Request for Ocular Inspection of SMDC Deliverables
magie - Friday, Jul 26, 2013, 1:45 AM
The HLURB monitoring team composed of Ariston Romel Lariosa and Fina Panes arrived a day earlier than scheduled for the ocular inspection of SMDC's promised amenities and facilities. We received an SMS around 11:15am from HLURB saying that they were already at the lobby to meet with us. SMDC's representatives Michelle Vibar and Arturo Flores Jr. were with them. Present during the meeting were Yolanda Ong, Chit Bernardino, Engels Antonio and myself.
Initially, Engr. Lariosa told us that our letter of request was vague. He said that it did not mention the particular deliverables that we were complaining about. We asked him if he needed another letter of request to continue with the ocular inspection, but he said that he can make do with what we have already provided.
These are his replies to each of the points raised based on our letter:
1. Disappearance of the swimming pool
HLURB presented the Grass Residences site development plan submitted by SMDC last 2007. It clearly shows five swimming pools. The only alerations were the actual locations of the two kiddie pools which were originally planned to be set beside the infinity pool but are now situated beside the clubhouse. We questioned the missing pools and mentioned that these were stated in the Master Deed that each unit owner signed. He said that it is possible that SMDC may have submitted an "altered plan" hence the missing pools. We requested for the said document but Engr. Lariosa said that they probably left it at their office.
2. Free Parking
Engr. Lariosa said that if free parking is not stated in the Master Deed then SMDC is not obliged to deliver it. We mentioned that this was the promise of SMDC's sales agents when they were still selling/marketing our units to us. He said "mahirap pag verbal, walang panghahawakan".
3. Shower Area and dressing room near the pool
Again, he said that if it is not stated in the Master Deed, SMDC is not liable for non-delivery.
4. Turn over of commercial area slots
We mentioned that the commercial units at the parking building ground floors are still not available for lease/purchase by residential unit owners who are supposed to have right of first refusal. We pointed out that theses areas were being used by SMDC as stock rooms for the furnishings of Tower 3 units. He said that it is SMDC's discretion when and to whom they will make these commercial units available.
He said that as long as SMDC is not yet fully done with the construction of all Grass Residences units, they are not obliged to turn the clubhouse over. While we cannot use the clubhouse for free, he said that there must at least be a special discount for unit owners for the use of the clubhouse facilities.
Engr. Lariosa took pictures of the bridgeway. I pointed out the rusts on the steel stairs and the broken floor tiles. I mentioned that we were apprehensive about using the steel stairs for fear of possible collapse, but he said that it is still ok for use. He mentioned that SMDC will be the one to repair these defects since there are still un-turned-over units.
Within 5 days after the said ocular inspection, the HLURB monitoring team will submit their findings to their office and coordinate with SMDC. They will then schedule a conciliation meeting at the HLURB legal department between the complainants and the developer. Should there be no compromise after the said meeting, it is our discretion if we will elevate this case to a higher authority/governing body.
Since they were CC'd with the increase in condominium dues, we were advised to talk to HOA regarding that matter.
During the course of the inspection, both SMDC representatives were relatively quiet. They did not need to defend nor present SMDC's side.
|mitch3020 - Friday, Jul 26, 2013, 5:40 PMThis is good to know that they are looking through this. This will raise awareness of SMDC that residents of Grass will not be taking things just lying down.
|cndags - Sunday, Jul 28, 2013, 7:33 PMHow about the deliverables for the unit? Tower 3 missing:
2. Bedside table
3, double sized bed instead of queen sized
4. 6 cubic refrigerator instead of 8 cubic
5. HCG brand toilet fixtures instead of HANSGROHE (my friend says price is triple for hansgrohe, and so is the quality)
6. Roller shades
7. Electrolux (cheaper) brand rangehood and cooker instead of la germania.
No letter whatsoever was received about these, in the whole course of 3 years plus half a year delay.
|magie - Tuesday, Jul 30, 2013, 3:05 PMThanks for telling us about the missing and downgraded appliances & fixtures in your unit at Tower 3. Most of us are from Tower 1, so input like this are very helpful in consolidating our concerns. We will communicate this to SMDC in our upcoming meeting with GRCC, if and when it happens.|
|eighteen - Monday, Aug 12, 2013, 7:43 AMSana may minutes ng mga discussion at mga sagot na may sign ang participants para may official record for later discussions. madali lang magdeny mga yan pag nagfollow up na tayo.|
|michael_r - Wednesday, Aug 14, 2013, 11:05 PMTungkol sa #2. Free Parking
"Engr. Lariosa said that if free parking is not stated in the Master Deed then SMDC is not obliged to deliver it. We mentioned that this was the promise of SMDC's sales agents when they were still selling/marketing our units to us. He said "mahirap pag verbal, walang panghahawakan"."
inde lang master deed ang basehan ng deliverables.
ung mga advertisements, brochures, flyers, mga pangako ng representatives ng smdc, including sales agents, ay responsibility din ng principal smdc.
otherwise, kung di sila tumupad sa mga sinabi nila, pwede habulin ang smdc and its representatives for false advertising and unfulfilled promises. kung decided tayo na gawin yon.
smdc's sales persons volunteered the information about the first-come first served free parking. i (and my three friends who were with me at the time this was discussed by my sales agent) can attest to it. so could many other unit owners with the same experience.
sa law, even unwritten agreements, including 'verbal', ay binding. basta may mga magpapatunay (tayo yon) na talagang sinabi yon ng smdc or its representatives.
kung tama ang sinabi ng engr na - "mahirap pag verbal, walang panghahawakan" - di rin tayo dapat maniniwala sa kanya kasi 'verbal' din pagkasabi nya. sabi nya lang yon. cge nga, ilagay nya in black and white kung talagang totoo ang sinungaling nya.
kelangan i-press natin ang smdc and the property managers sa issue ng parking. ano ba talaga ang status ng open parking areas sa paligid ng grass residences (which incidentally encroach on the 3-meter plant buffer around the perimeter mentioned in the smdc grass residences brochure). talaga bang pinagbili na yon sa certain unit owners? bakit walang formal notice sa mga unit owners na pinagbibili yon? bakit konti lang ang nakakaalam? bakit sa tsismis tsismis lang naririnig? ano ang plano ng smdc and its property managers sa mga unit owners na naniwala sa kanilang sales pitch ng free parking at walang parking areas ngayon?
kelangan ang inquiry natin tungkol dito (at sa mga iba pang bagay) ay in black and white. ang sagot dapat ng smdc or its representatives ay in black and white din. para may 'panghahawakan', sabi nga ng engr.
pag di natin i-pursue ito nang seryoso, walang mangyayari sa mga walang parking.
|magie - Thursday, Aug 22, 2013, 3:05 PMOur fellow unit owner Angelica Caballero is currently at HLURB to obtain our copy of the letter that HLURB sent to SMDC as a result of the former's inspection last July 26.
The letter penalizes the developer for alteration in the dev plan and orders developer to rehabilitate/repair immediately the damaged portions of the bridgeway.
|magie - Friday, Aug 23, 2013, 4:29 PMHere's a copy of the HLURB's notice and order to SMDC to explain their side.
|michael_r - Friday, Aug 23, 2013, 4:50 PMHa x 8
P10k lang pala ang admin fine sa alterations, assuming di pa maipaliwanag nang maayos.
e di ang gagawin na lang, alter na lang nang alter. cheap lang pala ang fine.
kasing cheap nang ginagawa nila sa atin.
|cenen - Friday, Aug 23, 2013, 5:23 PMA mere 10,000 peso fine is all we get? they must be kidding us.... how about the swimming pools? and the altered pools? the vanguard security ID ? and the Wi-Fi on the common areas? and the other areas of our concerns?
have we got a copy of their response to Atty. Estevez's letter?
|irwinchua - Friday, Aug 23, 2013, 6:09 PMFor share lang, i bought a land unit in rockwel
late sila ng delivery, payment they postpone until turn over of units. (ibang clase pla mga ito).
kaya ngayon ko lang naintindihan bakit nila sinasabi na masmaraming gusto bumili sa high end na developers.
at community tlg environment. more sila na alagaan brand name nila kesa profit.
pagsm lugi tlg kau lht. kht akin selling it cheap na hirap pa magbenta. kla p ng iba bakit ko binebenta ng mura. isa lang masasabi ko. wla future dito promise...sayang investment sa sm (moral lesson sa first time buyers). kht anu pang push nyo ndi worth ng effort ang result.
|cathyemangussad - Friday, Aug 23, 2013, 6:22 PMHope we still have other options to make SMDC give what they promised during selling. We didn't buy just to be fooled by these people.|
|michael_r - Friday, Aug 23, 2013, 11:26 PMAy, irwin!
sana may bumili na ng discounted units mo.
good luck sa'yo!
at good riddance.
"wla future dito promise...sayang investment sa sm (moral lesson sa first time buyers). kht anu pang push nyo ndi worth ng effort ang result."
di ganyang mga unit owners ang kelangan dito sa grass residences.
'pag may problema, dapat magtulungan.
inde 'yang puro negative thoughts mo.
|beam - Friday, Aug 23, 2013, 11:41 PM"... kht anu pang push nyo ndi worth ng effort ang result."
Irwin, given na nandito na tayo sa Grass at marami tayong nararanasang mga problema (e.g. missing swimming pools, condo dues increase, sirang bridgeway, etc.) ano kaya ang naiisip mong suggestions/mga solusyon* na pwede NATING gawin? Thanks.
* Syempre di na counted ang pagbenta ng units mo ha dahil nabanggit mo na to nang maraming beses.
|cenen - Saturday, Aug 24, 2013, 2:35 AM@ Irwin Chua
with all due respect to your opinion and what ever motive you have, I don't think your negative comments is helping anybody; am not even sure if this is the right venue for your angst.... pardon my French...
I am a first time buyer and I am not desperate although have my share of disappointment, but believe you me there are a lot worst than SMDC out there....
we are here to collectively provide our creative and constructive means to address what the current predicament that we have at hand; by continuously throwing negative remarks it doesn't help any lest that is your actual intent...
I don't want to be blunt and wouldn't want to start any discourse with anyone, what we have is positive input and we encourage you to the same...
good luck in your endeavor to sell your units, hope and pray you get someone who will be willing to help in sorting out issues with SMDC with open arms...
God bless & Godspeed.....
|irwinchua - Saturday, Aug 24, 2013, 7:11 AMAng naisip ko wla b taung lawyer dito?yung magaling? kasi si megaworld balita ko madami kaso, oras na cguro na magconsult ng lawyer at magfile ng case tulad ng ginawa ng unit owners ng MW. masmalala sakanila kulang sqm daw.... anu sa tingin nyo? kasi masmaganda kung balik nlng pera ntn sakanila na ulit units hehe pwd ba ganun?|
|irwinchua - Saturday, Aug 24, 2013, 7:19 AMTignan nyo ha almost 2k unit owners konti lang participants, dapat dito mala edsa revolution pra gumalaw sm. kailngn ata maglabas ng pagkain budget pra sumama iba. dapat kuha ng protesters sa moa office. dpt tlg gagastos pra gumana yang complaints na yan kung ndi usad pagong at imposibleng gumana..|
|irwinchua - Saturday, Aug 24, 2013, 10:03 AMTo every one who commented to me,sorry to disapoint. we are all in the same boat here, dnt get me wrong. i want to jump out (soon) but when i look at all of you, i just feel angry at the result of what every effort you all have done, sayang, with all the meeting and stuffs.i dnt mean to critic (dnt get me wrong). i saw all the effort especially yung signiture campaign. and post in the board down stairs. etc.
sayang pagod nyo.- sorry to say this
i know all of you shared and help but all i want to tell all of you is that change will only happen if our action really hurt them. what i mean "not in a violent way."
|cenen - Saturday, Aug 24, 2013, 3:32 PM@ Irwin Chua, if you have been reading the threads here in the forum rather that venting your angst; you could have glanced upon the fact that Atty. Ryan L. Estevez who is a resident of tower 1 is leading the coordination with SMDC, Q.C. sanitary inspectors and HLURB. It is the very reason why HLURB including the sanitary inspectors of Q.C. has conducted their inspection and issued the above initial letter to SMDC.
also as reported by Ms. Maggie, Tower 1 has approximately 85% or 1,700 turned-over units and Tower 3 has only 10% or 190 turned-over units. I suggest that probably a door to door campaign to solicit their support would help forge a stronger case with before an actual legal suite is filed against SMDC if HLURB fail to act on the issues.... if I am not overseas and have we already got our unit in tower 3 I would be joining the door to door campaign.... just my 5 centavo
again I am not here to start any discourse with anyone; just voicing my opinion and giving some suggestion for the team's perusal
good luck to all of us, God bless & Godspeed
|irwinchua - Sunday, Aug 25, 2013, 8:47 PMDapat magkaroon ng stickers mga pumapasok na sasakyan at malagyan ng tubig parking pra malinisan ng driver sa parking area.
sa entrance palang ang labo na ng systema na wlang sticker. stop bukas bintana sigaw mo unit number mo. sana maayos na to.
|irwinchua - Sunday, Aug 25, 2013, 8:49 PMIsa pa sana ipetition nyo na din yung pagtayo ng tower 4 and 5 kasi crowded na dn mga amenities natin ndi naman kasama sa plano yan. nakakaharang pa ng view. sana iayos naman ito wag puro profit ang inuuna. tlgng lugi mga buyer dito.|
|irwinchua - Tuesday, Aug 27, 2013, 3:53 PMWait m lng pagnakastay ka n dyan yung mga butas ng drainage sa cr kala imburnal. Tubig top floor sbraang hina kala m ndi ka nagbbyad.hehe...cute cute ng smdc e. At pagumulan beware kau sa mga switch bka ma ground. Lakas tagas dun|
|irwinchua - Tuesday, Aug 27, 2013, 3:54 PMTotal loss investment pero wla na magagawa. Kailngn tlg banatan sila e. Subukan nyo magresale ng unit tska nyo malalaman|
|magie - Friday, Aug 30, 2013, 1:14 AMSMDC already sent their reply to HLURB regarding the demand to deliver the pool near Tower 3 along with other deliverables. Atty. Ryan Estevez was furnished with the said reply early this week and we look forward to getting more information and details on this issue.|
|magie - Tuesday, Sep 3, 2013, 7:02 PM
|engels - Tuesday, Oct 1, 2013, 3:01 AMHello SMDC. I did not expect such a flimsy reply from a supposedly intelligent organization like yours. Pa-pogi lang ito at hindi nagpapakita ng tunay na pagpapahalaga sa mga nagtiwala at tumangkilik sa inyong proyekto.
"Regarding the increase in association dues, a meeting between SMDC's representatives and Atty. Estevez was held on 02 August 2013 where SMDC representatives explained the particulars of the operating expenses for Grass Residences."
This statement is misleading. Readers are led to believe that Atty. Estevez and the other representatives who met with you agreed to the increase. The one-page OpEx sheet you presented did not explain the "particulars of the operating expenses for Grass Residences" contrary to your statement. In fact, one of your senior managers threatened to walk out (must be a habit of hers) when pressed for details and documents to support the seemingly bloated and random figures in the said OpEx sheet.
"SMDC, in its capacity as the Project Developer and Declarant, has reserved its rights to alter or modify the plans and specifications of the project as stated in Second Amended and Restated Master Deed with Declaration of Restrictions of Grass Residences dated 08 March 2013."
I've said it before, I'll say it again: Justice before law. You can hide behind amendments and other legal gobbledygook, but it does not change the fact that you lied.
|engels - Tuesday, Oct 1, 2013, 3:01 AM"On the alteration in the facilities, including the removal of the pool beside Tower 3, this move was done to provide more "green" area for the residents without the accompanying substantial expense of maintaining a pool. At present, there are two (2) kiddie pools, one (1) adult pool, and (1) Olypmic-sized pool at Grass Residences. The additional pool would have further incurred expense approximated at P50,000.00 per month. This amount would have been divided among the residents as part of their association dues. But due to the replanning, a significant amount of savings from the monthly dues will be achieved."
More "green" area for the residents, or more "green" for SMDC? We are not stupid.
There are currently 3 swimming pools: 2 kiddie pools (only one is usable) and 1 "infinity" pool. The Olympic-sized pool is actually the upper section of the "infinity" pool. Water is supposed to cascade from there down to the adult-size pool, which is the lower section of the "infinity" pool. According to folks present during initial tests, water from the upper section failed to cascade properly down to the lower section. Instead of addressing this (lowering the barrier between the upper and lower sections by removing two rows of bricks, for example) your people on the ground simply called it quits and considered the "infinity" pool as two separate pools. How convenient.
The initial condominium dues of 60 pesos per square meter covers 5 swimming pools as per the master deed and the master plan. Please, stop using the increase in condominium dues to frighten us into submission. We have already proven that your computations are baseless and bloated.
|engels - Tuesday, Oct 1, 2013, 3:01 AM"With respect to the alleged non-turnover of the Clubhouse, please be informed that SMDC will convey it to the Condominium Corporation after the substantial completion of Grass Residences on 2016. To date, SMDC solely pays for the expenses in maintaining the Clubhouse, a cost that does not form part of residents' association dues. Note that once the Clubhouse is conveyed to the Condominium Corporation, all cost/expense shall likewise be added to the association dues."
Alleged? We would not be questioning this if you did not advertise the clubhouse as a facility that unit owners can immediately enjoy. You should have told us that we had to either pay exorbitant fees or wait until 2016 before we can use the clubhouse. Instead, you made the clubhouse (just like the 5 swimming pools) bait for your buyers/victims. You claim to "solely pay for the expenses in maintaining the Clubhouse" yet you refuse to show us receipts and other necessary documents to prove it. Maniniwala pa ba kami sa inyo matapos ninyong ipagyabang na nagbabayad kayo ng condominium dues "in bulk" pero hindi naman pala? Even if you asked the admin to bill you after the meeting, you lied to us during the meeting. Stop using the increase in condominium dues as a weapon everytime we ask you to deliver on your promises.
|engels - Tuesday, Oct 1, 2013, 3:01 AM"As regards the free parking area around the buildings, please be informed that it was not part of the plans for Grass Residences."
If this statement is true, then all your agents lied. Hanggang ngayon ay ipinagmamalaki pa rin ng mga ahente ninyo sa mga pinabibisita nila dito na libre ang parking sa paligid ng mga tower. May pa-kumpas-kumpas pa ng kamay. So it's either you are lying or your agents are lying. Either way, may sinungaling sa inyo.
SMDC, nangahas kayong pumasok sa real estate business. Panindigan ninyo. This is not a game, nor is it an experiment. Don't make your buyers pay for your mistakes.
|tess - Thursday, Oct 3, 2013, 8:29 AMI have a friend na lawyer si Atty. Joel Pradia and they won their case against sa developer, im planning to visit him, next week, My husband and I really plan to get what is due from SMDC, di lang because of the small items that they did not deliver to us, but we felt that we were cheated, and naloko, sa edad natin to, diba, naloko tayo ng mga ahente, ng SMDC, ... it's not pride, but because, ang binayad natin ditto e di naman madali kitain, pinaghirapan natin yun,|
|tess - Thursday, Oct 3, 2013, 8:32 AMHow about yun covered swimming pool na dapat e nasa parking area B? .... I think we all should meet and plan, I for one cannot do this alone, but going to the media, I can do it, together with my husband but it would be more ok if others would join, then I also want if we could make a complaint letter as one and lahat tayo mag sign, am willing to do paper works, and errands, and all, will give time for this, kasi kailangan.|
|irwinchua - Friday, Oct 4, 2013, 6:45 AMMs tess, opinion ko lang hintayin natin mabuo yung home onwer association pra mas organized tau bago natin sila kasuhan, pra iisa nalang voice ntn. pero ok ako dun sa media exposure. pero sa case mas ok pagmay association na tau pra may budget din na makukuha.
at akin sana kung pwd lang sue them for damages din, at least per sqm na loses natin dito, pra mas madami sumama at rebate sa dues plus interest.
sana mapaaga yung asociation. tnx
|tess - Friday, Oct 4, 2013, 8:30 AMWith regards to alteration and modifications, dapat lahat yan, before I modify ng SMDC, nag file muna sila sa HLURB, to ask permission for the alterations, e sa dami ng alterations and modifications, I think wala, kaya lahat ng ito e panloloko, we can get copies of alterations and modifications sa HLURB ; I know all about this cause I have a client who's also into real estate business, subdivision naman, but the same lang ang rules and regulations . all documents yung Magna Carta of HOA, and Condominium Act can be downloaded sa HLURB, and based naman sa Magna Carta of HOA, any unit owner can open and audit the Books of Accounts of the Association, without asking permission or whatsoever , we can actually audit GRass Residence Corp. what I am trying to say is, we all know naman na SMDC is manipulating us, bakit pa tayo magtitiwala sa kanila e nanloko na nga.. this is just my opinion, I don't intend na manggulo, ang objective ko is to get what is due from them not only for myself, but para sa lahat, am just trying to point out our rights. parang sa chess, ang move nila is elections, then what???? hihintayin ba natin ma ma checkmate tayo at dina makagawa ng Move???? hanggang naipit na tyo???|
|tess - Friday, Oct 4, 2013, 8:41 AMIf eto yun answer ng SMDC, they should provide us a copy that the've already ask permission from HLURB, if they have made alterations or modifications prior sa ginawa nilang modifications, meron ba? diba wala?
|tess - Friday, Oct 4, 2013, 8:46 AMWith regards to the sales agents, me habol pa din tayo sa kanila, if and only they are registered real estate agent or have a license from PRC, we can file gross negligence, for false representation, para matanggalan ng license ang mga ahente na yan, dahil sa ginawa nilang panloloko , if lahat tayo pipirma sa complaint, matatanggalan yan ng license, or, if mga ahente is ma pressure din, para ramdam nila ang ginawa nila, that is the reason why I want to form a group, kasi dapat lahat pipirma, ang ibigay lahat ng pangalan ng ahente, isa to sa gusto ko mangyari, na panagutin din ang mga siningaling na ahente na yan.|
|tess - Saturday, Oct 5, 2013, 3:20 PMWith respect to the alleged non-turnover of the Clubhouse, please be informed that SMDC will convey it to the Condominium Corporation after the substantial completion of Grass Residences on 2016. To date, SMDC solely pays for the expenses in maintaining the Clubhouse, a cost that does not form part of residents' association dues. Note that once the Clubhouse is conveyed to the Condominium Corporation, all cost/expense shall likewise be added to the association dues.
1. GRCC is not the recognized HOA by the unit owners, SMDC fooled us again to believe that GRCC is the real HOA, it clearly stated that " ONCE THE CLUBHOUSE IS CONVEYED TO THE CONDOMINIUM CORP., ALL COST /EXPENSE SHALL LIKEWISE BE ADDED TO THE ASSCO. DUES."
see... coming from SMDC, no final turn over has yet taken place, we should file a complaint to GRCC and SMDC, to refund all the payments, they should be the one to shoulder all of the expenses in this project, ( Grass Residence ) , kasi dpa complete, and this is what I meant na I boycott ang election, walang uupo sa GRCC, once maupo dun, wala na, tayo magagawa kundi sumunod sa kanila. SEE kung kanino sumusunod ang GRCC diba sa empleyado ng SMDC? na si Remus Maramba ba yun? SMDC made to believe us . unit owners that GRCC is the legal HOA, they also made to believe HLURB that GRCC is the HOA created by us the unit owners, I hope na explain ko., SMDC is trying to fool us again, syempre malaki matitipid nila kasi lahat ng expenses to complete this project, yung mga amenities, maintainance ng elevator etc, e makikihati tayo, na dapat e SMDC ang gagastos. , obviously this is Fraudulent manipulations by SMDC. ,
|tess - Saturday, Oct 5, 2013, 3:27 PMBefore, I really thought GRCC is the real HOA, but finally, naliwanagan ako, this is just another ploy of SMDC, no turn over must take place, until the time na complete na ang project, until such time, or pag nag turn over na sa atin kasi ganito na madami pa problems, SMDC the developer and gagastos, sa lahat, kung me mauupo sa atin as Board members, magiging kahati na tayo ng SMDC sa pag complete ng projects which means, tataas ang assoc. dues. GRCC naka register nga sa SEC and BIR and cityhall, but that does not mean na di sila illegal, illegal kasi they do not meet the 2 criteria, that is written sa Condo Act of the Phils. please read my previous comments. I stand by this, and will fight for our rights mga co -unit owners. ,|
|tess - Monday, Oct 7, 2013, 8:52 AMThis is from Presidential Decree 957 Buyers Protection Act;
SECTION 19. Advertisements – Advertisements that may be made by the owner or developer through newspaper, radio, televisions, leaflets, circulars or any other form about the subdivision or the condominium or its operations of activities must reflect the real facts and must be presented in such manner that will not tend to mislead or deceive the public. The owner or developer shall be answerable and liable for the facilities, improvements, infrastructures or other forms of development presented or promised in brochures, advertisements and other sales propaganda disseminated by the owner or developer or his agents and the same shall form part of the sales warranties enforceable against said owner or developer, jointly and severally. Failure to comply with these warranties shall also be punishable in accordance with the penalties provided for in this Decree.
WE CAN FILE AND SUE SMDC FOR FALSE ADVERTISEMENT, Please get a copy of Presidential Decree 957, Buyer's Protection
|tess - Monday, Oct 7, 2013, 8:53 AMPresidential Decree 957 - Buyer's Protection Act
SECTION 22. Alteration of Plans – No owner or developer shall change or alter the roads, open spaces, infrastructures, facilities for public use and/or other form of subdivision developments as contained in the approved subdivision plan and/or represented in its advertisements, without the permission of the Authority and the written conformity or consent of the duly organized homeowner’s association, or in the absence of the latter, by the majority of the lot buyers in the subdivision;
SMDC HAS DONE MANY ALTERATIONS AND MODIFICATION, IT'S ANOTHER VIOLATION,
|tess - Monday, Oct 7, 2013, 8:55 AMPresidential Decree 957
SECTION 27. Other Charges. – No owner or developer shall levy upon any lot or unit buyer a fee for an alleged community benefit. Fees to finance services for common comfort, security and sanitation may be collected only by a properly organized homeowners’ association and only with the consent of a majority of the lot or unit buyers actually residing in the subdivision or condominium project.
SMDC AGAIN VIOLATES THIS RULING...
|tess - Monday, Oct 7, 2013, 9:40 AMIf SMDC said that they have altered the plans, they must show us the approval from HLURB all the amendments and alterations made and approved by HLURB, if not, they are still obliged and liable to us, the unit owners,
If HLURB has approved such plans, or alterations, how come SMDC was able to get that approval? since one of the requirement of HLURB, for them to approved alterations is that SMDC must show HLURB that they ( SMDC ) complied with RA 7899 of 1995 which states that :
. Written consent from the simple majority of registered owners which is in this case, tayo na mga unit owners.
2. Proof of written notification to all registered owners. ( Unit Owners )
wala naman sinabi ang SMDC na mag modify sila.
|magie - Sunday, Oct 20, 2013, 2:23 AMFrom the cover letter sent by SMDC to HLURB in response to our formal complaint about the bridgeway:
"With respect to the rehabilitation of the steel railings and the repair of the floor tiles therein, please be assured that the same will be completed by March 2014."
|magie - Sunday, Oct 20, 2013, 2:24 AMFrom a sworn statement sent by SMDC to HLURB in response to our formal complaint about the missing swimming pools:
"The two (2) swimming pools located in front of Tower 2 and 3 will be constructed with a target delivery date of June 2014."
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