CITIHOMES, a subdivision located in Bario Malanang in the Municipality of Opol, Misamis Oriental, smells of rot for almost a month now. Homeowners’ garbage remains uncollected. Domestic animals feast on plastic or sacks of rotting house wastes and foul smelling baby diapers pinned on perimeter fences.
Citihomes is believed to be the biggest subdivision in Region 10 once completed.
The project developer, Johndorf Ventures Corporation (JVC), without due notice to the concerned homeowners’ associations (HOAs) stopped the garbage collection services.
JVC regularly collects the garbage every Thursday or Friday up until a month ago.
The move of the developer surprised homeowners when JVC did not collect garbage for two straight weeks. The garbage truck usually misses collection for one week only.
The garbage problem left homeowners and HOAs officers guessing on JVC’s intention since it happened right after JVC’s interest to return the membership fees of HOAs.
Project Engineer Etol has no concrete answer to the reason for the service stoppage but instead refers complaining homeowners to their respective HOA’s Board.
Partial Remittance of Membership Fee to HOAs
JVC has signified to remit the membership fees to the HOAs.
Check issued by JVC representing membership fees due to respective HOAs represents only partial amount of the total collectibles of HOAs from the developer.
JVC is still has to furnish HOAs the MASTER LIST of homeowners who have taken out their respective housing units.
HOAs Collectibles from the Developer
Each HOA has pending collectibles from the developer. Collectibles include those fees collected by JVC, in the guise of HOA, from homeowners during the take-out of their housing units. These fees are the monthly dues and membership fees.
Subdivision developers are prohibited from collecting any fees from the homeowners or buyers of condominium or subdivision to finance common comfort.
Section 27 of Presidential Decree 957 provides: Other Charges. No owner or developer shall levy upon any lot or 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.