HLURB Agrees with HOAs

In a letter to Pag-ibig Citihomes Homeowners’ Associations (PICHOAs) dated February 2, 2012, Housing and Land Use Regulatory Board (HLURB) – Region 10 agrees with PICHOAs’ stand on the membership fee and association dues collected by the developer, Johndorf Ventures Corporation.

PICHOAs asked HLURB to issue a ruling for the developer to turn-over the fund to the respective homeowners’ associations of the subdivision, emphasizing that the developer is a totally separate entity from the association and, therefore, has no right to spend the money in their behalf.

HLURB pointed out in its response-letter that under PD 957, developers are obliged to “initiate” the organization of a Homeowners’ Association, but are not allowed to levy and collect association dues.

It also cited Section 27 of PD 957, otherwise known as The Subdivision and Condominium Buyers’ Protective Decree, which states that, “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.”

The letter also suggest for PICHOAs to make a formal, written demand to the developer, for the turn-over of the fees collected by the latter.

PICHOAs and the developer had previous dialogues but the former were only presented with collected sum of money minus the expenses incurred by the latter in the subdivision.

The associations strong stand is for the 100% turn-over of funds.

A conference or meeting among PICHOAs and representative from the developer will be held on February 10, 2012 at 9:00 o’clock in the morning at HLURB’s Regional Office, 3rd Floor, Du Point Building, Velez corner Akut Streets, Cagayan de Oro City.

Envisage Security Proposes Beefing up Manpower in Citihomes

Envisage Security Agency, Inc., the present security provider in the subdivision, proposed to Johndorf Ventures Corporation (JVC) to beef up its manpower stationed at Pag-ibig Citihomes in Malanang, Opol, Misamis Oriental.

The proposal of the security agency was bared in the Memorandum dated January 23, 2012 addressed to Engr. Joseph Navarro, the Project Manager of JVC. The agency furnished a copy of the memo to homeowners associations. PICHOA-2 received the copy of the memo on January 31, 2012.

The recommendation to beef up the physical security of the subdivision, as contained in the memo, is for JVC to construct a perimeter fence with steel entrance/exit main gate; restrict passage and loitering of stay-in/out contractors’ workers, including residents of neighboring/adjacent sitios in unoccupied housing units; limit stay-in workers and their families to the bunk houses; establishment of road traffic control and signs; and replacement of busted street lights.

The subdivision currently doesn’t have a gate and perimeter fence. People from neighboring communities also pose a threat for theft and other crimes.

The memo also recommends for additional security personnel. The current manpower is comprised only of nine (9) security guards. The proposal is to raise it to 16 security personnel.

The memo came from Mr. Momie B.Galoso, the Area Supervisor of Envisage Security Agency, Inc.

HOAs Suspend Erring Motorela Operator & Driver

The three Homeowners Associations (HOA) of Pag-ibig Citihomes in Malanang, Opol, Misamis Oriental suspended indefinitely an erring motorela operator and driver.

The motorela operator who happens to be the driver of the concerned motorela is Mr. Jesse Villaluz, a homeowner of Phase 1, married, and of legal age.

Motorela – Primary Mode of Transporation in Citihomes

The suspension is based on the complaint of Phase 3 President, Mr. Ruel Labares, lodged against Mr. Villaluz. The latter factored in an accident at the road separating Phase 2 and Phase 3 on the fateful evening of January 22, 2011.

The vehicle, which is owned and driven by Mr. Villaluz, was involved in a collision with another motorela. Mr. Villaluz was found to be intoxicated during the incident and is speeding beyond the 20 kph limit.

A hearing between the complainant and the concerned was called and attended by officers of the different associations. The associations imposed indefinite suspension of the operation of motorela owned by Mr. Villaluz. He is also indefinitely barred to drive a motorela within the subdivision.

The Associations had adopted last year guidelines and policies in policing the motorela operation within the subdivision. The sanctions imposed in the guidelines do not specify the reasons for indefinite suspension of motorela units and driver.

The present officers and members of the different HOAs are in the process of improving the rules and guidelines on motorela and habal-habal operations in the subdivision.

Motorela and habal-habal (single motorcycle for hire) are the major means of transportation from and to the subdivision.

PICHOA-2 issues Residence Certificate

The Pag-ibig Citihomes Phase 2 Homeowners’ Association (PICHOA-2) is ready to issue certification to resident-members. PICHOA-2 certification is only a confirmation that the name mentioned in the certificate resides in Phase 2 and is of good standing.

The certification is a requirement for micro-enterprises doing business in its jurisdiction especially during the renewal of their business permit with the Local Government Unit of Opol (Misamis Oriental). It is also a pre-requisite for those who are securing Barangay Clearance. Malanang Barangay Office will not issue Barangay Clearance without the certificate from the Association.

The requirements for securing the PICHOA-2 Certification are the following:

For Homeowners:

  1. Permit to Occupy (PTO)
  2. Valid ID Card

For Tenants and Non-Homeowners. These are those who are residing in the subdivision i.e. homeowner’s siblings, parents, relatives, etc.

  1. Certification from the Homeowner certifying that the applicant is his rightful tenant, sibling, parents, etc.
  2. Photocopy of Permit to Occupy of the Homeowner
  3. Photocopy of Valid ID Card of Homeowner
  4. Applicant’s Valid ID Card

Homeowners should have an updated payment of his/her monthly association dues before a certification can be issued. Monthly association dues is only P60.00.

The certificate only cost P20.00. Please ask for the Official Receipt. Certificate without Official Receipt number is considered invalid.

You can apply for the certification from the Association’s Treasurer, Ms. Gladys Adajar, located at Phase 2, Block 4, Lot 2.

New Drainage System is in Order for Citihomes

A request for the developer, Johndorf Ventures Corporation (JVC), to update the homeowners on the flood control system project and for the construction of common service facilities on open space was agreed in the joint meeting of officers of various homeowners’ associations (HOAs) of Pag-ibig Citihomes Subdivision last January 22, 2012.

The homeowners had it that JVC contracted a consultant to study and recommend a new design that will address the drainage and flood problem in the subdivision. The new design is expected to be presented to JVC for approval before the end of January this year.

The project engineer, Mr. John Lee K. Etol, on Saturday, January 28, 2012, met with the officers of HOAs. True enough, JVC’s consultant, Mr. Hackey (whatever the spelling of his name) will be presenting the plan to JVC by the end of the month.

Project engineer agreed for a separate schedule of presentation for the homeowners. He will be informing the concerned HOAs of the final schedule of meeting with the consultant.

The common service facilities i.e. multi-purpose building and basketball court that will be constructed on the open space, fronting Phase 1 and 3, will be put on hold. Construction of new units also takes a break pending the implementation of the new drainage or flood control system plan.

The flood control system has been one of the issues Phase 2 HOA strongly raised and fought for since its inception.

Phases 2 and 3 will be directly affected if Bungkalalan River will overflow. These areas are nestled along the river bank. The subdivision also serves as a catch basin of rain waters from Upper Malanang.

The current design of the drainage system can’t accommodate rain waters coming from upper ground. Water from Bungkalalan River backflows to the subdivision during heavy rains.

Phase 1, 2 & 3 HOAs ask HLURB’s Ruling

The Board of Directors of Pag-ibig Citihomes Phase 2 Homeowners’ Association (PCHOA-2) in their 2nd Regular Board Meeting unanimously agreed to demand the full turnover to the Association the fees collected by the developer, Johndorf Ventures Corporation (JVC). JVC collected the Membership Fee of P500.00 and 6-month advance on Membership/Association Dues, commonly known as monthly dues, worth P360.00 from homeowners during the issuance of Permit to Occupy (PTO).

PCHOA-2 in its two years of existence is still to receive the funds from the developer. Dialogues have been conducted in the past between the parties but failed to give good results.

In the joint meeting of officers of homeowners’ associations of Pag-ibig Citihomes Subdivision held in January 22, 2011, officers expressed a strong support to call for the 100% collection of money from JVC. The three (3) associations agreed to ask Housing and Land Use Regulatory Board (HLURB) to make a ruling on the issue.

A letter to HLURB signed by Phase 1, 2 & 3 Homeowners’ Associations’ Presidents was lodged with the former on January 27, 2012.

The State recognizes that developers of subdivision may help homeowners organize homeowners’ association.

“The developer may collect the Membership Fee and other dues in behalf of the Association pending its organization. But said money should be given back to the Association once it’s organized”, is the collective stand of the homeowners.

“The developer has no right to spend the collected fees or money of the Association, unless the Association authorizes them. The membership fee and monthly dues collected by the developer are Associations’ money, not of developer’s,” they further agreed.

There is no standing Memorandum of Understanding/Agreement between the JVC and the three (3) Homeowners’ Associations as to its use.

Cedula Issuance at Citihomes

During the 1st Regular Board Meeting-cum-Election of Officers, the newly elected members of the Board of Directors agreed to request the Office of the Barangay Official of Malanang to conduct a day clinic at the subdivision on a few weekends where they will issue Community Tax Certificate, commonly known as cedula. It was also agreed that if the Barangay Malanang officials will not grant the request, we will seek the services of the Local Government Unit of Opol.

The objective of the Board was simply to give convenience to the homeowners who will obsviously get cedula as this is necessary for their employment. Secondly, this will also give opportunity to the Barangay Official to raise their revenues.

Fortunately during the Oath-taking Ceremony of the newly elected officials of the various homeowners’ associations of Pag-ibig  Citihomes Subdivision, Barangay Captain Aba was in attendance. We then took the chance to ask him personally of the proposal of the Phase 2 Homeowners’ Association. Gladly enough, our Barangay Chair accepted our proposal.

Barangay Officials came to the subdivision on two successive Saturdays (January 14 & 21) to serve the residents. The agreement between the Barangay Chair and the Board was for them to provide services from 8:00 AM to 4:00 PM. However, the concerned officers were available only in the morning for both Saturdays.