APOLLO X.C.S. SANGALANG & ASSOCIATES P A L A D I N S O F L A W_
th
5 Floor Builder’s Center, 170 Salcedo Street, Legazpi Village Village Makati City, Metro Manila, Philippines 1229 Telephone: (+63 2) 209-3568; (+63 2) 208-2606; Mobile: (+63 917) 821-6848 Email:
[email protected] January 30, 2015
Homeowners Association Baguio Green Valley Condominiums Baguio City, Philippines Attn:
Ms. Sally Tee
Re:
Demand to Rehabilitate and Repair Unit 22a and Unit 24 and/or Cease and desist from deducting association dues from the advances made by Mr. Wong.
Gentlemen: I write on behalf of our client, Mr. Steven Wong. Our client is the owner of two (2) condominium units, in Green Valley Condominium in Baguio City. Based on our client's records, he has been a unit owner and association member in good standing. Mr. Wong oftentimes pays his monthly association dues in advance of at least five years. Sometime in 2014, our client plans to renovate the interior part of his unit in building A for the upcoming Holy week vacation, however it came to his attention that aside from his unit, unit 22 A, an adjacent unit, is dilapidated which prevented our client from renovating his unit. For this reason, our client looked for the advice of a professional engineer thus, he was advised to have the outer wall of unit 24 A and unit 22 A repaired and rehabilitated first before renovations would be applied for his unit. Furthermore, the association records would reveal that the registered unit owner of 22 A, Theresa Ramos, had not been occupying the said unit for more than a decade. There was never a single communication received by the association nor the management office from her informing of her whereabouts and contact details. Thus, her absence for more than 10 years costs the deterioration and degeneration of her unit thus, making the unit hazardous not only to its adjacent units but also to the entire building. On March 15, 2014, our client wrote a letter requesting that he be allowed to repair unit 22 of building A. Apparently, the letter of request landed on deaf ears, because of this, our client was deprived of repairing and renovating his unit. This deprivation was tantamount to dispossession. It deprived our client the opportunity to use and utilize his property, deprived him of possible income in the amount of 1,500 pesos/day or 547,500/year of income if he desires to have his unit rented/leased. In fact, there is a practical solution to prevent future harm among the members of the association. Our client, is willing to shoulder the cost of the repair, rehabilitation and maintenance of unit 22. This is for the sole purpose of preserving the integrity of unit 22 and building A from further deterioration for the safety and protection of our client and members of the association from possible future harm. In case that the association would allow our client to make the necessary repairs and rehabilitation if unit 22 A, our client asks that he be allowed to occupy unit 22 of building A in lieu of the costs of repair and rehabilitation. In addition, our client will be responsible for the association dues and flat rate of water charges of the said unit subject to reimbursements upon the return of the unit owner or her heirs and assignees. Furthermore, our client guarantees that, if and when Mrs. Ramos or her duly authorized representative returns
and reappears to claim the subject unit, our client will dutifully comply in ceasing possession of the said unit and to return the same in order. Considering the cost of repairs and expenses, as may be incurred if our client, he requests that he be entitled for the full reimbursement of the following 1. Association dues paid in advance for the benefit of unit 22 of building A, 2. Flat rate of water charges for the said unit, 3. Construction and repair expenses plus 1.5% interest per month compounded if not yet fully satisfied by the said unit owner. Should the of Association the above requests, it is such legally thatofthe would cause the repairs unit 22 A deny including including the common areas as demandable the outer wall theAssociation hallway hallway and its maintenance to prevent further damage and injury. Otherwise, our client is inclined to demand that you cease and desist from deducting the association dues given in advance by our client and to pay 1500/day of possible income loss unless and until repairs and maintenance as demand is accomplished. Our client firmly knows that under the Condominium Act and the contract between the unit owner and the Association, dues paid by members are for the very purpose of maintaining m aintaining the building that they occupy. It iis s an expense on their part for your organization to administer and maintain. Otherwise, I shall immediately file a complaint in violation of R.A. 4726 or otherwise known as the Condominium Act of 1966 1966 against you with claims for actual damages, moral damages, exemplary exemplary damages, fines, costs of suit, interests, penalties, etc., which based on my rough estimate would be an additional Php 1,000,000.00 on top of the above-quoted amount. Note that you have been duly warned and notified.
ATTY. APOLLO X.C.S. SANGALANG
