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Lotowner dues

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1 Lotowner dues on Fri Sep 28, 2012 12:29 am

ma_purol


Arresto Menor
I own a lot, have the title and living abroad.

I was informed that i received a demand letter from an attorney for not payment of security, maintenance and utility services.

Should I pay? I am not a homeowner just a lot owner. Is there a difference?

The developer is sta lucia realty which is under RS property management corporation. The demand letter indicated that rs prop mgmt corp was hired by the homeowners association. Is this allowed?

I now live abroad, what legal actions can they do?

Thanks.

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2 Re: Lotowner dues on Thu Jan 31, 2013 4:45 am

Spykejet


Arresto Menor
I humbly suggest that you re-visit the terms and conditions laid out in the Deed of Restrictions, plus the Contract to Sell. Maybe it's there when you signed it. God bless.

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3 RS Property Management on Sat Apr 12, 2014 5:48 am

caj1202


Arresto Menor
I am also in the same situation.  I received last week, a 1st notice billing with last year's full year security and maintenance fees plus penalty and then this year's full charges amounting to P5k plus.

Would like to know if you were able to resolve this?

Thank you.

ma_purol wrote:I own a lot, have the title and living abroad.

I was informed that i received a demand letter from an attorney for not payment of security, maintenance and utility services.

Should I pay? I am not a homeowner just a lot owner. Is there a difference?

The developer is sta lucia realty which is under RS property management corporation. The demand letter indicated that rs prop mgmt corp was hired by the homeowners association. Is this allowed?

I now live abroad, what legal actions can they do?

Thanks.

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monchet


Arresto Menor
Hello,

Almost the same situation. Although mine, the lot has been paid 4 years ago but Sta. Lucia failed to produce the deed of absolute sale up to now. Reason :Their joint venture partner has not signed the Deed of Absolute Sale because Sta. Lucia has failed to Remit 2 payments to them. They have been trying to reconcile this for 4 years. I have all the receipts to prove that the lot has been paid. But no deed of sale.

Now comes RS property sending bills for lot maintenance. Technically I still do not own the lot because of the absence of the Deed of Absolute sale that Sta. Lucia has failed to produced. Is this a valid argument to refuse payment for the lot maintenance ?

I communicated to the manager of RS property explaining the situation through e-mail but did not get any response.

What can I do legally to Sta. Lucia for the delay in the processing of the Deed of Sale?

Thanks in advance.

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5 Re: Lotowner dues on Tue Jul 29, 2014 7:16 am

isellnuts


Arresto Menor
caj1202 wrote:I am also in the same situation.  I received last week, a 1st notice billing with last year's full year security and maintenance fees plus penalty and then this year's full charges amounting to P5k plus.

Would like to know if you were able to resolve this?

Thank you.

ma_purol wrote:I own a lot, have the title and living abroad.

I was informed that i received a demand letter from an attorney for not payment of security, maintenance and utility services.

Should I pay? I am not a homeowner just a lot owner. Is there a difference?

The developer is sta lucia realty which is under RS property management corporation. The demand letter indicated that rs prop mgmt corp was hired by the homeowners association. Is this allowed?

I now live abroad, what legal actions can they do?

Thanks.


Here's an important information readers MUST know:

Republic Act No. 9904
AN ACT PROVIDING FOR A MAGNA CARTA FOR HOMEOWNERS AND HOMEOWNERS’ ASSOCIATIONS, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

CHAPTER I
TITLE AND DECLARATION OF POLICY
Section 1. Title. – This Act shall be known as the "Magna Carta for Homeowners and Homeowners’ Associations".
Section 2. Declaration of Policy. - In fulfillment of the constitutional principles directing the State to encourage, promote and respect nongovernmental, community - based and people’s organizations in serving their legitimate collective interests in our participatory democracy, it is hereby declared the policy of the State to uphold the rights of the people to form unions, associations, or societies, and to recognize and promote the rights and the roles of homeowners as individuals and as members of the society and of homeowners' associations. To this end, the State shall endeavor to make available resources and assistance that will help them fulfill their roles In serving the needs and interests of their communities, in complementing the efforts of local government units (LGUs) in providing vital and basic services to our citizens, and in helping implement local and national government policies, programs, rules and ordinances for the development of the nation.
Section 3. Definition of Terms. - For purposes of this Act, the following terms shall mean:

(j) "Homeowner" refers to any of the following;

(1) An owner or purchaser of a lot in a subdivision/village;

(2) An awardee, usufructuary, or legal occupant of a unit, house and/or lot in a government socialized or economic housing or relocation project and other urban estates; or

(3) An informal settler in the process of being accredited as beneficiary or awardee of ownership rights under the CMP, LTAP, and other similar programs.

(k) "Residential real property" refers to any real property, the use of which is limited by law to primarily residential purposes.

(l) "Simple majority" refers to fifty percent (50%) plus one (1) of the total number of association members.

(m) "Socialized housing" refers to housing programs and projects covering houses and lots or home lots only undertaken by the government or the private sector for the underprivileged and homeless citizens which shall include sites and services development, long - term financing, liberalized terms on interest payments, and other benefits in accordance with the provisions of Republic Act No. 7279, otherwise known as the Urban Development and Housing Act of 1992 (UDHA).

(n) "Subdivision/Village" refers to a tract or parcel of land partitioned into individual lots, with or without improvements thereon, primarily for residential purposes.

Now, there is a government agency which regulates and implement these policies called Home Land and Use Regulatory Board (HLURB) issued what is called Implementing Rules and Regulations (IRR) to wit;

RULE 2
HOMEOWNERSHIP
Section 5. Commencement of Homeownership. – Homeownership
begins:
a. By owning a lot in a subdivision/village;
b. By purchasing a lot in a subdivision/village;

c. By being awarded, or by being a usufructuary, or by legally occupying,a unit, house, and/or lot in a government socialized or economic housing or relocation project and other urban estates; and
d. By being listed as a prospective beneficiary or awardee of ownership.

Since you are living abroad and if you don't have any plan to build a house in your lot you might as well sell it to escape the homeowners association fee/s as laid down in the association by-laws.

Again, please read carefully what are stipulated in the contract to sell with your developer.

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6 Re: Lotowner dues on Mon Oct 20, 2014 8:44 pm

19arvin73


Arresto Menor
I have the same problem on the above topics, what can you advice, thank you

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7 Re: Lotowner dues Today at 3:53 am

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