Since we moved in 7 months ago we found out that there are many neighbours (more than 50) who each have several dogs in cages in their yards that bark continually and also some that keep roosters that wake us up at 5am every morning.
We bought the house in this area because we thought it was quiet and no animals. In the contract for sale it specifically says that no animals are allowed. We have lived in other areas where there are lots of dogs and roosters etc and it is very noisy. We believed that we were not going to experience those problems in PTC. However the developer ACM is turning a blind eye to home owners keeping dogs and roosters and the noise is intolerable.
We have had many meetings with the developer and HOA officers and they admit readily that the contract states that there must be no animals but they are not prepared to ask the offending home owners to remove them as they do not want to upset them and also because it is the "Filipino culture". I have run out of patience with this sort of discussion.
We have a 14 year old son who is profoundly autistic and when the dogs are barking he bangs his head on the floor and bites his arm. This is very distressing for evertone in the house to say the least.
We have had several meetings with the developer and the HOA but so far no action has been taken despite many promises being made.
I now want to sue the developer and the HOA to get this issue resolved. I want to get the full price of my house and additions repaid in full which is 4.4 million Pesos and I still want to keep the house to sell. I also want punitive damages against the developer and the HOA to the amount of 200 million Pesos.
The developer and the HOA have both admitted that they are not upholding the deed of restrictions as they should and they are blaming each other. The HOA are saying that they have not had a formal handover from ACM. In turn ACM are saying the the HOA officers are not doing their duty. I am caught in the middle of this crazy situation and I am not waiting any longer.
I have tried for 7 months to overcome this and now I want to sue them for return of my full payment for my house plus substantial damages for our severe personal distress. My wife and I are now living apart because I cannot bear to live in our new house. It has caused so many fights and we are both too tired to continue.
Can anyone give me some sound legal advice? I would really like to make these people wake up and to uphold their own contract or to pay me the damages I seek. I honestly believe that I am the injured party in this situation and I am prepared to do whatever it takes to get my rights upheld.