The members of the Town & Country-Negros Homeowners/Lotowners Association Inc. in Talisay City yesterday urged Active Construction Inc. to repair the amenities and do maintenance work in their subdivision as ordered by the Housing and Land Use Regulatory Board in Western Visayas.

In a press conference yesterday, the homeowners presented the HLURB decision on their complaint for breach of contract, specific performance of contractual statutory obligations, fraudulent practices, manipulation, and unsound business practices and damages against ACI.

In the 21-page decision dated May 22, 2012 and signed by Housing and Land Arbiter Mechor Calopiz, HLURB ordered ACI to finish all development work in the subdivision, including the repair of the damaged portion of the existing amenities, maintenance work on its water reservoir, and repair of damaged sidewalks along planting strips in Windsor Tower-Phase I.

The HLURD also ordered the completion of alleys, installation of post, street lights, a water tank, and to follow all provisions of facilities as represented in its advertisement. They were also told to pay of P20,000 as fine for violation of sections 19 and 20 in relation to section 38 of Presidential Decree 957 or the Subdivision and Condominium Buyer’s Protective Decree.

The same complaint was filed by the homeowners against the subdivision’s landowner, the Lacson Family, but it was dismissed by the HLURB except on the issue on maintenance fee.

Jonard Aremas, executive vice president of ACI-Talisay, said he is in no position to give any official statement on the issue.

Ma. Lucia Custer, president of the TNC home owners association, said the development of the subdivision started in 1993 and after 17 years the approved project plan is not fully implemented, which prompted them to file the complaint last year.

Custer said they had been sending letters and trying to communicate with the developer but their letters and communications were ignored. Aside from the completion of the amenities, they also want the developer to take responsibility on the maintenance of the subdivision, she also said.

Custer said in 2001, the developer through its general manager, the late Jose Ramon Soliven, and the landowners agreed on the P150,000 monthly financial assistance to be given to the homeowners where ACI gives 60 percent and 40 percent from the Lacson Family.

However, when the new Board assumed office in 2009, they found out that ACI only gives P71,345.60 and P33,050 from the Lacson Family that totalled to P104,395.60 instead of P150,000.

She claimed that ACI stopped their payment on October 2011 because they filed a complaint against the developer. The Lascon Family, on the other hand, continued their financial assistance.

In a letter sent to ACI dated June 23, 2012, Custer said the developer owes them P642,110.40 from October 2011 until this month.

Custer added that they only want the ACI to finish and complete the approved subdivision plan and give the right services due for the home owners.

ACI is a subsidiary of the Active Group, Inc. *LTG

back to top