8 residents say condo cut their water supply

At least eight residents of a private residential area in Cebu City have asked the court to order a property developer to immediately restore their water connections, which were disconnected early this month.

Engr. Filomeno Bono, a resident of Avida Towers Cebu IT Park in Barangay Apas, told SunStar Cebu that they decided to bring the matter to court since it affects more than half of the residents of the condominium.

According to Bono, around 380 of them were identified as “delinquents” by the condo’s management for allegedly refusing to settle their dues.

“We don’t really have problems with paying. What concerned us was that they were collecting from us without indicating the approving body that

made the collection policy. What we would’ve wanted was transparency,” he said.

The Regional Trial Court Branch 11 in Cebu City received last April 10 the plaintiffs’ urgent motion in the injunction case they filed against Avida Towers Cebu Condominium Corp. (ATCCC), Avida Land Corp. and Ayala Property Management Corp. (APMC).

In July 2017, Bono and the other owners lodged charges against the developer for reportedly violating Republic Act 4726 or the Condominium Act.

Bono said he and his neighbors protested the “exorbitant” condominium dues before the management, but they were allegedly left unheard.

On May 13, 2016, the Avida management reportedly called

for an assembly with the condo owners and residents, but only 25 of those who were invited came.

During the assembly, a certain Fatima Joy Reyes allegedly announced that despite the short notice, ATCCC had been registered with the Securities and Exchange Commission.

Along with this was the announcement of a board of trustees, and that the APMC will be implementing condo dues of P85 per square meter (sq. m.).

Bono said they already had to pay P99.25 per cubic meter for their water, and P52 per sq. m. for parking slots.

Aside from this, the board had allegedly approved the collection of a one-time membership fee of P2,850 for each unit owned. The membership fee will

be spread over a period of six months, or P475 a month.

“We protested on the grounds that we never elected the members of the board, and that we did not approve the imposition of the fees,” Bono said.

Another general assembly was called on Sept. 23, 2017. But despite having 380 attendees, the supposed elections were cancelled for lack of quorum.

On Feb. 23, 2018, an election was reportedly held despite having only 273 attendees.

A month later, owners reportedly received notices via text message that the management will be disconnecting the water connections of the “delinquents.”

Bono said that his family has been up-to-date with the payment of their water bills despite

protesting against the increase in rates.

He said their connection was eventually cut off last April 2, and since then his family has been using mineral water or asking from neighbors as an alternative.

Because of this, Bono and his neighbors have asked the court to direct ATCCC and APMC to restore their connections, and pay for damages amounting to P500,000 and another P500,000 for exemplary fees.

“We’re raising this matter because this is commercial oppression. Avida has also other properties outside Cebu and their residents may also share our woes. This might be a national concern,” he said.

SunStar Cebu tried to reach the management, but they were not available as of press time.