Homeowners ‘refused’ access to subdivision facilities
of Sunberry Homes in Sudtonggan, Barangay Basak, Lapu-Lapu City continue to complain about exorbitant water rates a year after raising the matter before the government.
Now, they have a new axe to grind: they are accusing the developer of preventing them from using the subdivision’s facilities.
On Wednesday, Feb. 14, 2024, the homeowners association sent a letter to the Department of Human Settlement and Urban Development (DSHUD) 7 Human Settlement Adjudication Commission to seek help.
In the letter furnished to SunStar Cebu, residents asked the DSHUD 7 to instruct Contempo Property Holdings Inc., the developer, to cancel all outstanding balances on their water bills. They also asked the developer to hand over the management of the water supply for the subdivision, as well as all relevant records and documents related to it, to the homeowners association.
The homeowners also demanded that the developer allow them to use the subdivision’s amenities and reconnect the electricity.
They seek moral damages in the amount of P100,000 and P30,000 in legal fees.
On Friday, Feb. 16, Antonio Dosado, one of the complainants, sent a text message to SunStar Cebu stating that Contempo continues to demand payment for water they consumed despite allegedly turning over control of the subdivision’s water supply to the homeowners association.
The association had already implemented a minimum charge of P10 per cubic meter.
He said several residents reported having yellowish water every morning despite the high cost of water.
Dosado said their situation has gotten worse, as they have also been denied access to the subdivision’s facilities.
He said they initially requested the DSHUD 7 to deploy a technical panel to inspect the subdivision, but the agency did not respond. This prompted them to send another request on Wednesday, he said.
An official from Sunberry Homes Inc., who asked not to be named, said on Friday that management replied to the homeowners association’s letter last November.
The official also clarified that Contempo Property Holdings Inc. is not involved in the Sudtonggan subdivision project.
The official claimed that DSHUD 7 dismissed the case against them because Sunberry management and the homeowners association could not compromise. However, the official could not provide further details, saying their legal department would release an official statement.
Last March, 63 homeowners from the subdivision accused the Sunberry management of charging 2,200 percent more than the Metropolitan Cebu Water District (MCWD) for their water of which supply was allegedly intermittent.
The homeowners also claimed that water from the developer’s private deep well was occasionally murky and contained foreign articles. On the other hand, water from a third-party supplier was safe to use, but it cost more.
Dosado had told SunStar Cebu that Sunberry management failed to tap a steady water supply from MCWD because it did not comply with the standard equipment. To compensate for the shortage, residents were supplied with domestic water from two sources: the developer’s private deep well in the subdivision and a third-party water distributor.
A Sunberry official explained that the developer had no choice but to charge homeowners more because it had to secure clean water from third-party suppliers. The MCWD had informed them that there was no available water supply or source in the area. Sunberry initially supplied residents with water from a deep well, but the water quality was poor, prompting it to seek third-party suppliers.
The management said only 30 percent of the total cost of water sourced from third-party suppliers was billed to the homeowners. It subsidized the 70 percent, including administration fees such as electricity cost during the distribution of water, manpower in charge, and weekly cleaning of the water tank.
The management said the homeowners knew that the subdivision was not connected to MCWD before moving in. However, MCWD later advised them that they could apply for the waterline and apply for temporary bulk meter water.
However, in its letter to the DSHUD 7 last Wednesday, the homeowners said this was not fulfilled due to inadequate and substandard piping systems in the subdivision. As a result, MCWD declined to furnish the developer with water.
The homeowners said Contempo did lower the water rate to P123 per cubic meter, but it still costs more than water in neighboring subdivisions and even upscale real estate developments in Cebu.
Sunberry management allegedly failed to provide a reasonable explanation for the continued high water cost despite the reduced charge.
However, the developer continues to refuse to surrender water management responsibilities to the homeowners association. In response, the homeowners association formally demanded the transfer of water management through a letter and sought intervention from DHSUD for mediation and a mutually beneficial resolution.
During the proceedings, the homeowners said the developer initially agreed to relinquish water management if the homeowners association settled outstanding water bills, which were calculated at P350 and P123 per cubic meter of consumption. The homeowners complied, and settled the entire amount.
But up to now, the developer has failed to hand over water management to the homeowners association.