Hi everyone First email of the day for the usual suspects. Good morning Mr Bernie Lopez, Property Manager of this Project, and Director Tan of ENCR HLURB I still peruse the By-Laws for this Project. I quote from Article VIII of such document, with regards to "Abatement of Violations". "Section 1. Compliance with Amended Master Deed. In the event that any member or his tenant or his lessee fails or refuses to comply with any limitation, restriction, covenant or condition of the Amended Master Deed, or with the rules and regulations on the use, enjoyment and/or occupancy of the units or other property in the Project, within the period fixed in the written notice given to him by the Board or its duly authorized representatives, the Corporation shall have the right to enjoin, abate or remedy the continuance of such breach or violation by appropriate legal proceedings" . Again, while this paragraph relates to the unapproved "Amended Master Deed" for this Project, there is no doubt then that there is provision within these By-Laws for the Board of the Corporation here to take action against members who do not comply with the Master Deeds, and with any rule or regulation. If we take this provision and face value, and inspect the "Amended Master Deeds", as dated the 9th May 2003, we have Section 14, Use Limitations. I quote from sub paragraph d "No use or practice shall be permitted within any part of the Project which may be the source of annoyance to occupants therein or which may interfere with the peaceful possession and proper use of the property by the occupants. No immoral, improper or offensive, or unlawful use shall be made of any part of this Project" unquote. I quote from sub paragraph f "All valid laws, ordinances, and regulations of all government bodies having jurisdiction thereof shall be observed and complied with" unquote. On the 20th April 2006, the HLURB, a government agency responsible for the protection of unit buyers and their rights issued the first Cease and Desist Orders for this Project, which stipulated that the developer must stop advertising, stop selling and stop collection of amortization payments from unit buyers of this Project. Such Orders were issued, because the developer was in violation of the laws of this land under Section 5 of PD957: SECTION 5. License to sell. - Such owner or dealer to whom has been issued a registration certificate shall not, however, be authorized to sell any subdivision lot or condominium unit in the registered project unless he shall have first obtained a license to sell the project within two weeks from the registration of such project. In case number GR185491 Julieta E. Bernardo against what are executives of Megaworld Corporation, it is stated, I quote: We emphasize that the owner or dealer of subdivision lots or condominium units must have already obtained a license to sell at the time it disposes or attempts to dispose of the property.26 The subsequent issuance of a license to sell and the invocation of good faith “cannot reach back to erase the offense and extinguish [an accused’s] criminal liability.”27 This is because engaging in such activities is regarded as a crime that is malum prohibitum, one to which criminal intent is immaterial.28 The perpetrators are punished, because the law forbids the mere commission of an act regardless of whether the conduct is inherently immoral or not.29 This statement is from the 2nd Division of the Supreme Court, dated the 11th July 2012. So there is no doubt, that the Supreme Court has stated that is committing a crime in a developer selling without a License to Sell. On the 22nd March 2011, I and other foreigners wrote to the HLURB complaining about this Project, illegal advertising and selling of this Project that was happening on site. I communicated my concerns several times to Mr John Lee, who was then President of The Cambridge Village Condominium Association Inc. He not once replied to my communication. In fact it was the current incumbent Myla Bidding who issued the one and only letter of reply to me in September 2011, copy enclosed. While she maid it quite clear it was not for the Association here to enforce HLURB Cease and Desist Orders, I then replied that it was their duty to ensure the provisions of the Master Deeds and Declaration of Restrictions were implemented and upheld. They were not, and yet we have proof and evidence that a "member" of their Association is in violation of the Master Deeds and Declaration of Restrictions for this Project, and that its and its employees have been committing a crime each and every time they were allowed here on site. While HLURB catered from my complaints, they did no more than inspect this site on several occasions, and confirmed there was illegal advertising and selling going on. I am aware Mr Bernie Lopez, that the HLURB inspecting officer even handed you a copy of one Cease and Desist Order issued for this Project. Yet despite my complaints to both HLURB and to the Association here, not one of you did anything to actually physically stop these crimes being committed. While Director Tan is duty bound within the provisions of law to protect unit buyers, he chose to ally himself with the protection of Empire East Land Holdings Inc. While you Mr Bernie Lopez and the Board of Trustees of The Cambridge Village Condominium Association inc are duty bound to uphold the provisions of the Master Deeds and Declaration of Restrictions and the By-Laws for this Project. You are all to be seen in aiding and abetting the continuation of criminal activities on site. While I will continue to issue complaints and request for action to be taken against the HLURB, who are you Mr Bernie Lopez and the Board of Trustees here to be held accountable to? You are in violation of the By-Laws for this Project which stipulate a procedure of action to be taken against "members" who are non compliant with the Master Deeds and rules and regulations for this Project. You lied to me stating that the Board would write to Empire East Land Holdings Inc. I have seen or heard nothing of the sort. The powers that are bestowed to you and the Board to run and manage this Project have been ignored in preference to allowing crimes to be committed on site. Irrespective that it is not your duty to uphold HLURB Orders, it is your duty to implement and uphold the provisions of all documentation, rules, and regulations pertaining to this Project. With no "written Notice" issued to the developer, then there was no legal action taken against the developer. With no enforcement of the provisions of the Master Deeds, you and the Board of the Association here, allowed for several years the violations of such. If the Board of Trustees had stopped the illegal advertising and selling on site, then unit buyers of this Project, lured into buying into a Project with no License to Sell, would never had set foot on this site. There is no doubt that the failure of the Board of Trustees, and those who have been vested the power and authority to run and manage this site, have conspired to ensure that the buying public, we unit buyers have been deceived, lured and brought onto this site with no protection from the law breaking activities of a developer and its agents. As you are both fully aware, myself, my wife and an American national would see criminal cases filed against us, as we and others, were unhappy in seeing that the Association here and the HLURB would allow the continued violations of a law designed to protect our rights, carry on throughout this site. Again, for you Mr Bernie Lopez, and the Board of Trustees of this Project, such information will be forwarded to the Securities and Exchange Commission. HLURB and the Management Team of this project are duty bound to ensure that the laws of this land are not broken, but instead it would see a conspiracy, as you all allowed it, while in full knowledge it was happening. How can you live in a community and a society under these conditions? PD957 a unit buyers protective decree was to help assist and provide for a "new society", but instead we seem to have more of the same that was here before, a corrupt, law breaking society which is aided and abetted by those who are in a position to do something about it and stop it. Yours sincerely Keith Watkins
Posted on: Wed, 28 Aug 2013 21:53:07 +0000
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