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The Legal Side of Real Estate


rickyv

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Check first all the contracts/agreements you signed with the developer. Verify any provisions therein which will justify them to withhold the release of the tct. Even the technical description you're looking for may be indicated in any of those contract/agreements.

 

Of course, you could compel them to deliver to you the tct through legal actions.

 

Thanks for the quick reply Atty. Swami! Will call them in a few sec...

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Good afternoon maestros!

 

I bought a subdivision lot in Bulacan developed by a 'big player' when it comes to real estate. It was fully paid as of last year pa, and was constantly asking the developer via phone for the title (TCT right?). I'm aware of the fee that I need to pay (around 40T plus; CGT right?). They sad the title is not ready because it was still not released by some person/company, and I thought the title should directly come from them since they are the developer. Anyway my questions are:

 

(1) Is there a legal basis for demanding for the TCT which you have fully paid (since last year)? Can I threat them with legal actions?

(2) Does the purchase comes with a drawn survey with technical description of the subdivision lot? I assume it does, but to make sure, I'll take your advise on this one.

 

By the way, I cannot accept an excuse by the developer that all other purchased lot titles has not been released, because I recently visited the subdivision and there are about 5 finished and 10 or more on-going construction. Thanks in advance for your expert advise and hope to see these familiar names in the Clubs/KTV forums! B)

 

File a complaint with the Housing and Land Use Regulatory Board (HLURB) which issues licenses for real estate developers and can revoke the license of the 'big player' if they cannot deliver the TCT upon full payment. BTW, just because some owners have started builidng houses on lots doesn't mean that they have already been given their TCT. They may be in the same boat as you are.

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Mga Bossing hingi lang advice. my problem kasi sister ko regarding condo unit she bought but still installment ang payment nya. naka 6 months na sya ng payment. the problem is hindi sya na well inform regarding division wall ng mga units na gagamitin ay gypsum board bago nya ito kinuha. ang pagkakaalam nya pag condo unit concrete wall ang division ng bawat unit. Pina stop na nya ang payment. Ayaw daw irefund ang mga nahulog nya.

 

Saan ba sya dapat magcomplain? o kelangan na nya ng real state lawyer? Please help naman.

 

Isa pa pong situation... Un neighbor ko nag pa secondfloor naapektuhan ang bahay ko kasi magkadikit un firewall po namin. nagtutuluan sa loob ng bahay ko pag naulan. pinagawa naman po nya. kaya lang after 7months umulan naman ganun pa rin ang nagyari so para wlang gulo ako na lang nag magpapagawa. kaya lang po ng ipaalam ko sa kanila na babaguhin ko yung flashing na ginawa nila dahil mali po ang pagkakagawa gusto nila i black and white na pag my nasira sa wall nila ay kami nag magpapagawa.

 

Dapat ko po ba na sangayunan sila? samantalang sila ang nakaperwisyo sa akin? dapt ko pa bang idulog ito sa city engineer? Pleas help naman po. TIA!

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File a complaint with the Housing and Land Use Regulatory Board (HLURB) which issues licenses for real estate developers and can revoke the license of the 'big player' if they cannot deliver the TCT upon full payment. BTW, just because some owners have started builidng houses on lots doesn't mean that they have already been given their TCT. They may be in the same boat as you are.

 

 

Great advise Dr_PepPeR! I was informed that my title was, and I qoute, "assigned to the bank". Was asking them what it means, but the customer service assistant on the other line just kept telling me that it was assigned to the bank. In the end they were asking for 3 more weeks so they may finally pull out my title from that 'bank'.

 

Perhaps the lot owners who were able to commence/finish their houses in the subdivision proceed with their construction on a cash-basis (direct from their pockets). If I'm not mistaken, this way you actually do'nt have to procure the title, as long as the developer acknowledges your ownership (perhaps via the passbook which shows the lot is fully paid), so there is no denying them of the construction proceedings. Lucky for them they are financially capable. I, on the other hand, will have to apply for a loan from PAG-IBIG to have my dreamhouse constructed. It is a requirement that the PAG-IBIG memeber applying for the loan has the lot title. :cry:

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Great advise Dr_PepPeR! I was informed that my title was, and I qoute, "assigned to the bank". Was asking them what it means, but the customer service assistant on the other line just kept telling me that it was assigned to the bank. In the end they were asking for 3 more weeks so they may finally pull out my title from that 'bank'.

 

"Assigned to the bank" means it was still mortgaged with the bank, to secure the loan the developer obtained from the bank.

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Great advise Dr_PepPeR! I was informed that my title was, and I qoute, "assigned to the bank". Was asking them what it means, but the customer service assistant on the other line just kept telling me that it was assigned to the bank. In the end they were asking for 3 more weeks so they may finally pull out my title from that 'bank'.

 

"Assigned to the bank" means it was still mortgaged with the bank, to secure the loan the developer obtained from the bank.

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Mga Bossing hingi lang advice. my problem kasi sister ko regarding condo unit she bought but still installment ang payment nya. naka 6 months na sya ng payment. the problem is hindi sya na well inform regarding division wall ng mga units na gagamitin ay gypsum board bago nya ito kinuha. ang pagkakaalam nya pag condo unit concrete wall ang division ng bawat unit. Pina stop na nya ang payment. Ayaw daw irefund ang mga nahulog nya.

 

Saan ba sya dapat magcomplain? o kelangan na nya ng real state lawyer? Please help naman.

What does her contract of sale state? What developer? You can complain to the HLURB (look at http://www.hlurb.gov.ph for more information) about this. Normally a condominium unit should be using concrete walls to separate it from other units, however interior walls may be constructed using gypsum boards.

 

Isa pa pong situation... Un neighbor ko nag pa secondfloor naapektuhan ang bahay ko kasi magkadikit un firewall po namin. nagtutuluan sa loob ng bahay ko pag naulan. pinagawa naman po nya. kaya lang after 7months umulan naman ganun pa rin ang nagyari so para wlang gulo ako na lang nag magpapagawa. kaya lang po ng ipaalam ko sa kanila na babaguhin ko yung flashing na ginawa nila dahil mali po ang pagkakagawa gusto nila i black and white na pag my nasira sa wall nila ay kami nag magpapagawa.

 

Dapat ko po ba na sangayunan sila? samantalang sila ang nakaperwisyo sa akin? dapt ko pa bang idulog ito sa city engineer? Pleas help naman po. TIA!

In the first place, you should have a space between the firewall and your house and between the firewall and his house, you can complain, but both of you are in violation of the safety regulations imposed by most city ordinances. My advise is to come to some sort of agreement, better yet, build up as well then let your gutter drip unto his.

 

Now if you really want to avoid the flooding, check where his gutter drains out to. If its on your roof, that could be the cause of the problem, alternatively it could be that his gutter overflows because its too shallow or it is clogged by leaves and trash.

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Thnaks sir Swami. Am I in trouble? Is the mortgage a valid excuse in not handing over the lot title to me? Can I still bring this up to the HLURB?
I'm sorry to cut in, but no, if you are fully paid up, the developer should hand you the title within 10 working days. Complain to the HLURB.
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Great advise Dr_PepPeR! I was informed that my title was, and I qoute, "assigned to the bank". Was asking them what it means, but the customer service assistant on the other line just kept telling me that it was assigned to the bank. In the end they were asking for 3 more weeks so they may finally pull out my title from that 'bank'.

 

Perhaps the lot owners who were able to commence/finish their houses in the subdivision proceed with their construction on a cash-basis (direct from their pockets). If I'm not mistaken, this way you actually do'nt have to procure the title, as long as the developer acknowledges your ownership (perhaps via the passbook which shows the lot is fully paid), so there is no denying them of the construction proceedings. Lucky for them they are financially capable. I, on the other hand, will have to apply for a loan from PAG-IBIG to have my dreamhouse constructed. It is a requirement that the PAG-IBIG memeber applying for the loan has the lot title. :cry:

 

 

"Assigned to the bank" means it was still mortgaged with the bank, to secure the loan the developer obtained from the bank.

 

 

Thnaks sir Swami. Am I in trouble? Is the mortgage a valid excuse in not handing over the lot title to me? Can I still bring this up to the HLURB?

 

 

I'm sorry to cut in, but no, if you are fully paid up, the developer should hand you the title within 10 working days. Complain to the HLURB.

 

Before a mortgage can be registered for undeveloped subdivision or condominium lots, the bank is required to sign an undertaking that they will release the title from the mortgage if the buyer has already paid in full. As SINless has advised, the best way is to write a complaint to the HLURB.

 

Great advise Dr_PepPeR! I was informed that my title was, and I qoute, "assigned to the bank". Was asking them what it means, but the customer service assistant on the other line just kept telling me that it was assigned to the bank. In the end they were asking for 3 more weeks so they may finally pull out my title from that 'bank'.

 

Perhaps the lot owners who were able to commence/finish their houses in the subdivision proceed with their construction on a cash-basis (direct from their pockets). If I'm not mistaken, this way you actually do'nt have to procure the title, as long as the developer acknowledges your ownership (perhaps via the passbook which shows the lot is fully paid), so there is no denying them of the construction proceedings. Lucky for them they are financially capable. I, on the other hand, will have to apply for a loan from PAG-IBIG to have my dreamhouse constructed. It is a requirement that the PAG-IBIG memeber applying for the loan has the lot title. :cry:

 

 

"Assigned to the bank" means it was still mortgaged with the bank, to secure the loan the developer obtained from the bank.

 

 

Thnaks sir Swami. Am I in trouble? Is the mortgage a valid excuse in not handing over the lot title to me? Can I still bring this up to the HLURB?

 

 

I'm sorry to cut in, but no, if you are fully paid up, the developer should hand you the title within 10 working days. Complain to the HLURB.

 

Before a mortgage can be registered for undeveloped subdivision or condominium lots, the bank is required to sign an undertaking that they will release the title from the mortgage if the buyer has already paid in full. As SINless has advised, the best way is to write a complaint to the HLURB.

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Great advise Dr_PepPeR! I was informed that my title was, and I qoute, "assigned to the bank". Was asking them what it means, but the customer service assistant on the other line just kept telling me that it was assigned to the bank. In the end they were asking for 3 more weeks so they may finally pull out my title from that 'bank'.

 

Perhaps the lot owners who were able to commence/finish their houses in the subdivision proceed with their construction on a cash-basis (direct from their pockets). If I'm not mistaken, this way you actually do'nt have to procure the title, as long as the developer acknowledges your ownership (perhaps via the passbook which shows the lot is fully paid), so there is no denying them of the construction proceedings. Lucky for them they are financially capable. I, on the other hand, will have to apply for a loan from PAG-IBIG to have my dreamhouse constructed. It is a requirement that the PAG-IBIG memeber applying for the loan has the lot title. :cry:

 

 

"Assigned to the bank" means it was still mortgaged with the bank, to secure the loan the developer obtained from the bank.

 

 

Thnaks sir Swami. Am I in trouble? Is the mortgage a valid excuse in not handing over the lot title to me? Can I still bring this up to the HLURB?

 

 

I'm sorry to cut in, but no, if you are fully paid up, the developer should hand you the title within 10 working days. Complain to the HLURB.

 

Before a mortgage can be registered for undeveloped subdivision or condominium lots, the bank is required to sign an undertaking that they will release the title from the mortgage if the buyer has already paid in full. As SINless has advised, the best way is to write a complaint to the HLURB.

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Tanong ko lang ganito sitwasyon. Me binibili akong lot malinis naman title kaso yung me ari na nakalagay sa TCT nasa US. Father niya ang kausap ko. Kung magexecute kami ng deed of sale pwede bang signatory ang father on behalf of the daughter basta merong special power of attorney. Baka kasi maging issue pag sa pagtransfer na ng title sa name ko. Need advise of experts

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Tanong ko lang ganito sitwasyon. Me binibili akong lot malinis naman title kaso yung me ari na nakalagay sa TCT nasa US. Father niya ang kausap ko. Kung magexecute kami ng deed of sale pwede bang signatory ang father on behalf of the daughter basta merong special power of attorney. Baka kasi maging issue pag sa pagtransfer na ng title sa name ko. Need advise of experts

 

The owner needs to execute an SPA duly notarized in the US and witnessed by the Philippine Consul there. Also I'd double check not just the title but also the tax declaration and the tax clearance if I were you. Hope this helps.

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I'm sorry to cut in, but no, if you are fully paid up, the developer should hand you the title within 10 working days. Complain to the HLURB.

 

Thanks so much Master Sinful (sorry if it's a private pun with your clubmates; it seems the name was being used significantly more frequent than your actual handle name :unsure: )! They set a deadline, and should I hear another excuse, then I'll proceed with the legal means.

 

Before a mortgage can be registered for undeveloped subdivision or condominium lots, the bank is required to sign an undertaking that they will release the title from the mortgage if the buyer has already paid in full. As SINless has advised, the best way is to write a complaint to the HLURB.

 

Copy that Dr. PepPeR! :thumbsupsmiley:

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Thanks so much Master Sinful (sorry if it's a private pun with your clubmates; it seems the name was being used significantly more frequent than your actual handle name :unsure: )! They set a deadline, and should I hear another excuse, then I'll proceed with the legal means.
LOL, that's because they are all SIN-FULL people, they should emulate the SINless one. That deadline is a bunch of hooey, report them to the HLURB already and have them penalized.

 

Copy that Dr. PepPeR! :thumbsupsmiley:
Dr_PepPeR is my IDOL!!!
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LOL, that's because they are all SIN-FULL people, they should emulate the SINless one. That deadline is a bunch of hooey, report them to the HLURB already and have them penalized.

 

Dr_PepPeR is my IDOL!!!

 

I concur. File a complaint with the HLURB. Teach them a lesson.

 

@Dr. Pepper: You said in one of your posts that you're not a lawyer? But you're very familiar with real estate law huh. That's great.

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I concur. File a complaint with the HLURB. Teach them a lesson.

 

@Dr. Pepper: You said in one of your posts that you're not a lawyer? But you're very familiar with real estate law huh. That's great.

 

Sir, I am indeed a lawyer, or at least I was, until Atty. Myrna Feliciano, who was one of my teachers, bless her little black heart, came up with the MCLE.

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In the first place, you should have a space between the firewall and your house and between the firewall and his house, you can complain, but both of you are in violation of the safety regulations imposed by most city ordinances. My advise is to come to some sort of agreement, better yet, build up as well then let your gutter drip unto his.

 

Now if you really want to avoid the flooding, check where his gutter drains out to. If its on your roof, that could be the cause of the problem, alternatively it could be that his gutter overflows because its too shallow or it is clogged by leaves and trash.

 

Sir I bought the house single attached with a firewall and my neighbor built besides mine. I dont think I have a violation about that. Could you clarify this sir? Thank you po.

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Au contraire, I merely bask in your shadow.
That's just like saying that the Sun basks in the light of a single matchstick my maester. :blink:

Sir I bought the house single attached with a firewall and my neighbor built besides mine. I dont think I have a violation about that. Could you clarify this sir? Thank you po.
Is it a townhouse type residence then? If it is and your neighbor built up a 2nd floor, did he bother getting a permit from the city engineer? He could be overstressing the support given by the firewall ... perhaps you should check with the city engineer's office ... oh and maybe the city assessor's office too.

 

A probable cause for the flooding is that his gutter drainage may be overflowing unto your roof, have an engineer take a look.

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Sir, I am indeed a lawyer, or at least I was, until Atty. Myrna Feliciano, who was one of my teachers, bless her little black heart, came up with the MCLE.

 

Haha. yeah, i understand. Damn that MCLE! It's a freaking scam organized by retired justices so they could fleece their fellow sharks, err, colleagues in the legal profession. :thumbsdownsmiley:

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I badly need your opinion on this situation. I hope you can enlighten me what to do.

 

Sa isang socialized housing ng government sa Tondo, may isang "subdivision" under the CMP na approved na ang subdivision plan noon pang 2005.

Sabi ng NHA, matagal na dapat na-implement ang plano. Pero sa level ng HOA, wala pang directives as of August 11, 2009 para gumalaw ang mga miyembro kasi wala naman pang naging konsultasyon sa pagitan ng Board of Directors at iba pang miyembro.

 

Tapos may isang miyembro na "gumalaw" para ma-implement sa kanyang bahagi ang mapa na wala pang directive from the HOA. Nagharap sa baragay yung gumalaw at yung direktang apektado sa paggalaw. Ang rason nung gumalaw o umusog ay dahil sakop niya ang area na iyon. Ang tanong na lang eh kung may directive from the HOA. Dahil walang naipakita ang taong iyon, nag-set ng panibagong meeting. Na-invite ang presidente ng asosasyon. During the meeting, may binasa ang president na isang Board Resolution na nagsasabi na pwede nang gumalaw. Pero resolution na iyon ay ginawa lamang nila a day bago nungpagharap niya sa barangay. (Question: May offense ba ang presidente or ang board of directors sa aspetong ito?)

 

Sa meeting na iyon, napagkasunduan na since base sa mapa ang paggalaw ng isang member kahit wala pang directive o consultation from HOA members, nagsabi ang presidente pwede na ring buksan na rin lang ang totoong daan nung apektadong miyembro. August 21 naganap ang kasunduan. Nagsabi na rin at pinayagan ng presidente na buksan na ng apektadong miyembro ang pader niyang gagawing pinto para sa main access niya.

Ang access niya ay may lapad lamang na 1.2 meters at may kahati pa siya ditong isang member na katabing bahay.. (Question: Di po ba substandard ang sukat ng footpath since sa BP 220, ang minimum ay 2 meters dapat. Pwede pa po bang i-contest ito kahit approved na ang subdivision plan?)

 

Naipagawa na po ang pinto pero yung bahay sa likod ay nakaharang pa rin ang pader ng tinayo nilang make shift dun sa footpath. base sa napag-usapan with the president noong August 21, naipatanggal na ito. (Question: May offense po ba ang presidente sa aspetong ito?

 

Nagkaroon po ulit ng pag-uusap sa kasama ang nakatira sa likod, ang apektadong miyembro, pati some officers ng asosasyon. INvited din ang dating officer ng asosasyon na nakaupo nung time na ginagawa pa lang ang mapa. Yung dating officer pinatunayan na ang footpath na iyon ay access lamang nung dalawang miyembro. at ang daan nung miyembrong nasa likod ay hindi sa gilid pero sa harap facing the "main road" which measures 2-meter wide. Ang lot nung miyembro sa likod ayun sa mapa ay isang corner lot. may footpath sa magkabilang gilid niya which both measure 1.20 meters.

Sa kabilang footpath, two members lang din ang may access ayon sa mapa.

 

Sa pinakahuling hearing, biglag nagdesisyon ang board of directors na pwedeng magpinto ang nakatira sa likod kasi corner lot daw ito. at ayon daw sa abogado, nasa kamay ng board of directors ang decision. since ang footpath ay binabayaran ng asosasyon at hindi pag-aari ng sinuman. (Question

mas concern pa po ba ito kung ang pagkakaroon ng pangatlong member na dadaan sa footpath ay isang fire hazard na? at allowed ba na ang isang socialized housing member ay mayroong mahigit sa isa na magkaibang pinto? Magkaiba kasi yung sa main access nila sa harap ang daan ay yung mismong member ng asosasyon, samantalang yung dadaan at makikihati pa ng access sa dalawang members ay anak lang ng member?)

 

Sa kabilang asosasyon, nagpatunay ang presidente na hindi nila allowed na ang member ay may dalawang pinto pa. sa katulad na kaso, ang advice nila sa kanilang miyembro ay magbigay ng daan sa loob ng bahay o sa nasasakupan nila palabas sa kanilang main access at hindi sa gilid ng bahay o panibagong pinto pa.

 

pasensya na po kung mahaba ah....

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As much as I'd like to help, I got lost in the translation somewhere, could you please repost that in English?

 

I badly need your opinion on this situation. I hope you can enlighten me what to do.

 

Sa isang socialized housing ng government sa Tondo, may isang "subdivision" under the CMP na approved na ang subdivision plan noon pang 2005.

Sabi ng NHA, matagal na dapat na-implement ang plano. Pero sa level ng HOA, wala pang directives as of August 11, 2009 para gumalaw ang mga miyembro kasi wala naman pang naging konsultasyon sa pagitan ng Board of Directors at iba pang miyembro.

 

Tapos may isang miyembro na "gumalaw" para ma-implement sa kanyang bahagi ang mapa na wala pang directive from the HOA. Nagharap sa baragay yung gumalaw at yung direktang apektado sa paggalaw. Ang rason nung gumalaw o umusog ay dahil sakop niya ang area na iyon. Ang tanong na lang eh kung may directive from the HOA. Dahil walang naipakita ang taong iyon, nag-set ng panibagong meeting. Na-invite ang presidente ng asosasyon. During the meeting, may binasa ang president na isang Board Resolution na nagsasabi na pwede nang gumalaw. Pero resolution na iyon ay ginawa lamang nila a day bago nungpagharap niya sa barangay. (Question: May offense ba ang presidente or ang board of directors sa aspetong ito?)

 

Sa meeting na iyon, napagkasunduan na since base sa mapa ang paggalaw ng isang member kahit wala pang directive o consultation from HOA members, nagsabi ang presidente pwede na ring buksan na rin lang ang totoong daan nung apektadong miyembro. August 21 naganap ang kasunduan. Nagsabi na rin at pinayagan ng presidente na buksan na ng apektadong miyembro ang pader niyang gagawing pinto para sa main access niya.

Ang access niya ay may lapad lamang na 1.2 meters at may kahati pa siya ditong isang member na katabing bahay.. (Question: Di po ba substandard ang sukat ng footpath since sa BP 220, ang minimum ay 2 meters dapat. Pwede pa po bang i-contest ito kahit approved na ang subdivision plan?)

 

Naipagawa na po ang pinto pero yung bahay sa likod ay nakaharang pa rin ang pader ng tinayo nilang make shift dun sa footpath. base sa napag-usapan with the president noong August 21, naipatanggal na ito. (Question: May offense po ba ang presidente sa aspetong ito?

 

Nagkaroon po ulit ng pag-uusap sa kasama ang nakatira sa likod, ang apektadong miyembro, pati some officers ng asosasyon. INvited din ang dating officer ng asosasyon na nakaupo nung time na ginagawa pa lang ang mapa. Yung dating officer pinatunayan na ang footpath na iyon ay access lamang nung dalawang miyembro. at ang daan nung miyembrong nasa likod ay hindi sa gilid pero sa harap facing the "main road" which measures 2-meter wide. Ang lot nung miyembro sa likod ayun sa mapa ay isang corner lot. may footpath sa magkabilang gilid niya which both measure 1.20 meters.

Sa kabilang footpath, two members lang din ang may access ayon sa mapa.

 

Sa pinakahuling hearing, biglag nagdesisyon ang board of directors na pwedeng magpinto ang nakatira sa likod kasi corner lot daw ito. at ayon daw sa abogado, nasa kamay ng board of directors ang decision. since ang footpath ay binabayaran ng asosasyon at hindi pag-aari ng sinuman. (Question

mas concern pa po ba ito kung ang pagkakaroon ng pangatlong member na dadaan sa footpath ay isang fire hazard na? at allowed ba na ang isang socialized housing member ay mayroong mahigit sa isa na magkaibang pinto? Magkaiba kasi yung sa main access nila sa harap ang daan ay yung mismong member ng asosasyon, samantalang yung dadaan at makikihati pa ng access sa dalawang members ay anak lang ng member?)

 

Sa kabilang asosasyon, nagpatunay ang presidente na hindi nila allowed na ang member ay may dalawang pinto pa. sa katulad na kaso, ang advice nila sa kanilang miyembro ay magbigay ng daan sa loob ng bahay o sa nasasakupan nila palabas sa kanilang main access at hindi sa gilid ng bahay o panibagong pinto pa.

 

pasensya na po kung mahaba ah....

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