Prince Tower Condominium Corp. v. Pamaran

[SEC-SICD * CASE NO. 05-98-5969. July 6, 1999.] PRINCE TOWER CONDOMINIUM , complainant , vs . FRANCISCO M. PAMARAN , respondent . D E C I S I O N This is a petition filed by Prince Tower Condominium Corporation against respondent Francisco M. Pamaran for alleged violation of Master Deed and Declaration of Restriction and the By-laws Of Complainant Corporation with a prayer that respondent be ordered to pay association dues, attorneys fees and costs of litigation. LLjur Complainant alleges, among others, that it is a domestic corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines with principal office at ASB Center, 114 Benavidez St., Legaspi Village, Makati City; that respondent Francisco M. Pamaran, Jr. is a unit owner of Unit P-6 of Prince Tower Condominium located at Tordesillas corner Bautista St., Salcedo Village, Makati City; that as such unit owner he is a member of the complainant corporation with obligation to observe and follow the Master Deeds and Declaration of Restriction and By-laws of the complainant corporation particularly on the provision that all unit owners of the condominium project shall pay association dues and other assessment levied upon unit owners, and that despite repeated demand respondent failed and refused to pay said association dues. Despite valid service of summons and copy of the complaint, respondent failed to file his answer. Upon motion, respondent was declared in default in the Order of this Honorable Commission dated November 18, 1998 and on the same Order complainant was directed to present evidence ex-parte. During the hearing, complainant presented testimonial and documentary evidence. The only issue in this case is whether or not respondent is duty bound to pay association dues and other assessment levied upon him by complainant Prince Tower Condominium. From the evidence adduced by the complainant, the undisputed facts and/or uncontroverted evidence are as follows: 1. Complainant Prince Tower Condominium Corporation, Inc. is a domestic corporation duly organized and registered under the laws of the Republic of the Philippines with principal office address at ASB Center, 114 Benavidez St., Legaspi Village, Makati City. 2. Respondent Francisco M. Pamaran is a registered unit owner, Unit P-6 of Prince Tower Condominium as evidenced by Condominium Certificate of Title No. 12009; (Exh."B"). 3. Complainant Condominium Corporation has the authority to levy and collect assessments and penalties against owners of Condominium projects (Exh. "C" By-laws; Exh. "E" Master Deed with Declaration of Restriction of ASB Realty, Corp., "Exh. "D" Articles of Incorporation). CASaEc Complainant likewise presented testimonial evidence in the persons of Ms. Delia Hernandez, junior supervisor of ASB Realty Corporation, and in charge of monitoring association dues for the Prince Tower Condominium and Rhodora Vicencio, Building Administrator of Prince Tower Condominium. Both witnesses testified that respondent Francisco Pamaran had a standing obligation to the complainant by way of association dues in the amount of P48,481.09 as of December 17, 1998 and that despite receipt of the demand letter of complainant by respondent, respondent failed and refused to settle and pay his unpaid dues (Exh. "A" affidavit of Vicencio, Exh. "F" affidavit of Hernandez, Exhs. "G" and "H" Statements of Accounts of respondent). Considering these undisputed facts and evidence of complainant which remain to be uncontroverted, there is no doubt that complainant has the full power and authority to collect association dues and other assessment from its members who are unit owners of the Prince Tower Condominium. Respondent in this instant case, who is a unit owner and has been shown to have unpaid association dues should comply with his legitimate obligation with the complainant by paying his unpaid association dues and other assessment. WHEREFORE, premises considered, judgment is hereby rendered ordering the respondent to pay the complainant the following: 1. the sum of P48,486.08 representing his unpaid Asso. dues as of December 17, 1998 plus 4% interest and penalty until full payment thereof. 2. the sum of 25% of the total claim by way of attorneys fees. T SO ORDERED. (SGD.) JAMES K. ABUGAN Hearing Officer