Perla Condominium Corporation vs. Rose Jennifer LL. Feria

[SEC-SICD * CASE NO. 06-98-5989. February 21, 2000.] PERLA CONDOMINIUM CORPORATION , complainant , vs . ROSE JENNIFER LL. FERIA , respondent . D E C I S I O N This is a complaint filed by Perla Condominium Corporation against respondent Rose Jennifer LL. Feria for alleged violation of the Articles of Incorporation and the By-Laws of complainant corporation and Master Deed with Declaration of Restriction with a prayer that respondent be ordered to pay association dues, attorney's fees and cost of litigation. AIHTEa 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 Rose Jennifer LL. Feria is a unit owner of Unit 600 of Perla Condominium Corporation located at 117 Carlos Palanca St., Legaspi Village, Makati City; that as such unit owner, she is a member of the complainant corporation with an obligation to pay association dues and other assessments levied upon her by the complainant in accordance or by virtue of the provisions of the Articles of Incorporation , By-laws of the complainant corporation and the Master Deed with Declaration of Restriction; that as of April 07, 1998, respondent has a standing obligation with the complainant corporation in the amount of Forty Six Thousand Eight Hundred Thirty Two Pesos and Forty Eight Centavos (P46,832.48) per its statement of account; that said amount and/or obligation has been long overdue and despite repeated demands respondent failed and refused to pay said association dues. In her answer, respondent admits being a unit owner at Perla condominium and a member of the Condominium corporation. However, she denied having an unpaid association dues and other assessments with the condominium corporation. During the trial on the merits, only the complainant presented evidence in support of its claim. The respondent failed to present evidence in her behalf, despite due notice of hearings on April 29, 1999 and May 25, 1999. Hence, upon oral motion by the complainant that respondent be deemed to have waived her right to present evidence and for this Commission to consider the instant case as submitted for resolution, then Hearing Officer Atty. Roberto O. Sencio, Jr. issued an Order dated June 4, 1999 granting the complainant's motion. SDTaHc The issue in this case is whether or not the respondent has an obligation to pay association dues and other assessments levied by the complainant corporation. From the evidence adduced by the complainant, the undisputed facts and/or uncontroverted evidence are as follows: 1. Complainant Perla Condominium Corporation is a domestic corporation duly organized and existing under the laws of the Republic of the Philippines, with principal office address at ASB Center, 114 Benavidez Street, Legaspi Village, Makati City. 2. Respondent admitted that she is a unit owner of Unit 600 of Perla Condominium corporation located at 117 Carlos Palanca St., Legaspi Village, Makati City and as evidence by a Contract to Sell and certification of payment issued by ASB Realty Corporation (Annexes "A" and "B" of the complaint) 3. Under complainant's Articles of Incorporation and By-laws (Exhibits "B & C") as well as on the Master Deed with Declaration of Restriction (Exhibit "D") complainant condominium corporation has the authority to collect association dues and other assessments as well as to charge penalties for late payments against members of the Condominium Corporation. 4. Respondent has an outstanding and unpaid association dues and water bills in the amount of P89,480.28 as of April 7, 1999 and respondent failed to pay said amount despite repeated demands for payment. (Exhibits "E" to "E-13", inclusive, and Exhibits "E-13-a" and "E-13-b") Considering these undisputed facts and evidence of complainant which remain uncontroverted, there is no doubt that complainant has the full power and authority to collect association dues and other assessments from its members who are unit owners of the Perla Condominium Corporation. Respondent in the 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 assessments. WHEREFORE, premises considered, judgment is hereby rendered ordering the respondent to pay the complainant the following: 1. The sum of P89,480.28 representing his unpaid association dues and other assessments as of April 7, 1999 plus four percent (4%) interest and penalties until full payment thereof. 2. The sum of 25% of the total amount claimed by way of attorney's fees. SO ORDERED. (SGD.) JAMES K. ABUGAN Hearing Officer