Las Villas De Valle Verde Condominium Corporation vs. Marissa & Lorraine Castillo

[SEC-SICD * CASE NO. 08-93-4554. April 7, 1994.] LAS VILLAS DE VALLE VERDE CONDOMINIUM CORPORATION , petitioner , vs . MARISSA & LORRAINE CASTILLO , respondents . D E C I S I O N This is a petition for specific performance and damages with prayer for a writ of preliminary prohibitory/mandatory injunction. In support of its petition, petitioner alleges that it is a non-profit corporation pursuant to the provision of R.A. No. 4726, otherwise known as the Condominium Act; that respondents, as its members, have voluntarily and intentionally converted their garage into a living quarter for their driver, an obvious violation of the Deed of Restrictions commonly known as House Rules and Regulations for which it was explicitly provided that garage spaces for all individual units are limited common areas and the Condominium Corporation has exclusive jurisdiction over the same; that it demanded that the garage of respondents must not be converted into a living quarter for their driver or a washing area because the aesthetic value of the condominium building has been affected, and not only that it causes devaluation to the property but also it jeopardized the sanitation of the vicinity, thus, affecting not only the health of its unit owners but as well as everybody in the community; that letters demanding for reversion of the garage converted to a sleeping quarter were written and receipt acknowledged by the respondents but no compliance was made; that, through its Building Administrator, it held a sit-down dialogue with respondents but, to its great surprise, respondents only made its demand and request too difficult to accomplish and they even dared it to do everything for they are not willing to accede to its demand of reversion of the limited common area (garage) to its original use/purpose, claiming that they were misled by the developer in the purchase of their unit, that lack of a living quarter; that it is explicitly provided under Art. VIII, Section 1 of its By-Laws that any member who fails or refuses to comply with any of the limitations, restrictions, covenants or conditions of the Master Deed and Declaration of Restrictions and with the rules and regulations on the use, enjoyment and occupancy of the units or other property in the project, within the time fixed in the notice given to him by the Board of Directors, the board or its duly authorized representative shall have the right to enjoin, abate or remedy the continuance of such breach or violation by approximate legal proceedings; that despite numerous notices, demands and a dialogue with the respondents, there was no compliance from the latter, thus, it was constrained to secure the services of counsel for a fee of P50,000.00 plus P1,000.00 per appearance to file the instant petition so as to abate the unlawful conversion by respondents of the limited common area to a sleeping quarter. On October 13, 1993, upon motion made by petitioner, the respondents herein were declared in default per order issued by this Hearing Officer on the same date. Hearings were conducted on this case ex parte wherein Mr. Augusto Cruz Sr., in support of the petitioner corporation's petition, testified that: he is the president of the petitioner corporation and as such his duty is to ensure that the whole complex is safe, secured, orderly, or in other words a nice place to live in; that respondents are homeowners of the condominium residing in one of its units; that as residents of the condominium, respondents are supposed to follow certain guidelines and rules that had been laid down in accordance with the Condominium Law, like the provision that garage must be used for the sole purpose of keeping cars; that respondents, instead of complying with the same, had converted their garage into a living quarter, storage and washing area, thereby rendering the whole place unsanitary, contrary to good order and it depreciates the value of the property in the area; that several demands, both oral and written, were made by petitioner to respondents for them to restore the garage but to no avail, thus, prompting it to refer the problem first to the Barangay Court for conciliation and later on to its lawyer who filed this instant complaint. LibLex As can be inferred from the pleading of the herein petitioner, the issues to be resolved in this case are the following: 1. Whether or not respondents converted the garage in their condominium unit into a living quarter for their driver, store room and wash room in violation of the Master Deed with Declaration of Restrictions which explicitly provides that garage space for all individual units are limited common area, and; 2. Whether or not petitioner is entitled to recover attorney's fee from respondents? After a careful examination of the herein petitioner's allegations and evidence, this Hearing Officer resolves the aforestated issues as follows: The positive testimony of Mr. Augusto Cruz, Sr., petitioner's president, to the effect that indeed herein respondents converted the garage of their condominium unit into a sleeping quarter of their driver, a washing area and a store room which testimony was duly supported by pictures (Exhibits "A" to "A-2") taken on respondents garage confirming the aforesaid testimony of Mr. Cruz, Sr. and without rebuttal from the respondents compels this Hearing Officer to conclude that indeed herein respondents had converted the garage (a limited common area) of their condominium unit into a sleeping area, wash room and store room in violation of petitioner's Amended Master Deed with Declaration of Restriction. Respondent's act complained of being a violation of the petitioner's Amended Master Deed with Declaration of Restriction, the latter has the right to demand from the former the reversion of their garage (a limited common area) back to its original use/purpose that is a garage and not as a sleeping quarter, wash room and store room. Anent the issue of attorney's fee, for failure of the respondents to refute the same, they being declared in default, the same should be as it is hereby granted. Wherefore, premises considered, judgment is hereby rendered as follows: 1. Ordering the respondents to remove whatever materials in their garage so as to revert it to its original use, that it is a garage and not as a sleeping quarter, washing area and/or store room and; 2. Ordering the respondents to pay petitioner the amount of twenty five thousand (P25,000.00) Pesos as attorney's fee. SO ORDERED. NO COSTS. (SGD.) ROGELIO C. SESCON Hearing Officer