Las Villas De Valle Verde Condominium Corporation vs. Mr. & Mrs. Robert Uy

[SEC-SICD * CASE NO. 10-93-4592. January 20, 1999.] LAS VILLAS DE VALLE VERDE CONDOMINIUM CORPORATION , plaintiff, vs . MR. & MRS. ROBERT UY , defendants . D E C I S I O N This is a petition for specific performance with damages filed by Las Villas De Valle Verde Condominium Corporation against the spouses Robert and Agnes Uy. Plaintiff is a non-stock, non-profit corporation with offices at Kaimito St., Bo. Ugong, Pasig City. Defendants are members of Plaintiff's condominium corporation, being owners of a unit located at #2 Barcelona II, Las Villas de Valle Verde, Kaimito St., Pasig City. Plaintiff alleges that defendants voluntarily enclosed their garage with block metal sheets and converted the same into a repair shop and bodega for stockpiling rice, a blatant violation of the Deed of Restrictions, known as House Rules and Regulations which clearly delineates that the garage spaces for all individual units are limited common areas and the condominium corporation has exclusive jurisdiction over the same; that they also installed an oversized cabinet inside the garage and likewise converted the lanai into a kitchen and utility area. Petitioner prays that after hearing, judgment be rendered ordering defendants to remove whatever materials in the limited common area particularly the metal sheet enclosures in the garage and lanai, so as to revert them to their original use, and to reduce the height of the garage cabinet to the dimensions normally approved by the administration. Defendants in their Answer with Counterclaim and Opposition to the application for preliminary injunction denied all the allegations, but raised affirmative allegations and defense that the spouses Robert and Agnes Uy has long been separated "de facto" and living separately; that Agnes Uy has long been a resident of Antipolo, Rizal while Robert Uy runs all electronic service center in partnership with businessman Manuel Manguerra inside Las Villas de Valle Verde Subdivision; that the condominium unit is owned and bought from the exclusive fund of defendant Agnes Uy and rented out to Manuel Manguerra and defendant Robert Uy, the latter living and holding his office inside the unit, As special and affirmative defenses, defendants contend that the plaintiff, being a corporation, should be authorized by the Board of Directors to file the action; that the complaint is not even verified by the President or any person duly authorized by a Board Resolution, hence, the complaint must fail; that the present action cannot be successfully fought against defendant Agnes Uy who has long been residing in Antipolo and knew nothing of such alleged violation; assuming arguendo, that Robert Uy had installed oversized cabinet, therefore, an exact size is allowed which the rules fail to define; and assuming without admitting, that all the alleged violations are true, they are considered to have been waived as almost all of the unit owners in the Las Villas de Valle Verde Subdivision have committed the same kind of violations, as shown by the machine copies of pictures of several condominium units. The affirmative defenses were denied for failure of respondents to prosecute the same, per Order of the former Hearing Officer dated March 11, 1994; After consideration of all the evidence presented/adduced during the hearing, both oral and documentary, the issue boils down as to whether or not respondent violated the House Rules and Regulations (Master Deed of Restrictions) of the Petitioner Corporation Relatively, Article VIII, Section 1 of the By-Laws of the corporation provides: "In the event that any member or his tenant or lessee fails or refuses to comply with any limitation, restriction, covenant or condition of the Master Deed and Declaration of Restrictions or with the rules and regulations on the use, enjoyment and occupancy of the units or other property, within the time fixed in the notice given to him by the Board of Directors, the Board or its duly authorized representatives, shall have the right to enjoin, abate or remedy the continuance of such breach or violation by appropriate legal proceedings." Respondent Robert Uy admitted in open court that he lives in the unit, uses it as residence and for business of transporting rice and as service center, not exclusively for residential purposes However, he raised the defense that, assuming gratia arguenti, that the alleged violations are true, they are already considered waived as almost all of the unit owners in Las Villas de Valle Verde Subdivision have committed the same kind of violation like conversion of the garage into living room or dining room, covering the garage with venetian blind, screen and block GI sheets and using their units Respondent Robert Uy has been alluding that the administration is harassing him But Petitioner counters that all the opportunities were given to respondents to rectify the violations but they totally ignored the notices sent to them. prLL Undoubtedly, respondents violated the House Rules of the subdivision. The condominium through its Board of Directors is empowered to enjoin or abate the continuance of such violation Wherefore, premises considered, judgment is hereby rendered: (a) ordering respondents to remove whatever materials in the limited common area, particularly metal sheet enclosures in the garage and lanai movable partitions so as to revert them to their original use, that is a garage and never a repair shop/bodega for rice and also a lanai back area and not a kitchen and utility area; and (b) directing defendants to reduce the height of the garage cabinet to the dimensions normally approved by the administration. No pronouncement as to costs The claim for damages was not proven during the hearings of the case. SO ORDERED (SGD.) ROSITA R. GUERRERO Hearing Officer