PRINCE Tower Condominium, Inc. vs. Francisco Pamaran

[SEC-SICD * CASE NO. 10-97-5774. June 14, 1999.] PRINCE TOWER CONDOMINIUM, INC. , complainant , vs . FRANCISCO PAMARAN , respondent . D E C I S I O N This is a complaint for the collection of association dues and other assessments filed by Prince Tower Condominium, Inc. ("Condominium" for brevity) against Francisco M. Pamaran. Complainant is a non-stock non-profit corporation with principal office at ASB Center, 114 Benavidez St., Legaspi Village, Makati City. The records show that summons was validly served upon respondent herein on October 9, 1997. DEICaA Respondent filed his answer on October 21, 1997 and the preliminary conference of the instant case was set accordingly on November 18, 1997. However, the preliminary conference was, on more than one occasion, continually reset for the purpose of the possible amicable settlement of the parties-litigants herein, until it was set intransferrably on April 98, 1998. For respondent's failure to appear at the said date, complainant moved that he (respondent) be declared as in default; which motion, was granted in an Order dated April 29, 1998 and which Order allowed complainant to present their evidence ex-parte. The said resolution became final when respondent did not file any motion for reconsideration. In respondent's answer, it is admitted that he is the owner of Unit P-7 of Prince Tower Condominium located at Tordesillas corner Bautista Streets, Salcedo Village, Makati City and as a consequence thereof is a member of the complainant corporation. Ownership is likewise shown by complainant's exhibits "A" to "A-3." Assessments were thus made upon respondent herein in accordance with the articles of incorporation, by-laws and Master Deed of the Condominium (Exhs. "B" to "B-4", "B-2-a", "C" to "C-11", "C-8-a", "D" to "D-21" and "D-12-a"). All of these assessments and the resultant penalties for non-payment or late payment were for the purpose of "establishing and maintaining a special fund for capital expenditures on the common areas of the project including the cost of extraordinary repair, reconstruction or restoration necessitated by damage, depreciation, obsolescence or addition thereto authorized in accordance with Article V hereof." (Exh. "C-8-a") That being the case, the total obligation of respondent herein according to his Statement of Account amounted already to SEVENTY-SEVEN THOUSAND EIGHT HUNDRED EIGHTY-FIVE PESOS and SEVENTY-TWO CENTAVOS (P77,885.72) covering the period January 5, 1994 to June 5, 1998 (Exhs. "E" to "E-10" and "E-10-A"). This obligation by way of association dues was testified to and documents presented therefor (Exhs. "E" to "E-10") were identified by Ms. Rhodora Vicencio and Ms. Delia Hernandez on May 21, 1998; whose duties include that of monitoring and collecting such dues from unit owners of the Condominium. Testimony was also given, that despite demand respondent has failed and continually fails to pay this outstanding obligation. The lone issue, therefore, to be resolved is whether or not respondent is liable for this obligation and/or the obligation to pay assessments to the Condominium. This Office rules in the affirmative. As purchaser, and while his name stands as the owner of the unit, respondent became subject to the terms and conditions of the complainant's articles of incorporation, by-laws and master deed in the exercise of his rights and interests in the unit so purchased. His property rights are likewise laden with obligations spelled out in the abovementioned documents, as well as, the fact that the Condominium Act (R.A. 4726) authorizes the condominium corporation to impose penalties which are reasonable upon members thereof. Thus, upon purchasing the unit, without force, intimidation or sleight of hand being, exercised upon him and while his name stands as the owner thereof, respondent freely consented to assume the obligations and risks that go with the privilege of being a condominium unit owner particularly of being one in Prince Tower Condominium, Inc. This Office has no other function than to remind him of such fact and to enforce the same should he fail in his obligations and duties. WHEREFORE, for the foregoing considerations, JUDGMENT is hereby rendered against the respondent DIRECTING him: 1. To pay complainant the sum of SEVENTY-SEVEN THOUSAND EIGHT HUNDRED EIGHTY-FIVE PESOS and SEVENTY-TWO CENTAVOS (P77,885.72) covering the period January 5, 1994 to June 5, 1998 with the corresponding penalty of FOUR PERCENT (4%) per month should non-payment thereof still exist, plus whatever monthly association dues and relative sum which may accrue until full payment thereof, in accordance with the Master Deed, Articles of Incorporation and By-laws of complainant corporation; and, 2. To pay the sum of TWENTY-FIVE THOUSAND PESOS (P25,000.00) to complainant as and by way of Attorney's Fees. No pronouncement as to costs. prcd SO ORDERED. (SGD.) S. ROBERTO O. SENCIO, JR. Hearing Officer