First Marbella Condominium Association, Inc. v. Marbella Condominium Corp.

[SEC-SICD * CASE NO. 4392. March 7, 1994.] FIRST MARBELLA CONDOMINIUM ASSOCIATION, INC. , complainant , vs . MARBELLA CONDOMINIUM CORP. , respondent . D E C I S I O N This is a complaint to compel or order respondent to pay complainant unpaid assessments, consisting of association dues, electricity and water charges, common area electrical costs, and other miscellaneous expenses and charges, which as of January 27, 1993, amounted to P487,449.41; P30,000.00 attorney's fees and P15,000.00 litigation expenses. LLjur Summons was issued to respondent on February 12, 1993. Respondent, however, failed to file its answer within the reglementary period. In the hearing of complainant's Motion To Declare Respondent In Default on July 21, 1993, the said motion was granted in open court, and reception of evidence for the complainant was held ex-parte on August 3, 1993. At the reception of evidence, complainant presented testimonial and documentary evidence to show the following facts: That complainant is a non-stock corporation duly organized and existing under and by virtue of Philippine laws, while respondent is also a corporation duly organized and existing pursuant to Philippine laws; that respondent is the developer of First Marbella Condominium Project located at 2223 Roxas Boulevard, Pasay City; that respondent has retained ownership of unit No. 1201 in the said condominium project covered by Condominium Certificate Title No. 88 Pasay City and as such is a member of complainant, and, there is, therefore, an intra-corporate relationship between the parties; that as a member of the complainant respondent incurred unpaid assessments consisting of association dues, electricity and water charges, common area electrical costs, and other miscellaneous expenses and charges which amounted to P487,449.41; that said assessments became due and demandable and despite repeated demands, respondent failed and refused to pay said unpaid assessments; that because of gross and evident bad faith of respondent in refusing to pay said assessments, complainant was compelled to engage the services of counsel and to pay attorney's fees in the amount of P30,000.00. IN VIEW OF THE FOREGOING, judgment is hereby rendered directing the respondent to pay complainant assessment dues in the amount of P487,449.41 as of January 27, 1993 and further assessments thereafter and P10,000.00 attorney's fees. SO ORDERED. NO COSTS. (SGD.) MACARIO P. MALLARI Hearing Officer