Homeowners file complaint against Samantha developer

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Monday, November 14, 2011

HOMEOWNERS at Samantha Executive Homes in Matina Pangi, Davao City, formally filed a complaint before the Housing and Land Use Regulatory Board (HLURB) in Davao Region against the subdivision developer for failure to comply with approved subdivision plans.

The Samantha Executive Homes Homeowners Association (SEHHA), through their legal counsel Cresenciana C. Cruz, filed Specific Performance Damages and Attorney's Fees charges against Foothills Realty and Development Corporation (FRDC).

In a 10-page complaint dated October 24, the SEHHA asked HLURB to direct and compel the FRDC to comply with its contractual and statutory obligations to make the project a safe place to live in.


SEHHA requested the HLURB to issue a cease and desist order (CDO) against FDRC from selling any of the properties within the subdivision or any other housing projects being developed by the latter.

The homeowners sought for the issuance of a CDO against FRDC for "rescinding valid agreements or contracts."

The complainants also sought the revocation of FRDC's license as a contractor/real estate developer.

Samantha Homes was adversely affected by flashfloods that hit Matina and Bangkal areas on June 29, killing 32 people.

Samantha Homes, which consists of 345 units with 48,802 square meters, is one of the subdivision projects of FRDC.

The construction of the project started in 2004 and was supposed to be completed on July 2008.

"However, defendants failed to complete the project thus, requested, and was granted an extension until December 2008," part of the complaint stated.

While the construction was going on, homeowners observed that the FRDC did not follow the subdivision plan as approved by the City Engineers Office and other agencies, prompting the homeowners to seek for assistance from concerned government agencies.

"We have been clamoring for the past four years and now that the formal complaint has already been filed before the HLURB, we will just wait for the hearing as advised by our counsel," Luis Moran, president of Samantha Executive Homes Homeowners Association said.

The HLURB has also sent a notice of violation to FDRC on September 15 stating the violations committed by the developer.

The HLURB noted that the FRDC violated the "project alteration effected without prior approval" and "failure to maintain common facilities."

"The notice of violation released by the HLURB is very clear and it served as the reference that the developer has really committed a violation," Moran said.

Meanwhile, Sun.Star called up FRDC for comments, but refused, saying they will issue an official statement today, Tuesday. (Arianne Caryl N. Casas)

Published in the Sun.Star Davao newspaper on November 15, 2011.

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