Condo developer face raps over conversions

A CONDOMINIUM developer at the Bonifacio Global City in Taguig is in “trouble” for ignoring a court order on condo units it sold as residential and office units when the plan called for it to be used for parking lot floors.

National Capital Judicial Region Branch 70 Judge Luis Acosta earlier ordered a temporary restraining order against Fort Palm Spring Condominium Corporation (FPSCC) after the Fort Bonifacio Development Corporation (FBDC) filed a case alleging that the former has violated the masterplan it agreed with FBDC.

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FBDC is the owner and developer of the Bonifacio Global City, which is covered by a masterplan that defines its optimal use and matches the area’s population with adequate facilities and amenities. It sold a 1,600 meter lot to FPSCC in May 2009.

In its complaint before Acosta’s sala, the FBDC alleged that the defendant “illegally” converted the 5th, 6th, and 7th floors of its Fort Palm Springs condominium into residential and office units despite it being contrary to the masterplan it submitted.

“The conversion of the 5th, 6th and 7th floors from parking to residential and or office use and the reconfiguration of the other floors in Fort Palm Spring were made without the prior consent if FBDC, and are contrary to the designs and plans that were previously submitted by FPSCC and approved by FBDC,” the complaint said.

“The conversion and reconfiguration are thus unauthorized and constitute a direct violation by FPSCC of its obligation under the Deed of Sale to seek the prior written approval of FBDC of its designs and plans for the Fort Palm Spring,” the complaint added.

Earlier, FPSCC said it will devote the mentioned floors for parking use to comply with the obligation to meet the required minimum number of parking slots.

Under the plan, the total number of parking slots for the condo building would be 225 slots, more than the 144 parking slots required.

But in its complaint, FBDC said FPSCC converted the said three floors without it being informed, adding that the conversion of the parking floors would “destroy” the master plan and affect all residents and unit buyers, aside from being a violation of the building designs and plans.

The conversion of the three parking floors allowed FPSCC to gain and sell roughly an extra 4,400 square meters of residential space and brought down the number of parking slots from the original 225 to 108.

FBDC told the court that its loss of control over locators and their projects could expose it to incalculable legal liability to its other buyers and the buyers’ buyers.

FPSCC meanwhile denied knowledge of the restrictions and said the conversion was approved by Taguig officials and the Bonifacio Estate Services Corporation (BESC).

Likewise, it said they have submitted the building design and plans to the Housing and land Use Regulatory Board (HLURB) prior to construction.

But the court dismissed the FPSCC’s argument and in its order said “evidence at hand “show that the 5th, 6th, and 7th floors are parking floors.”

Acosta said that despite FPSCC’s denial of knowledge, “defendants own evidence show that they had full knowledge (of the restrictions) and actually submitted its documentary requirements.”

At the same time, the court slammed FPSCC’s contention that it cannot divulge the buyers of the units located in the contested floors citing security concerns as most of them are active and retired military officers.

“We are in the city and not in the battlefields. What are they hiding? The excuse is incredible. It is perplexing to think of what kind of security breach could possibly occur in divulging the identity of the unit owners or showing the Condominium Certificates of Title which contain the names of the owners anyway,” Acosta stated in his order.

Philip Cea, President of First BYO Corporation (the project manager in developing Fort Palm Springs), told the court he could not disclose the buyers because they “require privacy for their own security.” (AH/Sunnex)