CEBU City Hall intervened in the ongoing row between residents of Barangay Kalunasan and the homeowners’ association of the upscale Beverly Hills subdivision over the use of the road right-of-way.
At least 1,000 individuals are reportedly affected by the Beverly Hills Homeowners’ Association’s policy regulating the use of their subdivision as access to and from Barangay Lahug.
The affected residents raised their concern to Mayor Michael Rama yesterday after learning that the main road of Beverly Hills has already been donated to the Cebu City Government.
Rama said his office will mediate and provide the venue for both parties to settle the matter.
In his news conference yesterday, the mayor said he does not want the City to take any action until they have the facts, including the status and ownership of the roads.
City Atty. Jerone Castillo learned from the complainants that the lot has been donated to the City, but he still has to verify this with the City Assessor’s Office and the General Services Office.
“They claim that the lots are now owned by the City, but the copy of the deed of donation that they have is not clear. I’d rather check the records first before we make any move. For now, we will not take sides, we will listen to both parties,” he told reporters yesterday.
Castillo is set to meet with the Beverly Hills Homeowners Association officers.
Just regulating
In a phone interview yesterday, the homeowners’ association president, Maia Franco, clarified that they are not prohibiting anyone from entering the subdivision, and that they are only regulating the time when vehicles can enter.
Vehicles of non-residents need to have a sticker to be able to enter Beverly Hills.
The homeowners association sells the sticker for P500 each and is valid for one year.
Vehicles of non-residents are not allowed to enter the gates from 10 p.m. to 8 a.m.
Franco said they were informed that the road has been donated to the City, but they still have to verify this and if it was done properly or legally.
Like the complainants and City Hall, the homeowners’ copy of the deed of donation is also not clear.
“Even if it has been donated, as a homeowners’ association, we believe we have the right to regulate the ingress and egress of the people. It is a subdivision and we are supposed to make it secure and peaceful for the homeowners,” she told Sun.Star Cebu.
Incidents
Franco said that with the increasing incidents of robbery and burglary in neighboring communities, it is their responsibility to take more precautions.
“We are not stopping anyone from using Beverly Hills as an access road, but they also have to abide by the rules,” she added.
But for lawyer Lito Inso, legal counsel for the affected residents of Barangay Kalunasan, the homeowners’ association has lost its right to regulate the use of the road after it donated the road lots to the City.
“The lots have been donated in favor of the City Government. That means the City is now the owner of the main road. It’s the City that’s maintaining this road now so the homeowners association no longer has the right to regulate the use of the main road,” he said.
Inso said they are hoping that as owner of the road, the City will be able to address the concerns of the affected residents.