MANIFESTO OF SUPPORT

Manifesto of Support to the complaints filed by the six (6) Unit Owners of Grass Residences to Human Settlements Adjudication Commission (HSAC) on Sept. 11, 2020 with case number HSAC-NCR-REM-200911-00090

We, the Unit Owners and members of Grass Residences Condominium Corporation, stand by and fully support their decision to file a complaint about the unwarranted, unlawful and unsound business practice of the developer SM Development Corporation in inserting two (2) illegal provisions in the Amended Deed of Restriction as mentioned hereunder; and,  Respondent SMDC, despite of the project’s incomplete state of the Fire Alarm Detection System (FDAS), allowed the buyers of its condominium to move-in at Fern Grass Residences Tower 4 and 5 notwithstanding the risk in safety of the unit owners.

1. In Article II, Sec 9.5 (a) of the Master Deed, respondent SMDC illegally inserted a provision which entitles it to appoint the President and Treasurer of the Board of trustees of Grass Residences without election for as long as it owns a unit in the condominium. The unlawful provision provides that

“The Management of the Condominium Corporation shall be vested in a Board of Trustees consisting of Five (5) members to be elected in accordance (sic) Constitutive Documents; provided that, to safeguard its investment in the Project, the DECLARANT shall be entitled to two (2) members of the Board of Trustees, one as President and the other as Treasurer, for as long as the DECLARANT owns Unit(s) in the project, whether residential or commercial or parking“.

2. Likewise, another unlawful provision is inserted in Article II, Section 17.1(n) of the Master Deed where the respondent SMDC instituted unto itself the exclusive right to appoint the property management, GREENMIST Property Management Corporation for SM GRASS Residences without consultation, vote or approval from the condominium unit owners:

“The right to designate any third party to act as property manager for the entire   Project subject to such reasonable terms and conditions as the DECLARANT may deem appropriate, including service fees which shall be for the account of the Condominium Corporation. The right reserved under this paragraph by the DECLARANT, at its sole discretion, only for a period of fifteen (15) years from the time when the Condominium Corporation is organized.”

GREENMIST is a subsidiary corporation established by SMDC and was established only on 2015 and has no track record of property management, and yet, respondent SMDC has appointed to manage Grass Residences Condominium Corporation that commenced on 01 September 2016.

We firmly believe that Grass Residences Condo Corp (GRCC) should be managed and decided solely by duly elected unit owners as Board of Trustees of the corporation.

Therefore, we appeal to the HSAC Adjudication Committee for early resolution of this complaint.