Friday, October 28, 2011

THE PROBLEMS WITH REAL ESTATE DEVELOPERS AND HLURB

The Housing and Land use Regulatory Board (HLURB) has many functions dealing wth land development, and one of its primary functions is to protect the public from developers and unscrupulous practices.

The problem is that is not happening.  HLURB may be responsible for administering the laws of the land and its very own orders, butr enforcement is another problem altogether.

From our experience, issues with real estate developers can be sourced back to the very way HLURB operates.

It seems at the very start of a development, HLURB and its Board of Commissioners have given in to the demands of developers and not in the interests of the buying public.

Why else would, HLURB make a Building Permit a post requirement to a License to Sell and Certificate of Registration, rather than a prior requirement as it had previosuly been.  It is seen as a stance to help and aid the government with housing, the issue being that the Building Permit is an expensive cost for a developer, and they need to market their product before paying out the large expesne for a Building Permit.

Surely, in the case of condominiums, how would this ever be in the interest of government housing?  When the government is concerned about finding housing for millions of homeless people in Manila, then how does the building of condominiums help this issue.  It should not be forgotten, that condominiums are built for people with money, it is not for the poor or homeless, it is a big money earner for the developer.  HLURB have given sanctions to the real estate developer to do what he wants, right at the very start of any development, and this is confirmed with the issuance of a "Temporary License to Sell".

This "Temporary License to Sell" is for developers to be able to "market" their development before the process of obtaining a License to Sell and Certificate of Registration.  It lasts for 6 months.  The question is, under a temporary License to Sell, are you just not allowing the developer to already sell their product?   Selling is one thing, marketing is another.  So the developer is then being allowed to sell their product, even before they go through the complicated procedures of applying for a proper License to Sell and Certificate of Registration.

Surely, all condominium projects rely on pre sales, selling before completion of the project, so how can you allow selling before even approval of a Building Permit for the project.  The License to Sell, allows the HLURB to issue a completion date for a project or development, if the developer is already selling on a Temporary License to Sell, then what dates is it giving its customers from completion of building of their units?

It seems that once, License to Sell, Certificate of Registration, Development approval and Advertisement approval has all been okayed with HLURB, it is then left to their monitoring section to regularly check that the developer follows the development as per the plans submitted to HLURB.  Ocular inspections of the developments should be every 6 months, this is proving impossible for HLURB.

This has proven to have failed, as HLURB struggles through all its procedural systems and real estate developers fail to provide the necessary documentation to get even a License to Sell or Certificate of Registration.

As of September 2011, the ENCR region of HLURB has some 300 developments with Cease and Desist Orders, they have no License to Sell and no Certificate of Registration.  Yet some of these developments are still being built and sold.  Developers just continue to sell, even if they cannot comply with HLURB instructions and orders.

HLURB is in a hole it cannot get out of.  It has in some ways relaxed the system for real estate developers to start their developments, but these developers cannot then abide by the rules, regulations and orders that HLURB hand out.

Developers are ignoring anything HLURB throws at them, as their only powers seem to be archaic fines.  10,000 peso's does not threaten any real estate developer.  Certainly, within the developers who concentrate on condominiums, where the sales of units start at a bare 1 million peso's upwards, then what does a 10,000 peso fine represent?  Nothing! 

The committe for Housing at the House of Representatives realises that these fines are insufficient, but still it seems the people wait for Bills to be passed.  HLURB need the power to enforce the law, and enforce their orders.  Otherwise, developers will continue to take advantage of the public.


Sunday, October 16, 2011

CAMBRIDGE VILLAGE - AN EMPIRE EAST LAND HOLDINGS INC SCAM
The Housing and Land Use Regulatory Boad

For anyone worried about buying a condominium unit and its legality, please speak to the Housing and Land Use Regulatory Board (HLURB) first.  I did not, as did many of the residents at Cambridge Village, Floodway, Cainta, Rizal, and now we are paying the price.

There are many issues at Cambridge Village, some of which, no matter how hard you might check out your prospective buy, you would just never find.  But I hope our problems here might highlight to people what can go wrong!

Firstly, we have an issue over land ownership.  Obviously if a developer tries to sell you a unit, you would think that they had claim to the land!  But be careful, as there are many cases of disputed land ownership through the Philippines, and who wants to be part of that!  We are now in a situation where residents here could be classified as squatters as they live on somebody else's land!  Now who wants to be in that position, after you have spent your hard earned money!

Further, the developer, Empire East Land Holdings Inc, fails to follow or apply the laws of the land in any aspect of the development of Cambridge Village.

The developer saw fit, to ensure it set up a Condominium Corporation (Association) to help maintain its interests in the project, but then is lacking in following or maintaining the laws of the land, or any rules or regulations or orders or instructions as issued by HLURB.  The evidence in case is shown on the link to the HLURB website above.  Click the link, and cursor down the Home Page to Cease and desist Orders, look for the ENCR Region, and click on it.  Then you have access to all the developments in the ENCR region with "Cease and Desist Orders".  Several are listed for Cambridge Village.

Whilst under orders from HLURB not to, the developer continues to sell, to advertise, and to collect amortisation payments from buyers who it has illegally sold units to.  The developer has not been issued with a License to Sell for the majority of the development,a new one is required from HLURB.  The developer needs to obtain a Certificate of Registration from HLURB.  It also has to get Advertisement approval from HLURB.  It also has to get Development Plan approval, again for the majority of the project.  Basically, the project is being sold and developed without HLURB approval, yet HLURB is the government agency who is responsible for land development and use within the Philippines.

So we have been illegally sold units, but it seems the Contract is still valid!  Big deal!  How can it still be valid when you should have not been sold the unit in the first place. 

Further, there have been many issues over drainage, insanitary condition  of the swimming pool, and the integrity of the buildings themselves as the developer sought to construct buildings higher than approved by HLURB.  Surely, you would think the developer would seek to allay any fears, and prove that there are no issues here!  Of course not, they fear to do anything or say anything, as matters are held in their legal team, as the cases pour in as residents realise how Empire East Land Holdings Inc is scamming them.

Residents even voiced concerns over fire safety, and the equipment here, and questions over the physical checks done on any of the appliances here.  The local Fire Inspection officer recently saw fit only to inspect 2 clusters out of 23 currently with inhabitants, finding many code violations.  Yet was an inspection held in the other clusters?  No, as the Management Company tries to hide whatever irregular practices are being done here, stating that a check was done in April of this year, and everything was OK then.  Well, the 2 clusters with plenty of code violations were also checked in April, so who do you trust?

We also live under a "dictatorship".  At the point of contract signing, we were never made aware of the rules, the regulations and how the developer sees fit to run Cambridge Village.  Only after paying our money, and signing the contract, do people really find out how Cambridge Village is run.

The developer is responsible for the Master Deeds, a document which it has failed to update through all the years of development here.  25th April 2003, was the last time it was amended, dealing with some 621 residential units and 94 commercial units, through some 14 clusters.  Now our project is at 28 clusters (finally will be 37) and currently has over 2,500 who have accepted handover of their units!  Control of the project is handed over to First Oceanic Management Company, (a company tied in with the developer on most of their projects) and The Cambridge Village Condominium  Association Inc  (TCVCAI).  Between them, they are responsible for the maintenance and running of Cambridge Village.  But at the same time, the developer retains interest in the project as it continues to build on site, without development approval from HLURB and sells on site, again without HLURB approval.

The developer seems to have little or no communication with the Management Company and the Association.  It builds what it wants, it does what it wants, without any repercussions.  The Management Company and the Association Board have no control or say in the matter, and do not take any of Empire East Land Holdings Inc illegal actions on board.  So Cambridge Village is run in the interests of the developer, letting them build and sell, whilst a facade is put up, a smoke screen, to hide the ugly truth behind what is happening here.  We have a Board on the Association, not elected by the residents, containing people put in place by the developer, even including someone employed by themselves.  A Board, that has no voice, it does not speak for the residents, it does not tell the residents its actions, in fact it has no say in anything.  In fact, the one resolution that I found they had approved, was not promulgated to the residents here, and its very content and attitude is indicative of how things are run here.  Failure to pay Association Due's for 2 months will result in your utilities being disconnected, that is water and electricity. 

We have residents who do not pay Association dues, because of an ongoing legal action against the developer through HLURB.  At every level, the developer is found lacking.  It cannot follow procedures, it cannot follow the laws of the land, it has a customer services section that should be held accountable for being to allowed to use such a name.  The developer does not treat its buyers as customers, once they have had your money, that is the end of it, and what services are they providing?  I know the last time I went to see the developer, it was thrown back at me that it was my fault for buying a unit when a Cease and Desist order was in place, and that I should have checked that out!  Charming!  Empire East Land Holdings Inc lacks any morals, any ethics, any conscience, and its not that Cambridge Village is alone in its fight against the developer.

Empire East Land Holdings Inc, has other developments with Cease and Desist Orders, other developments it continues to sell without a License to Sell, and without a Certificate of Registration.  Other developments with inferior build quality, and poorly managed.  It operates as a law unto itself, ignoring the laws of the land, ignoring Presidential Decree's, Citizens charter, human rights etc.  You name it, Empire East Land Holdings Inc ignores everything and anything!  Why, because it is allowed to do so, because the laws and the people who are meant to implement them are not strong enough, and because people are scared or frightened of complaining. 

People must keep voicing their complaints.  People must register their complaints with HLURB, and surely sometime, the government will take action against unscrupulous developers, who have no time, no thought, no consideration for the buying public who bought illegally sold units.  Is it right that a company on the Philippines Stock Exchange can be so prominent when its very foundations of selling and marketing are done without approval?  This company then chooses to tell its stockholders of its increased sales, its increased sales reservations, but when it has no License to Sell, how can that be?  There are many aspects of how Empire East Land Holdings Inc does its business that should be investigated, lets continue to push for the governement here to do so.


Monday, October 10, 2011

EMPIREBEAST - THE BEAST IN THE EAST IS EMPIRE EAST LAND HOLDINGS INC

Not to be confused with anyone out there called Empire East, this is about an unscrupulous developer in the Philippines, called Empire East Land Holdings Inc.  I shall call them the "BEAST" .... its easier to say!

A bit of background knowledge for everyone ou there. Anyone in the Philippines is familiar with the BEAST.  A multi billion peso realty company, responsible for developing a multitude of mid price condominium units throughout Manila. 

The Beast comes under a parent company, Alliance Global Group, which also involves the likes of Megaworld, Emperador, Golden Arches Development Corp (McDonald's etc) A very strong and prominent group of companies then.

But when the facts are known and shown, how do the realty companies within the Alliance Global Group make their money.  Is it legal?  Is it in the interests of the public buying into the realty market?, and who are the benefactors of this humoungus wealth?

As an unfortunate resident, duped into buying a condominium unit from the Beast, I can vouch that the interests of the customer are bottom of the list.  I wanted a condominium unit, I was very happy in the knowledge that I had made my first property purchase in the Philippines, but it then only served to open my eyes to see how large developers in the Philippines treat their customers.

Remember, as customers, as the buying public, when we purchase that condominium unit, we have invested our hard earned money into a developer and a development that we can trust.  This is our livelihood, this is where our family will live, and this is our futiure.  But can we trust the developer?.  They have laws, rules and regulations to abide to, they even have presidential decree's to follow, and they have the Housing and Land Use Regulatory Board (HLURB) to regulate and control their operations, but do developers take notice of all this?  Or do they do just what they want?In the case of the BEAST, it is the latter, as they ignore the buying unit owners as actual investors and concentrate on the investors that matter to them ...... their stockholders.

Its not just my experience, there are many people out there who have bought from the Beast, only then to find that they want nothing to do with you afterwards.  With a customer services section who cannot help you.  You phone them .... they cannot help you.  You visit them .... you wait around for ages ..... and they can't help you !  You have problems at your condominium site, now the BEAST has nothing to do with you, you have to put your problems through First Oceanic Managment Inc, a company tied in with the BEAST, and they struggle to help you!

Throughout the internet you can find listed the grievances of individuals, all who have suffered at the hands of the BEAST!  But what is actually done about it ...... NOTHING!   Unfortunately many people will not complain, they may not be bothered, they may not know where to complain to or they just feel that the BEAST is such a big company there is nothing that can be done.  But does that make it right?  We all have to follow laws, rules and regulations and we are expected to be punished if we don't do so ..... why should the BEAST be any different?

So as a unit owner, buying from the BEAST, I was lied to by the salesmen.  I was lied to at the contract signing, and ever since then all I have uncovered is a pack of lies, deceipt and deception.  But it is tolerated by the filipino public because the BEAST will sort out all their problems.  Wrong, why do not people understand that the BEAST operates not in the interests of its customers, it is its stockholders that it is bothered about.  It is in the business to make money.

For example.  The BEAST has several development projects with no License to Sell or Certificate of Registration, the very tools that HLURB has to use to control and manage development of land.  As of 11th October 2011 these projects include Cambridge Village in Cainta, Xavier Hills Tower One in Quezon City, The Rochester in Pasig, and Pioneer Woodlands in Mandaluyong.  Associated with the BEAST, Megaworld is even worse, with many more projects under Cease and Desist Orders.  But they follow the same system as the BEAST, disregarding HLURB, its orders, instructions and the laws of the land.  With no License to Sell, the BEAST and its fellow companys continue to sell, continue to advertise, continue to promote and continue to take that hard earned money off people, without the authority from a government agency, HLURB. 

So who benefits from this?  Well the BEAST tells its stockholders each year how well its realty sales are, increasing each year!  But some of this is without License to Sell, in some cases the Beast will have no authority from HLURB to advertise, to develop, to collect amortization payments from buyers.  As for the unit buyers, what are they are buying ?  Is the contract valid if the BEAST has no License to Sell?  Further, the License to Sell binds the developer to build the development to a certain schedule date .... with no License how can this be followed? It is not, as the BEAST will develop its unlicensed projects at its own pace.  So if you are buying a presell unit from the BEAST and wondering when you will get a handover of your unit .... take into account if the BEAST has even got a License to Sell.  As without it, HLURB will struggle to enforce any completion date on your unit, you are left at the mercy of the BEAST!

Some misguided people think that any issues between the BEAST and HLURB can be resolved.  But lets not forget, people are signing contracts without the developer having a License to Sell, there is no control then of completion dates, and there is no control over what the developer is building.  The developer is to build what they advertise.  But the BEAST will get out of this, using the MASTER DEEDS as instructions allowing it to change any aspects of the development.  This is without the residents having any say in the matter.  So you move in, a part finished project, with many of the listed amenities missing, when will you see them?  Will you ever see them?  It is the responsibility of the HLURB to ensure that the developer upholds what it has advertised, but it the developer is going to ignore HLURB what are you left with?

The BEAST does what it wants and when it wants?  The BEAST is a law unto itself.  The BEAST will lie and deceive to get what it wants.  It lies to you, the buying public, and it is even using lies to deceive its beloved stock holders.  People must be able to complain, and should register their complaints through HLURB, otherwise the likes of the BEAST will continue to take advantage of everyone.

Wednesday, October 5, 2011

AN INTRODUCTION - HOW TO BUY A CONDOMINIUM

Hello everyone

Welcome to a new site to keep people aware of the dangers of buying condominium units in the Philippines.  Empire East Land Holdings Inc, is a large developer who follows unscrupulous practices to fool the public, and to deceive them.  A developer who ignores the laws of the land in the interests of corporate greed.

Hopefully, these tips below will help people avoid the pitfalls of dealing with developers and the unscrupulous practices engaged in selling condominium units.

BEFORE BUYING

Check the condominium project/development has a License to Sell and a Certificate of Registration.  These are issued by the Housing and Land Use Regulatory Board (HLURB), and can be verified either by searching on the internet using the following link http://hlurb.gov.ph/online-inquiries/ or by ringing the Information and Communications Technology Division of HLURB on 9272731.

Alternatively, you can find out projects/developments that have been issued Cease and Desist Orders from selling or advertising.  Use the following link http://www.hlurb.gov.ph/ then cursor down to the bottom of the page and click which ever region you come under.  For the ENCR region, just use the following link http://hlurb.gov.ph/uploads/license-sell/projects-with-cdo/CDOENCR.htm

Check the site of the development itself, see if there may be problems with flooding, erosion, landslide etc.

If the project is covered with a License to Sell, check with the developer the date of completion of the project.  This is actually on the License to Sell, and should be complied with by the developer.

If the property is mortgaged, it should have a Clearance to Mortgage from HLURB.

Facilities and amenities shown in any advertising should comply with the approved condominium plan on file with HLURB.

WHEN BUYING

Check if broker/agent is registered with HLURB or DTI.

Verify property has not been sold to other buyers through Register of Deeds.

If paying by amortization scheme, make sure you can afford the payments.  Remember, you may be paying for your unit for many years.

Check that materials of the condo unit conform with the development standards and approved construction specifications submitted to HLURB.

Check whether developer pays for the water and electric meters etc.

Check who would eventually operate the condominium water system.

BEFORE SIGNING THE CONTRACT TO SELL

Don't sign any blank form of the Contract.

Read thoroughly the Contract, especially terms and conditions.

Secure a copy of the Contract and any other documents that you have signed.

Make sure the Contract is registered by the owner/developer with Register of  Deeds.

Ask for official receipt on all payments made for your unit.

WHEN ACCEPTING A CONDOMINIUM UNIT

Inspect the unit and check it complies with approved plan and agreed specifications.

Check promised facilities and amenities as advertised are completed.


DO MAKE SURE YOU FOLLOW ALL INSTRUCTIONS BEFORE BUYING.  AND CAREFULLY READ THE CONTRACT TO BUY BEFORE SIGNING.

From my experience with Empire East Land Holdings Inc, I would also check the following:

Is there a residents association?  Am I a member? 

Who governs or runs the condominium site?  Is it an association, managment company or the developer themselves who run it?

Are there association fee's, and how much are they?

Are there additional fee's for any other amenities or facilites on site?

What are the rules and regulations on site?  Please read all paperwork before signing your contract in particular Master Deeds, Bylaws, House Rules etc. 

Watch out for miscellaneous fee's.  These are added on by some developers, and in the case of Empire East used to blackmail you to get your "Title of Ownership" or CCT as its known.  So always check with the developer on CCT and how quick they will process it.

For those people buying on a presell basis, please be aware of the dangers of delayed handover as developers fail to meet handover dates.  Ensure that you have it in writing when the developer will complete handover of your unit.

NEVER FORGET, THIS IS ABOUT YOUR LIFE, YOUR FAMILY, YOUR FUTURE AND ITS YOUR MONEY, SO MAKE SURE THAT THE DEVELOPMENT AND THE DEVELOPER ARE WORTH YOUR INVESTMENT.