Byron Garcia and several homeowners of Corona del Mar went to Talisay City Mayor Socrates Fernandez yesterday to seek a “cease-and-desist” order against Filinvest, the developer of their subdivision.
Sunday’s gun-toting incident, wherein an armed Garcia confronted an angry American resident with an AK-47 assault rifle, wasn’t on the agenda.
It toook a back seat to complaints about a “dusty” access road being built, unfulfilled promises of the developer and other alleged violations of Filinvest in its oblgiations to residents.
Two rival homeowners associations now exist in the high-end private subdivision in barangay Pooc, Talisay City, with Garcia as the president of a new one which held elections last Sept. 11.
As a sign of protest, Garcia parked two of his vehicels, an Isuzu Elf and a Ford Explorer, to block a disputed diversion road to Escala, a new subdivision of Filinvest.
“They did not ask for our permission when they made the road and they destroyed our perimeter fence,” Garcia said.
About 30 security guards and Talisay City policemen went to the site yesterday morning to move the vehicles off the road.
Meanwhile, Filinvest lawyer Dante Ramos said the company would file charges against Garcia, whose status he questioned.
The lawyer said that Garcia is not yet a member of the homeowner’s association and can’t be elected to the position of president since he has not yet fully paid for his property in Corona del Mar.
“He’s trying to make himself look like a hero to them,” Ramos said.
Ramos said Filinvest was not notified when several Corona del Mar residents held an election last Sept. 11 and chose Garcia as their president.
Ramos said Filinvest did not commit any violation in the Escala project since it was merely an “extension” of the subdivision and did not alter the master plan of Corona del Mar.
Ramos said Filinvest had repeatedly called for a meeting of homeowners to elect their officers since 2008 but they were unable to reach a quorum.
In the dialog in Talisay mayor’s office, homeowners allied with Garcia showed the subdivision plan to the mayor and explained how Filinvest was “opening” a road for Escala Subdivision.
“The subdivision plan was altered. Why were we not consulted?” Garcia said.
Mayor Fernandez said Pooc barangay captain Doroteo Emit, who was present, will explore solutions to the residents’ complaints about the dust pollution and unsanitary conditions, and nuisances in the new road entrance construction.
Filinvest representatives were not present in the meeting.
“Filinvest can make an alternate road without hampering the community. They can come up with preventive measures to protect their residents. We hope that they will present their solutions on this problem,” the mayor said.
Garcia insisted he was the duly elected president of Corona del Mar’s homeowner’s association.
He was earlier disowned in published notices of the “Corona del Mar Homeowners Association Inc.” signed by Luis T. Fernandez as president which appeared in local dailies.
“The print ad of Filinvest was a desperate move. Luis Ferandez is from Manila,” Garcia said.
Garcia presented a document stating the minutes of the first membership meeting of Corona del Mar Homeowners Association dated September 11, 2011.
Homeowner Tessie Sentillas asked the mayor, “Pwede ba diay ma-president ang dili resident?”
She said she’s never met Luis Fernandez or heard of him.
“Bisan anino pa niya, wala na siya nagpakita namo inig meeting sa mga homeowners,” she told Cebu Daily News.
Mayor Fernandez said that a “resident” should be living in the subdivsion for at least six months.
“Filinvest is not present (in this meeting). The problem is not that big. The barangay captain is willing to help,” he said.
He advised homeowners to submit a formal complaint to the Talisay City Planning Office.
“This is not to persecute them (Filinvest) but to find a solution.” he said.
Engineer Willie Ramos, project evaluation officer of the Talisay City Planning Office, said that Filinvest has two violations – “contruction without permit” and “construction without zoning clearance”.
“We will issue a notice of violation for Filinvest tomorrow and the cease and desist order will follow,” he said.
Ramos, the Filinvest lawyer, confirmed that directors who sit in the board of the homeowner’s association are Filinvest representatives who were assigned to oversee its operation.
He said Filinvest’s 12 percent ownership of the 41-hectare subdivision still allows the developer to supervise activities in the neighborhood.
He said that Section 30 of the Presidential Decree 957 which regulates the sale of subdivision lots and condominiums also allows them to supervise the subdivision.
Garcia said he parked his two vehicles to block the access road being built to Escala Subdivsion.
“It’s very dusty.” he said.
Some homeowners at the dialog complained of the air pollution caused by the road entrance.
“Abog kaayo. Nangliki na ang kalsada. I am a resident in the subdivision for eleven years already. Filinvest promised us a ‘boardwalk by the sea’ pero wala gihapon until now,” said one homeowner./ Rhea Ruth V. Rosell, Correspondent with reporter Candeze Mongaya