Four years is more than enough time given to Atty. Rex Fernandez to settle his dues, officials of the Bamboo Bay Community Condo Corporation told a press conference today, August 16, 2021, in response to the lawyer’s allegations of illegal water disconnection.
“Atty. Fernandez has not paid his condominium dues for four years and it has been clear under our master deed that non-payment results in disconnection of water services,” said Bamboo Bay Condo Corp. Vice President Fidel Abalos.
He added that it was unfair for the lawyer to let other unit owners pay for the services he enjoys, which include the elevators that use electricity, the swimming pool that he regularly uses, upkeep and maintenance of the common areas, and even the salaries of the security personnel that are on duty for 24 hours.
Fernandez went on hunger strike and camped out on a tent just outside the entrance to the Bamboo Bay Community starting on Friday, August 13, to protest the cutting off of water supply to his unit and accused Contempo Property Holdings, Inc. CEO Beverly Dayanan in a Facebook post of violating an existing injunction order.
Engineer Deryl A. Vargas said they wanted to clarify the issues raised against Condo Corp., citing that the disconnection of water services to 20 unit owners including Fernandez was covered by a Board of Directors resolution and followed proper procedures. Vargas, who is the current Condo Corp. President, joined the press conference via Zoom.
The Condo Corp., which Abalos described as the equivalent of the homeowners association in subdivisions, understands that these aren’t normal times because of the pandemic but there are unit owners who took the effort to negotiate easy payment terms.
According to him, the group has exercised “immeasurable” patience when it comes to Fernandez’s case, with at least five notices already sent to him to settle his payables.
“Our uncollected condo dues overall is in seven figures, with individual unit owners racking up delinquencies in six figures,” said Abalos, adding that additional costs for disinfection and ensuring the community’s health and safety under the current pandemic have depleted their finances.
No injunction order
Bamboo Bay’s condo dues are computed at P90 per square meter. It is a relatively cheap rate for an area that is close to commercial districts as there are nearby condominiums that charge over a hundred pesos per sq. m., according to Abalos.
He said it was not only Fernandez whose water supply was cut off because of non-payment of condo dues but he was the only one resorting to a hunger strike. “Holding a hunger strike is a personal decision, and it is also up to Atty. Fernandez when to stop,” he stressed.
Abalos added that the Condo Corp. has over 500 unit owners from three towers as members and majority of them have expressed satisfaction with Bamboo Bay and are more than happy with the facilities in the community such as the huge pool and the gym with modern equipment. Abalos also clarified that there was no injunction order against them.
Asked about the injunction order, Atty. Deolito Alvarez, Contempo legal counsel, said he couldn’t discuss the details because it is pending in court. He pointed out though that the complaint for injunction was filed by Fernandez against Contempo, Bamboo Bay Community developer, and not against Condo Corp.