How is Primavera different from the other projects in Cagayan de Oro City?
It is the first high-rise ecofriendly building in Cagayan de Oro and one of the first buildings in the entire Philippines equipped with photovoltaic solar panels located on the rooftop of the building. These panels will have a double effect: production of renewable energy and roof shadow protection.
PRIMAVERA RESIDENCES has been designed following eco-friendly criteria. ITALPINAS, the developer of PRIMAVERA RESIDENCES is one of the first sustaining members of Philippine Green Building Council. The building is planned to maximize natural ventilation and light. Furthermore, the presence of a green inner courtyard will help the building mitigate the high temperature during summer season as the shelter will produce shadow to protect from sun’s direct radiation with a dramatic decrease in temperature. These are just a few of the special features that will help the building and its residents save around 20% in energyconsumption!
What are the other laws or regulations that govern Primavera?
Besides R.A. 4726, Primavera is also governed by Presidential Decree (PD)957, and PD 1216, RA 6541 (Building Code of the Philippines), PD 1185 (Fire Code of the Philippines), The Master Deed with Declaration of Restrictions of Primavera (MDDR), Primavera Articles of Incorporation, By-laws, and House Rules, and the rules and guidelines of the Pueblo de Oro Residents and Locators Association (PORTAL).
What is MDDR of Primavera?
MDDR stands for Master Deed with Declaration of Restrictions of Primavera. This document describes the, procedures, rules and regulations specific to Primavera. This is also a requirement dictated by RA 4726 Articles of Incorporation, By-laws, and House Rules, and the rules and guidelines of the Pueblo de Oro Residents and Locators Association (PORTAL).
Who is responsible for the maintenance and management of Primavera?
Ultimately, it would be the Condominium Corporation who will be responsible for the maintenance and management of common areas and central facilities of Primavera. As the project is being developed and haven’t been turned over to the Condominium Corporation, Italpinas, Inc. shall manage and maintain on behalf of the Unit Owners. Moreover, the funds needed for the maintenance and management shall come from the Dues levied on each unit owner.
Monthly Dues are currently estimated at P45/sqm of liveable unit.
- The Dues are assessed on a Monthly and an Annual basis. The Condominium Unit Owner, by its acceptance of the Unit, is deemed by covenant and agrees to pay to the Condominium Corporation the Owner’s pro-rata share in the Expenses for the maintenance of the Common Areas, Central Facilities, and other Expenses to be incurred for the whole or part of Primavera.
- These funds will be used for the management and upkeep of the compound. Security Services, General cleaning, grass cutting, landscape maintenance, streetlights, pool maintenance and payment of utilities are examples of the costs that shall be covered by the dues.
- Dues are the obligations of the Unit Owner and shall become a continuing lien on the Unit if not paid and shall constitute a personal obligation of the Owner and all other persons claiming an interest under it.
- The Condominium Corporation shall have the right to impose upon any, some or all of the Owners the obligation to pay Dues or as an assessment not specifically covered herein but otherwise authorized by the By-Laws or its Board of Directors. In addition, reasonable administrative and other fees for the use of certain Common Areas and Central Facilities, and assessments for the cost of litigation may be imposed by the Condominium Corporation from time to time.
What are the other expenses to which the dues pay for?
These expenses are defined as those “necessary or proper for the existence, maintenance, preservation and improvement of the Project or any part thereof, which shall include, but not limited to, real property taxes and assessments in respect of the Common Areas; insurance premium for obtaining and maintaining insurance; charges, deposits, penalties and all other amounts to be due in payment of utilities and other public services supplied by public utility or public service companies; charges, costs, fees, deposits, penalties, and other fees for the management, operation, control, possession, repair, improvement, replacement, maintenance, reconstruction, restoration, addition or alteration of the Project or specific areas found therein, which shall include, without limitation, the costs and expenses for providing security guard, janitorial, landscaping, general administrative, technical, architectural, construction, pest control and such other special contractual services; and all other charges, costs, fees or other amounts as the Condominium Corporation shall deem necessary to incur or is required to incur. Any, some or all of these Expenses shall be incurred at the discretion of the Condominium Corporation in respect of the Project as a whole, the Common Areas, and/or the Units, as it shall decide.”
How is Primavera geographically demarcated?
Primavera is divided into two Towers – A and B. The Central Facilities include the Lobby, Elevators, Green Terraces, Gym and the swimming pool. The Common Areas are the streets, sidewalks, planting strips, Utility Facilities. Tower A and B each has twin elevators to serve up to the top floors.
What is the Right of First Refusal?
As Unit Owners become automatic share holders of the Condominium Corporation, the Corporation has the privilege of being offered and informed of potential lease or sale of any of the units before it is presented to the general public. The Right of First Refusal is a provision in the MDDR to address this privilege. Specifically Articles 2.15, 2.16, 2.17 of the MDDR governs the Lease and Resale of each of the units in the Townhouse. Highlights of which are as follows:
- “No sale, transfer, assignment, conveyance or disposition shall be made contrary to the provisions of Republic Act No. 4726, as amended and other applicable laws and to the regulations that the Condominium Corporation may validly promulgate from time to time. No transfer or conveyance of the Unit shall be valid if the concomitant transfer of the Condominium Unit shall breach the nationality requirement imposed by law on a corporation owning private land in the Philippines…” (Article 2.15)
- “In the event that a Condominium Unit Owner (the “Selling Owner”) desires to sell or dispose of his/her/its Condominium Unit, the Selling Owner shall be obliged to give prior written notice to the Condominium Corporation and the other Condominium Unit Owners (the “Non-Selling Owners”) of the gross selling price and the other terms and conditions for the sale (the “Selling Notice”). The Condominium Corporation and any of the Non-Selling Owners shall have the right to purchase the Condominium Unit of the Selling Owner on a first-come-first-serve basis within three (3) consecutive months from and after the date of receipt of the Selling Notice by the Condominium Corporation (the “Right of First Refusal”).”
- The Right of First Refusal shall be exercised by giving the Selling Owner a written acceptance of the gross selling price and the other terms and conditions stated in the Selling Notice. Upon receipt by the Selling Owner of the written acceptance, and provided that Article 2.15 hereof, and the relevant provisions of the Condominium Act are duly complied with, a Deed of Absolute Sale of the Condominium Unit shall be executed by the Selling Owner and the buyer.
- If the Right of First Refusal is not exercised after the lapse of three (3) consecutive months from and after the date of receipt by the Condominium Corporation of the Selling Notice, or if the Right of First Refusal is waived in writing by the Condominium Corporation and all of the Non-Selling Owners, the Selling Owner shall be free to sell the Condominium Unit to any third party purchaser in accordance with the terms of (i) the Selling Notice, (ii) Article 2.15 hereof, and (iii) the relevant provisions of the Condominium Act. If a Deed of Absolute Sale of the Condominium Unit is not executed by the Selling Owner and a third party purchaser within [six (6)] consecutive months from and after the lapse, or written wavier of, the Right of First Refusal, the Right of First Refusal of the Condominium Corporation and the Non-Selling Owners shall be restored for another three-month period.
- Any sale of a Condominium Unit that does not strictly comply with the Right of First Refusal under this Article 2.16 shall be void.” (Article 2.16)
- “The Owner shall have the right to lease or encumber its Unit, subject to any applicable agreement between an Owner and the Declarant, and to the following requirements: (i) the Owner shall submit to the Condominium Corporation the deed evidencing such lease or encumbrance within five (5) days from the execution of the deed; and (ii) no lessee shall be allowed to sublease the Unit or any portion thereof. Notice shall also be given by the Unit Owner to the Condominium Corporation of every suit or other proceedings which may affect the title to his Unit or rights within five (5) days after the Unit Owner receives knowledge thereof.
- The lease of the Unit or the constitution of an encumbrance thereon shall not release the Owner from its obligations under this MDDR.
- Any lease on any Unit shall provide that the Lessee and all occupants of the leased Unit shall be bound by the terms of this MDDR, the By-Laws, and the rules of the Condominium Corporation”. (Article 2.17)
- The horizontal extent of each Condominium Unit shall be determined (i) from and including the front and rear doors and the interior surface of the wall separating the Condominium Unit from a Common area, and (ii) from the centerline of a wall and door separating the Unit from another Unit.
- The vertical extent of the Condominium Unit shall be determined from the top of the firewall to the base of the ground floor.
- The open area in front of the Unit bounded by the Planting Strip and the back up to the firewall shall also be considered part of each Condominium Unit. Such area in front is designed for a lawn or garden and must not be enclosed with a fence. Only end units of clusters are allowed to enclose their sides with a fence of a suitable height and material. Specifically, such fences must aesthetically complement the prevailing architectural design and shall not exceed two (2) meters from the adjoining road curb level and shall be made of steel or iron grilles, decorative blocks, wire mesh or non-solid fence material anchored or fixed to the top of a maximum 60 centimeter high solid zocallo wall and subject to the approval of the Declarant. Cyclone wire is not allowed as a material in the construction of such fence or wall. Fences on the front of all units are not allowed. Unit Owners of Inner Units may enclose only with a fence the open potion at the back of their units.
What are the restrictions for the use of the condominium units?
- Each Condominium Unit shall be for single family residential use only
- No Condominium Unit shall be used in a manner which is improper, offensive or annoying to other Owners or which interferes with their peaceful possession, or which will otherwise constitute such use as a nuisance.
- No Condominium Unit shall be used for the conduct of any illegal or immoral activity, or for other purposes, which will destroy the essential character that the Declarant seeks to attain and maintain for the Project.
- No Condominium Unit shall be used in any manner, which in the judgment of the Declarant or the Condominium Corporation, will compromise the security of the area or the Unit Owners thereof.
What is the Condominium Corporation and what does it do?
- The Condominium Corporation is set up for purpose of managing the affairs of the Condominium project, together with the building and improvements developed after the Developer has turned over the project. This is pursuant to the provisions of the Condominium Act, as amended and PD 957.
- The Condominium Corporation shall also be formed and organized to hold title to the Common Areas of Phase I of the Project to exercise the powers and duties vested in it by law, Articles of Incorporation and By-Laws. All the properties, business and affairs of the Condominium Corporation shall be managed and administered by the Board of Directors whose powers, functions and duties shall be specified in and governed by the Articles of Incorporation and By-Laws.
- Among its other powers and duties, the Condominium Corporation shall be responsible for maintaining and administering the Common Areas and Central Facilities, enforcing and administering this MDDR, levying and collecting Dues, promulgating House Rules and such other rules and regulations as may be necessary, and acquiring and holding for the benefit of the Condominium Unit Owners, personal property with the power to dispose or encumber the same subject to applicable requirements of law.
- In addition, Primavera Condominium Corporation shall be a member of the Pueblo de Oro Residents and Locators Association (PORTAL), the mother association in Pueblo de Oro, which manages the operation and maintenance of the Township’s Common Areas and Central Facilities.
Who are the members of the Condominium Corporation?
- Each Unit Owner shall automatically be a member of the Condominium Corporation. Any transfer of ownership also corresponds to that person’s membership in the Condominium Corporation.
- Each Condominium Unit Owner shall have one vote in the Condominium Corporation. Guidelines for which are set forth in the By-Laws of the Condominium Corporation.
- Only members of the Condominium Corporation in good standing, as defined in this MDDR and By-Laws of the Condominium Corporation, shall be entitled to vote or have voting rights in any meeting of the Condominium Corporation where voting is called for, provided that the voting rights of the members who are not in good standing and of the amortizing buyers are deemed assigned to the Declarant or the Condominium Corporation.
What changes can Unit Owners make with the architecture of their Unit?
The MDDR stipulates that no Unit Owner may make changes to the exterior appearance of his Unit as a holistic architectural theme is adopted. Owners may however improve or change the interiors of his Unit. Construction of an attic is allowed provided it will not alter the external appearance of the Unit. No addition to or change or alteration of the Unit shall be made unless the plans and specifications showing the nature, kind, shape, height, materials, color and location of the same shall have been submitted to and first approved in writing by the Declarant or the Condominium Corporation.
- No exterior lighting shall be placed or maintained upon the Unit so as to cause an unreasonable glare or illumination upon any other Unit, Common Area, or Central Facility.
- The Condominium Unit Owner shall not do or cause to be done any act (including chiseling or chipping of beams, columns or walls), or cause the construction or installation of any structure or facility within the Unit, the Common Areas, or the Central Facilities, which the Declarant has determined will be beyond or will impair the structural strength of the Building or change the appearance of any exterior portion thereof.
- The windows of the Unit shall not be replaced with windows of different material, size, design or color.
What are the House Rules and what are they for?
- The House Rules are devised to govern the use of the Common Areas, and such other matters in the interest of the Condominium Corporation.
- The House Rules should not discriminate among Owners and should not be inconsistent with the MDDR, Articles of Incorporation or By-Laws.
- Furthermore, House Rules, may from time to time be adopted, amended or repealed, shall be delivered to each Owner. Upon such delivery, the House Rules shall have the same force and effect as if they were set forth in the Declaration of Restrictions.
What are some guidelines regarding the Common Areas and Central Facilities vis-à-vis each individual Unit?
- There shall be no obstruction of the Common Areas intended for access to any Unit.
- The Common Areas shall not be used by a Condominium Unit Owner in a manner which may prevent the use and enjoyment of the Common Areas and Central Facilities by other Condominium Unit Owners.
- No permanent fixture shall be constructed, installed or placed on or within the Condominium Unit or Common Areas which will obstruct or impair the use of Common Areas (to the extent allowed by the MDDR) or the use of any Condominium Unit by its Owner.
- Nothing shall be done or kept in any Unit or Common Areas, which will increase the rate of insurance.
- The Condominium Unit Owner shall not permit anything to be done or kept in its Unit, in the Common Areas, of in the Central Facilities which will result in the cancellation of the insurance applicable thereto or increase the insurance premium thereof or which will violate any law or regulation.
- The Condominium Unit Owner shall promptly comply with all laws, statutes, ordinances, rules and regulations applicable to the use and occupancy of the Unit, Common Areas, or Central Facilities, and shall obtain the approval of the Declarant or Condominium Corporation as the case may be, in respect of any construction, maintenance, improvement or alteration of any Unit.
What are some guidelines regarding the health and sanitation within Primavera?
- Every Condominium Unit Owner is obliged to keep and maintain the Unit and its appurtenant areas in good and sanitary condition and repair at all times. No noxious substance shall be kept nor offensive activity shall be carried on in the Unit, Common Areas, or Central Facilities.
- The Owner shall not keep any animal in the Unit except small household pets nor shall anything be done therein or emanate therefrom which may be or become an annoyance or nuisance to the other Condominium Unit Owners or which constitutes a violation of any law or regulation.
- Without limiting the generality of the foregoing, no horns, whistles, bells or other sound devices, except security devices used exclusively to protect the security of the Condominium Unit and improvements located thereon, shall be placed or used in the Unit.
- All garbage and trash shall be placed and kept in sanitary, covered containers. In no event shall such containers be maintained so as to be visible outside the Unit except when set out for a reasonable period of time for transfer to the garbage chute in time for the scheduled trash pickup times.
- No Condominium Unit Owner shall permit any condition to exist upon its Unit which shall induce, breed or harbor infectious or other diseases or noxious smells.