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FBDC sues condo developer


Monday, 22 March 2010 00:00 [ manilatimes.net ]

BY JAMES KONSTANTIN GALVEZ Reporter

Fort Bonifacio Development Corp. (FBDC) has sued a property developer for ignoring its master plan for the residential and office complexes at Bonifacio Global City.

The case filed against Fort Palm Spring Condominium Corp. before the sala of Judge Luis Acosta of the National Capital Judicial Region Branch 70 alleged that the developer violated its agreement with FBDC, owner and developer of the Bonifacio Global City.

The Bonifacio Global City is covered by a masterplan that defines its optimal use and matches the area’s population with adequate facilities and amenities.

FBDC sold a 1, 600-meter lot in May 2009 to Fort Palm Spring, which assured it would devote several floors of its development to parking use in compliance with Global City’s required minimum number of parking slots.

In its complaint, FBDC alleged that the defendant “illegally” converted the fifth, sixth and seventh floors of its Fort Palm Springs condominium into residential and office units when the masterplan it submitted showed the areas were intended for parking.

“The conversion of the 5th, 6th and 7th floors from parking to residential and or office use and the reconfiguration of the other floors in Fort Palm Spring were made without the prior consent of FBDC, and are contrary to the designs and plans that were previously submitted by FPSCC and approved by FBDC,” the complaint said.

“The conversion and reconfiguration are thus unauthorized and constitute a direct violation by FPSCC of its obligation under the Deed of Sale to seek the prior written approval of FBDC of its designs and plans for the Fort Palm Spring,” the complaint added.

The master plan the firm submitted to FBDC showed a total of 225 parking slots, which were reduced to 108 slots after the conversion. The minimum requirement for parking slots in every building at Global City is 144.

FBDC said the conversion of the parking floors would “destroy” the masterplan and affect all residents and unit buyers, apart from violating the building designs and plans.

The conversion of the three parking floors allowed Fort Palm Spring to sell roughly an extra 4,400 square meters of residential space.

Fort Palm Spring, however, denied any knowledge of the restrictions and said the conversion was approved by Taguig officials and the Bonifacio Estate Services Corp.

According to the property firm, it submitted the building design and plans to the Housing and land Use Regulatory Board prior to construction.

But the court dismissed the firm’s argument and in its order said “evidence at hand “show that the 5th, 6th, and 7th floors are parking floors.”

Acosta said that despite Fort Palm Spring’s denial of knowledge, “defendants own evidence show that they had full knowledge (of the restrictions) and actually submitted its documentary requirements.”

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