Developer issues a notice to disallow sari-sari store

Hi,

I would like to know what response needed to developer who no longer owns the property. current Title is under our name, mortgaged to a certain bank. There are no restrictions annotated in the title that prevents us to build a sari sari store.

The developer sent a letter (coming from their property manager) that we are not allowed to build and require us to remove the sari-sari store within 5 days.

The question was, does the Developer has jurisdiction with our property? even our mortgage and sale has been executed in behalf of the bank, the title is under our name with bank annotation only.

Hi Ajlj

If your property is in an Executive subdivision you may have to comply to their strict guidelines. This may be stipulated in your contract with the developer when you purchased your property regardless if it is in-house or not.

However, even if it is not an Executive subdivision, so long as you still have signed a contract with them stating such restrictions, then you must comply.

Developers usually incorporate such clause in the contract to keep the integrity (aesthetically) and uniformity within the subdivision they developed, otherwise, stubborn homeowners will just do as they like thinking that "It is" their property.

If you are still in doubt you may request from the property manager a copy of the guideline where such restriction is indicated.

Hope this helped.

Thank you for the response, just to clarify there is a difference of "contract to sell" and "deed of restrictions" that the property manager's referenced their letter.

We have completed that conditions of contract to sell and that's why we have received the "deed of absolute sale" without annotation of restrictions during transfer.

Only the homeowner's authorized representative and majority simple vote can execute this type of notice if discussed and convened by the homeowners/members.

If your "deed of sale" does not have a clause stating such restriction or anything about your compliance with the "Developer's guidelines" then there will be no basis for them to stop you from putting up the sari sari store.

To further help you check if there is a clause in your deed of sale like below:
"Purchaser further agrees to abide the terms and conditions indicated in the Deed of Restrictions as well as any rules, regulations and policies that the Developer, Seller, and Management may enact or issue for the benefit of the project"

If such clause exists, then you have to comply to their Deed of Restrictions.

Considering there is still a property manager involved, check first if the authority has been fully turned over to the Home Owner's already, otherwise, the PM still has the authority to implement the rules.

There may be house rules of the association. confirm with the administration. you can challenge their basis for saying you are not allowed.