iNTRODUCTION

THE ALL NEW "CAMBRIDGE VILLAGE SCAM" SITE

With what could be the demise of a facebook site, it is time it seems to use blog sites again where you have freedom of speech.

So again we will try and keep the public up to date with the truth, the facts and the developers lies behind Cambridge Village in Cainta, Philippines.

A project born on a developers lies, and deception, this project is a perfect example of how not to develop a comdominium project in the Philippines. 

Empire East Land Holdings Inc, a developer of allegedly good repute has for some 9 years now been developing and selling this project even though it has little of the authority required to develop and sell a condominium project in the Philippines.

Through deception, through misleading information, and with violations of PD957, the Condominium Act and Housing and Land Use Regulatory Board (HLURB) orders the developer contines to sell and develop this project.



There is no License to Sell, no Certificate of Registration and no Development Permit for most of this project.  For the latest Phase of the project "Central Park, the developer has not even got "Advertisement Approval".

So we will try and explain what has gone wrong with this project, and the effect it has on unit buyers.

THE HISTORY OF CAMBRIDGE VILLAGE

On the 29th April 2002 a Memorandum of Agreement was signed between Gilmore Property Marketing Associates Inc, known as the "owner" and Empire East Land Holdings Inc, known as the "developer".  The two companies contributed land into the project, Gilmore contributing the largest parcels of land, and allowing the developer to have complete control over this new condominium project called "Cambridge Town".

By the 28th June 2002, the developer submitted its application for "Cambridge Village" with the Housing and Land Use Regulatory Board (HLURB).

On the 4th September 2002, the HLURB approved the Development Permit for what was known to be Phase 1 of the project.  621 residential units and 94 commercial units spread through 13 "Clusters" ranging between 2 and 3 storeys high.

It is not until the 16th January 2004 that Empire East Land Holdings Inc secures a License to Sell and Certificate of Registration for this project.

Then we wait until the 5th of July 2007 before the developer secures a Development Permit for Phase 2 of the Project, known as :Fordham".

On the 8th August 2008 Empire East then secured an "Alteration of Plan" approval from HLURB for Phase 1.

In April 2009 Empire East applies for Phase 3 of the project which is some 24 clusters of varying height, including Clusters 9, 10 and 16 to 37.  No permits or licenses were issued by HLURB on this phase.

That then in relation to permits and licenses issued by HLURB is it for this project.  A project which will total some 37 Clusters, and 5, 200 units has seen little approval from HLURB. 

In fact we are left with the following scenarion.  The original Phase 1 had all required HLURB approval.  Phase 2 got a Development Permit, but no License to Sell or Certificate of Registration.  Phase 3 got no Development Permit, no License to Sell and no Certificate of Registration.

For those who are not familiar with these licenses and permits, these are the basic requirements required for developing a condominium project in the Philippines!  So not since 2004 has the developer had all the required HLURB approvals for thsi project!

HLURB PERMITS AND LICENSES

Let us explain the permits and licenses:

LICENSE TO SELL

This gives the developer authority to sell the project.  A developer has to meet HLURB criteria and requirements for issuance of a License to Sell, this includes providing a sample copy of "Contract to Buy and Sell", Master Deeds, and a 20% security bond equivalent to 20% of the development cost of the project applied for.  This is held as a guarantee by HLURB so they can finish off the development if the developer fails to.

CERTIFICATE OF REGISTRATION

This is issued by HLURB again when they are satisfied with the developers application and submitted supporting documents in relation to business details, finances etc.

Development Permit

Again this is issued by HLURB, when they are happy with the site plans and technical information for the project.

I have simpified things and omitted a variety of other requirments and documentation that is needed for these Permits and Licenses but this just gives a basic idea what is required.

WHAT IS THE PROBLEM BETWEEN HLURB AND EMPIRE EAST?

Empire East finds itself in a position where it cannot get HLURB approval for its applications, so why is that?!

Well we are not HLURB, but we are aware of certain information taken from HLURB files. 

Empire East originally applied for Phase 1 of the project as 6 clusters, 5 storeys high, housing some 360 residential units.  This was as of 28th June 2002, but by 16th January 2004, the License to Sell was for 13 clusters ranging between 2 and 3 storeys high, housing some 621 residential units and 94 commercial units.

The developer went through 3 versions of the Master Deeds for this project, before the 3rd one was accepted by HLURB on the 6th June 2004.  This Master Deed dated 15th December 2004 is the latest Master Deed.  The major problem then is the developer altered and changed the project, firstly without notifying HLURB, without notifying unit buyers, and then did not alter the Master Deeds for this project. 

It was only a HLURB site inspection in March 2005 which showed that the developer had changed its plans and was altering the project.  The approved 2 to 3 storey high Clusters were now being built to 6 storeys high. 

Whilst Empire East is asked to expain its actions, it is Megaworld Corporation who at the end of 2005 apply to alter the project!  With much complication, it seems that nothing is done on this application, and Empire East then themselves apply in January 2008 for "alteration of Phase 1" which gets approval on 5th August 2008.

But during all this time, through all these years, the developer has been selling the project far in advance of its License to Sell, and is building a project different to that approved by HLURB.  Unfortunately Building Permits are not the responsibility of HLURB, they come under Cainta Engineering Office, who for whatever reasons were satisfied with the developers plans and issued Building Permits, whilst HLURB was approving nothing.

The alteration of plans on the 5th of August 2008, saw Phase 1 reduced from 13 clusters to 8, and these Clusters now being 6 storeys high!

Whilst the 5th of July 2007 had seen HLURB approve the Development Permit for Phase 2 of the project, no License to Sell or Certificate of Registration was approved.  We now saw that Phase 2 was 5 clusters of 10 storeys high.  There is no indication which Clusters these are, but HLURB approved them for a Development Permit only.

For both of these phases, Empire East did not supply amended Master Deeds, and we are not aware of any performance bond being issued either.  Further, new residents were unhappy with the project.  Letters of complaint went in, culminating with a "petition" against the proposed multi level car park building.  Originally unit owners believed they were having ground floor parking, now they were subjected to "off site" parking in a multi level car park.

In April 2009 the developer applied for Phase 3 of the Project, with a background of complaints about the car park, and then a multitude of formal complaints being filed in their legal department, we saw HLURB issue no approvals for this phase of the project. 

CAN THE ISSUES BE RESOLVED?

Unfortunately the developer has been in violation of the Presidential Decree 957, and the Condominium Act RA4726 and RA7899 since it applied for this project back in 2002.

A major issue is the actual alterations to the development of this project.  Firstly, unit owners whould be pre-notified of any changes, then there should be a vote by the members of The Cambridge Village Condominium Association Inc on whether they agree to the proposed changes.  It just requires a simple majority to pass or disapprove the alterations.  If approved, then the alterartions mucst be approved by the Municipal Engineering Officer and HLURB.



Empire East has not been following these procedures, and has carried on altering the project without "buyers consent" or even HLURB approval!  So how can the developer pre-notify unit owners when it has already carried out the alterations?

The other main stumbling block is the Master Deeds for the Project.  These should reflect the project in its entirety, but they have not beeen changed since 15th December 2003.  So there are no Master Deeds to reflect this project as it stands today.  As of 8th August 2012 this project has 26 Clusters standing with occupants!  With Clusters ranging from 6 to 11 storeys high, this project has not in the slightest any reflection to the Master Deeds.

So unit owners find that their units and even their Clusters are not part of the Master Deeds.  So how does a unit owner get a Condominium Certificate of Title for their unit?  The very fact is you should not be able to get a CCT!  The Register of Deeds requires certain documentation to be able to issue CCT's to the "registered owner: for the first time.  These are:

So as we are aware, at many phases of this project, the developer has not got a License to Sell, Certificate of Registration, Development Permit or Master Deeds.  So it shoudl not be issued CCT's and therfore cannot transfer them to unit buyers even if you have paid to do so!

So the transfer of CCT's is an issue, compounded by the fact that HLURB since October 2009 has written letters to the Register of Deeds at Cainta and Binangonan requesting them not to transfer CCT's to unit buyers at Cambridge Village.

So the Register of Deeds is now involved in the issues with Cambridge Village.  We are aware CCT's have been issued and transferred when they should not have been, and we have filed our complaint with the Land Registration Authority.

HLURB also has a problem with the increasing number of complaints filed by unhappy unit buyers.  Whilst if has filed formal complaints, some of us residents also send in letters of complaint which HLURB has to take notice of. 

The other factor is that HLURB has several Cease and Desist Orders in place as the developer has been in violation of HLURB instructions, and the provisions of PD957.  These orders state that the developer is to stop selling and to stop collecting amortisation payments from unit buyers, but it still continues to do so.

The developer has written to HLURB that it will still sell this project for the livelihood of its sales staff even thoughit realises it is a violation of HLURB orders!  So that is the developers excuse for breaking the provisions of PD957, great.

We will continue to publish more information on this site, especially if we have seen the end of facebook page Cambridge Village Scam.

We are happy to entertain any questions or comments or advice.