Amara En Terraza - The general Turnover sign now

Petition created by: Alexandra Siu

Subject: Amara Turnover

Good Day to all owners of Amara!

I am very pleased to notice that more owners are coming to Amara.

With the beautiful weather back and the holiday season approaching, Amara will start welcoming owners and their guests to the property after nearly three years of on-going construction. Some owners have already moved in, others, especially owners of Casa del Amor, will follow soon.

For those who moved a while ago and were unable to come back to Amara since May 2010, you will certainly notice a lot of changes around Amara. Progresses have been done but I have to warn you not to be fooled by what you see. It’s one thing to witness all the improvements done. It’s another thing to really make sure our investments will continue to grow over the upcoming years.

Be prepared for some disappointments concerning the amenities and, if you belong to the group of owners who really pay attention to details, you will witness defects throughout the buildings of Casa del Mar and Casa del Amor as well as the pavilion area (swimming pool).
- No drivers’ quarters*
- No fitness room
-No location for food concessionary such as café or mini store
- No reception at the Casa del Amor
- No elevator in Casa del Amor
- One elevator only functioning in Casa del Mar
- No master satellite and wireless connection
- No proper furniture for the property management office
- No outdoor tables and chairs for the pavilion where the swimming pool is located
- No decent enclosure for garbage collection
- The two fountains are not functioning
- The landscaping has not yet been completed with proper reserves for irrigation solutions**
- The bollards (outdoor garden lights) are partially out of order
- The door of the bathroom in the pavilion is out of order
- The main rotunda needs to be fixed properly due to poor craftsmanship
-The plates where are displayed the number of each condominium located on the side of the main door are still missing for some units
-The hardware to close the utility doors are still missing for some units
-No parking slots have been assigned for each unit. Each parking space needs a stopper to avoid damaging the stone wall and for security purposes.

(*)Owners who come in Amara with their drivers have to find on their own solutions to lodge their drivers. They have been reports of drivers sleeping in the reception area or having a siesta on the sundeck located on the 7th floor. This is not acceptable.

(**)We demand that Landco start the landscaping design while during the raining season and not to wait for the dry and torrid summer season to start this project. It would be a wrong move on their part.
Even though the Turnover has not been completed, the condominiums of Casa Del Mar and Casa Del Amor have been already occupied by their respective owners.

As all of you certainly know, The Turnover for Casa del Mar should have been finalized a long time ago. If you are not familiarized with the term Turnover, let me give you the brief following description:

The fact that most of us have been able to move-in our condominiums does not mean that the Turnover has been finalized. The interiors of the condominiums have been mostly turned over to owners at the time during which we have accepted our unit.

For your information, a second turnover has been initiated by Landco at the results of the large number of complaints received from owners regarding defects and cracks found in their units. From this, Landco has allocated a repair team and only the owners who have filed a report were the ones to benefit from it.

To be clear on this, the Turnover is the transition from Landco’s control to the Association and, at that time, numerous items must be provided by the developer to the Association. The list of those items is very vast (see list below). It does not only concern your unit, but the entire Amara development.

To bring you up to speed, a board of Directors has been formed awhile ago and it is composed of 2 seats for Landco Corporation and 3 seats for Amara owners. This board is in place for one year only, however, after that date, new members will be reelected by owners.

The developer turnover is the birth of a condominium and homeowners' association, and therefore it is very important for the unit owners to take control of the situation and make sure everything is done properly. The unit owners are at a distinct disadvantage at a developer turnover. They usually have not been organized and do not have the information and experience necessary to make decisions. Yet the situation often demands they make decisions that have a significant future impact.

Aside from the turnover, the most important time for the unit owners to be organized and to ensure that the developer is operating properly is when the developer remains in control of the Association and still owns units giving us the insurance that the developer still has a stake in the property and it has not dissipated its assets.
If it is the developer’s intention to allow the unit owners to participate in management of the Association, the developer should organize a turnover meeting prior the Turnover.

To protect ourselves, it is imperative that we know what we are entitled to receive at the turn-over, and that we act to protect our rights. It is stated that after election of the board of managers, the developer must deliver to the new board the following documents:
A. All original documents as recorded or filed pertaining to the property, its administration, and the association
B. the declaration, by-laws, articles of incorporation, and other condominium instruments (If any original documents are unavailable, a copy may be provided if certified by affidavit of the developer, or an officer or agent of the developer, as being a complete copy of the actual document recorded as filed)
C. annual reports (do you need to change the registered agent?)
D. minutes of all board and homeowner association meetings.
E. rules and regulations
F. contracts, leases, or other agreements entered into by the Association.
G. a detailed accounting by the developer, setting forth the source and nature of receipts and expenditures in connection with the management, maintenance and operation of the property
H. copies of all insurance policies
I. list of any loans or advances to the association which are outstanding
J. association funds
K. a schedule of all real or personal property, equipment and fixtures belonging to the association
L. documents transferring all property
M. warranties, if any, and deeds for all real and personal property and equipment,
N. title insurance policies
O. all tax bills
P. a list of all litigation, administrative action and arbitration involving the association
Q. any notices of governmental bodies involving actions taken or which may be taken concerning the association
R. engineering and architectural drawings and specifications as approved by any governmental authority
S. all other documents filed with any other governmental authority
T. all governmental certificates
U. correspondence involving enforcement of any association requirements
V. copies of any documents relating to disputes involving unit owners
W. originals of all documents relating to all of the above
I invite the members of the Board to acknowledge if the above documents have been provided to the board of Directors, especially to the attention of Mr. Carlos Pedrosa, Ms Cris Albert and Mr. Francisco del Rosario who are the Amara owner’s representations in the Board of Directors.

You have to understand that since we have no voice in this stage of our community life, the first Board is the one to set the tone of how this Association will be run for many years to come.
If not done correctly upfront, the same issues will keep coming up until efficient procedures are put in place and implemented. And, if professionally managed, it is the Board’s responsibility to ensure that Management is performing these tasks or else outside professional assistance may be required.

Until this time, we have still NO decent furniture in the pavilion with the exception of 7 plastic lounge chaises recently purchased, NO furniture on the sun deck and NO office furniture for the property management and, above all, NO reception and lounge area for Casa del Amor.

We don’t have a decent landscaping design throughout the entire Amara development. Where is the lush tropical landscaping that Landco has promised to all of us at the time of the purchase?

Developments have been progressing; but at a very slow pace, too slow in my opinion. It is only right that we demand that Landco allocate a larger team force to expedite the completion of the development as soon as possible.

We don’t want to wait any longer and be the one to suffer from the incompetence of the contractors. Landco is the one responsible for all the deficiencies and that is why it is their responsibility to resolve them prior the Turnover. All this can be done much faster if Landco is allocating the right and fair budget all at once instead of spreading it too far apart. At this pace, contractors will still be here next year. This is really intolerable since the grace period for the turnover has been long overdue and it is time that Landco finishes the job for good.

Please help us to make sure the Turnover will be completed in the advantage of all owners of Amara. We need to be more prepared and more informed.

We are demanding with this petition that a general Turnover meeting must be organized as soon as possible. This meeting must be held in Makati to facilitate all owners’ attendance.

With this petition, we also demand that Landco expedite the Turnover with all the proper requirements.

Most of you, I am sure will prefer to enjoy some leisure time instead of dealing with these problems, but I can assure you that it is for our great benefit to act now and be vigilant before it is too late. Your investment will suffer over the years resulting from poor management, which will be unable to deal with the high maintenance crisis we will have to face.

We need your help —and the more names we have, the greater the chance that the developer will listen.

Thanks for adding your voice.

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Alexandra SiuBy:
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Petition target:
To Mr. Xerez-Burgos (Vice President of Landco Corp) and Mr. Caudal (Project director)

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Amara Home


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