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Section 5 - Use of Units, Common Areas and Limited Areas
5.1 GENERAL
A unit can be used by its Owner, his tenant, lessee, and their guests exclusively for residential purposes, subject to such restrictions as are provided in the MASTER DEED.
5.2 USE/MAINTENANCE OF INDIVIDUAL UNITS
5.2.1 The unit shall be maintained in good and sanitary condition. Nothing shall be done in the unit that will impair the structural integrity of the building.
5.2.2 Nothing shall be done or kept/stored in the unit that will increase the rate of insurance or may result in the cancellation of the insurance policy on the building and unit.
5.2.3 The external appearance of the building shall not be altered in any manner.
5.2.4 Air-conditioners shall be installed exclusively in the openings provided therefore. No additional air-conditioners, ventilators or other similar equipment may be installed in any unit without the prior written approval of EEFCC.
5.2.5 In cases of emergency, EEFCC reserves the right to enter units with the least inconvenience to the unit owner.
5.3 USE/MAINTENANCE OF COMMON AREAS AND LIMITED
COMMON AREAS
5.3.1 The Common Areas are for the common use of all the Unit Owners. Their use is regulated to enhance community welfare.
5.3.2 The restricitions on the use of Common Area Ground Floor Lobby are as follows:
5.3.2.1 Each unit shall be limited to a maximum of three (3) guests while waiting to be allowed access to the unit by the resident at any one time.
5.3.2.2 In excess of three (3) guests, the resident shall allow access to his unit within three (3) minutes upon arrival of guests or else his/her guests shall be asked to leave Essensa premises or be accommodated in a vacant function room with corresponding rental charges to the concerned resident.
(Approved dated April 5, 2007)
5.3.3 The Limited Common Areas are intended for the exclusive use of particular Unit Owners or their duly authorized representative. Other Unit Owners shall not obstruct nor interfere with the use of such limited common areas. A limited common area shall be used for the purpose for which it is intended.
5.3.3.1 All front doors of all units will be maintained in their current standard shade of finish.
5.3.3.2 Owner/tenants may use the areas on the left and right sides of their front doors only for furniture like a bench, a gallinera, potted plants or suitably decorative pieces. However, the maximum size for any piece should not exceed a depth of 24” and a width of 120”. The number of items displayed should be limited to two (2) plants or two (2) pieces of furniture only.
5.3.3.3 Paintings and other decorative items should not be hung on the walls.
5.3.3.4 In compliance with the Fire Code of the Philippines, no subject(s) of any kind are allowed in the fire escape landing and stairways.
5.3.3.5 The common hallways are not to be used as storage for any items or any objects
(Amended dated April 8,2003)
5.3.4 Storage spaces for lease are provided to the Unit Owners/Residents on a first-come-first served basis. Highly flammable or combustible materials and perishable goods are not allowed to be stored. Lessees of storage spaces should always lock the cages and properly arrange stored items.
5.4 DRIVING AND PARKING
Unit Owners and/or tenants must register their vehicles with the Property Management Office.
5.4.1 Each resident Unit Owner/tenant will be issued a maximum of three regular vehicle stickers corresponding to the parking spaces assigned to each unit. First three (3) stickers are FREE Of CHARGE. Only passenger-type vehicles (that is, vehicles for personal use) will be issued stickers. Stickers will not be issued for commercial utility vehicles.
5.4.2 In the case of Unit Owners/Tenants with more than three vehicles who wish to keep their additional vehicles in the compound, up to three additional stickers may be issued per unit subject to the condition that he will lease extra parking slots from other Unit Owners who have unused assigned parking slots. The e for additional/extra car sticker/s is P 100.00 pesos per sticker. (Amended per advisory dated Feb.01,2007)
5.4.3 The Property Management Office shall impose a fine on Unit Owners/tenants who park their vehicles on reserved visitors’ parking area.
5.4.4 Unit Owners, tenants, their drivers, and their guests shall observe the following traffic rules and regulations of EEF:
5.4.4.1 Only individuals who have a valid driver’s license shall be allowed to drive within the EEF premises.
5.4.4.2 Drivers operating vehicles within the EEF shall observe the maximum speed limit of 20 KPH.
5.4.4.3 Overtaking is strictly prohibited.
5.4.4.4 Drivers shall use the correct lane.
5.4.4.5 Drivers shall give way to the pedestrians.
5.4.4.6 Drivers shall not blow their vehicle’s horn indiscriminately.
5.4.4.7 Drivers shall not park their vehicles in the driveways or rotundas. Vehicles shall not be parked in a manner that may prevent the ready access to any entrance, exit or parking space by another vehicle.
5.4.4.8 While parked, engines must be shut off to minimize pollution.
5.4.4.9 Bicycles and other two-wheeled vehicles may be parked in their owners’ assigned parking slots. Otherwise, they shall be parked in the bicycle racks provided in each building lobby.
5.4.4.10 Visitors shall park in the designated visitors’ parking spaces. Unless authorized by the Unit Owner/tenant, visitors’ vehicles shall not be allowed to park in the residents’ parking areas.
5.4.4.11 All commercial vehicles regardless of ownership shall be prohibited from parking at the visitors’ parking spaces. Said vehicles may be allowed to use these spaces for loading and unloading purposes only which should not last for more than thirty minutes.
5.4.4.12 All vehicles personally used by bodyguards, drivers and other household employees shall be prohibited from parking at the visitors’ parking spaces. In case of violations, said vehicle shall be towed at the vehicle user’s/owner’s expense.
5.4.4.13 Drivers shall “TURN ON” the headlights while at the basement parking area.
(Amended dated July 14, 2003)5.4.5 Running of car engines for prolonged periods especially in basement parking areas is prohibited to avoid air pollution.
5.4.6 Unit Owners/tenants shall properly maintain their vehicles to avoid oil or other car fluid drips. Old tires, batteries and other materials and debris are not allowed to be stored in the parking slots.
5.4.7 The use of water hoses to clean the cars of residents is prohibited. “Clean-your-car boys” are not allowed in the EEF premises.
5.4.8 Vehicle repair work in any of the common areas is prohibited. Only emergency and minor repairs of motor vehicles or other equipment are allowed in the parking slots.
5.4.9 Disclaimer – EEFCC shall not be held liable for any loss or damage of any article, car/vehicle accessory or of the car/ vehicle itself while parked or operating in the compound. The Administration, however, will conduct an investigation into such incidents and submit an appropriate report to the EEFCC Board and the Unit Owner/resident involved.
5.5 LAUNDRY AND DRYING SPACE
5.5.1 Laundry – washing and pressing – should be done inside the unit only. Laundry and dry cleaning pickup service is available at the Ground Floor.
5.5.2 To maintain the premier condominium image of EEF, no laundry cage or exterior drying space was provided. The use of Laundry Dryer is recommended. Laundry may also be hung to dry only inside the units.
5.6 HOUSEHOLD EMPLOYEES, DRIVERS, AND BODYGUARDS
5.6.1 Domestic helpers, nannies, drivers, bodyguards and other household staff of residents shall be registered with the Property Management Office, upon their residency and/or employment in the compound, for purposes of issuance of identification cards.
5.6.2 The Unit Owner and/or tenant shall be responsible for all the actions of his household employees, drivers, and bodyguards as well as of other persons contracted to perform services for his household.
5.6.3 Household employees, drivers and bodyguards are not allowed to loiter or fraternize in the building lobbies and other common areas of the compound. Drivers are permitted to wait only in designated Driver’s Lounges located in the parking areas of their respective buildings. Household employees, drivers and bodyguards are allowed to use only the service elevators unless they are in the company of their resident-employers wherein they may use the passenger elevators.
5.6.4 All individual private contractors engaged by Unit Owners and/or tenants for maintenance, repair, service and/or security shall also be registered with the Property Management Office. The Property Management Office has the right to deny entry to any person or firm seeking access to a unit when the pertinent contract has not been registered.
5.6.5 Household employees, drivers and bodyguards shall wear their EEFCC identification cards whenever they are in the common areas of the compound.
5.6.6 Household employees, drivers and bodyguards are required to accomplish an exit pass when leaving the compound. A gate pass shall also be filled out listing any items that will be brought out of the complex. Both types of passes shall bear the signature of the Unit Owner and/or tenant (or his representative) to be valid. Any erasures or modifications on any part of the passes shall be initialed by the authorized signatory. Should a household employer opt to forego this procedure, he should submit written notification to this effect to the Property Management Office stating his desire to have his household employee(s), drivers and bodyguards exempted from securing exit/gate passes.
5.6.7 Household employees, drivers and bodyguards shall be properly attired, preferably in uniform.
5.6.8 Household staffs, drivers and bodyguards are prohibited from doing the following within the Essensa common area premises:
- Drinking alcoholic and / or exhibiting drunken and disturbing behavior.
- Being under influence of prohibited drugs
- Smoking
- Gambling
- Conversing boisterously
- Eating in the common areas
- Physical violence
(DRUNKEN AND DISTURBING BEHAVIOR means a driver is unruly, reeks of alcohol, and disturbs by his demeanor other persons in the facility)
(Revised dated sept.6, 2007)
5.6.9 Visitors of household employees, drivers and bodyguards are not allowed in the compound unless their visit is authorized by the Unit Owner or tenant employer. In this case, the visit should be conducted only within the employer’s unit or in the drivers’ lounge.
5.6.10 Employment transfer of a household employee, driver or bodyguard from an EEF resident to another EEF resident is prohibited to discourage pirating of household employees unless there is a clearance from the previous employer.
5.6.11 EEFCC discourages the employment of private bodyguards in the compound. However, if their presence in the compound is deemed necessary, their employers shall adhere strictly to the following rules:
5.6.11.1 The employer shall register his bodyguards and their firearms with the Property Management Office. Bodyguards are prohibited from displaying or handling their firearms in the common areas. Firearms maintenance shall be done only within their employer’s unit.
5.6.11.2 Outside of their employer’s unit, bodyguards are permitted to wait only in the Driver’s Lounges.
5.6.11.3 Bodyguards are required to adhere to the same rules of conduct as other household staff.
5.6.12 Common Areas Used by Drivers and Bodyguards
5.6.12.1 Drivers Waiting Lounge
EEFCC provides a waiting lounge for registered drivers and bodyguards of Essensa resident employers as a benefit to their employees and occasionally for drivers of visitors of Essensa residents. EEFC is not in any way obligated to provide this facility that is owned by EEFC as a common area. Waiting Lounge is open from 6 am to 10 pm. Air-conditioning provided from 8 am to 7 pm although Management has the right to curtail the operating hours or replace the aircon with exhaust fan and ventilators depending on the season and weather condition.
5.6.12.2 Drivers Sleeping Quarters
PERMITTED USAGE of this common area is temporary in nature and intended for REGISTERED EEFCC DRIVERS under special situations such as when a driver on duty arrived in Essensa at 10:00 pm or later in the night or is required by his employer to report at 4:00 am or earlier in the morning due to a planned trip. Use of the drivers sleeping quarters which is limited to four (4) times a month is only a privilege granted by EEFCC and which may be withheld at any time by management for whatever reason. A fee of P 250 per night shall be charged to the driver’s employer. The facility can only be used from 7 pm to 7 am of the following day by the driver who shall submit a reservation form signed by his employer to the Security Office.
5.6.12.2.1 Any broken item in the drivers sleeping quarters will be repaired or replaced at the expense of the identified violator or offender (driver) or the employer of the driver. Should the driver be unidentified, all drivers at the time of discovery of destroyed item or items will be billed equally.
5.6.12.3 Drivers, Subcontracted personnel and other authorized users of the common areas shall strictly comply with Section 5.6.8 of the EEFCC House Rules & Regulations. Furthermore, they shall be held responsible for maintaining the facility clean, odor free and pest free.
( CLEAN means neat, dust free, absence of trash or garbage, and other items like bottles, paper cups, plates, wrappers, for items, chewed gum, etc. ODOR FREE AND PEST FREE is defined as absence of leftover food items, soft drinks in a bottle, soda in can).
5.6.12.4 Violations of House Rules & Regulations under sections 5.6.8 and 5.6.12.3 shall be covered by the following provisions:
a.) 1st Offense – Written Reprimand addressed to Resident-Employer of the offending driver.
b.) 2nd Offense – Php 500 Fine with the letter to the employer
c.) 3rd Offense – Php 1,000 Fine. In addition, Housekeeping Committee will meet with the employee and the Concerned Employer to deliberate on the sanction to be given.
5.6.12.5 Violations of rule against drunken behavior, physical violence, keeping deadly weapons and gambling will be referred to the Security Committee who will meet with the employee and employer and deliberate on the recommended sanction against the offending employee.
(Approved dated sept.6, 2007)
5.7 PETS
5.7.1 Pets which are permitted in the EEF premises are limited to dogs, cats, birds, and fish. Each unit is allowed no more than one big dog or two small dogs or two cats and/or a reasonable number of birds and/or fish. Dogs are required to have anti-rabies vaccine and a proof of this shall be submitted to the Property Management Office.
5.7.2 Dog owners shall register their pets with Property Management Office.
5.7.3 Pets shall be confined within the unit only. Whenever they need to be taken out of the unit, they must always be on leash or similarly restrained, where applicable. For the safety of Essensa Residents, the use of muzzle for dogs is now mandated by the Board.
5.7.4 The Unit Owner and/or tenant shall be held responsible for any injury to person or property caused by his pet(s). The pet owner should clean any soilage produced by his pet(s) in the common areas of the compound. Pet excrement must be securely bagged and disposed of properly.
5.7.5 Pets are not allowed in the passenger elevators (other than service elevators), lobbies or seating areas of the buildings.
5.7.6 Pets should not be kept in the parking areas, roof decks, storage rooms, or other common areas.
5.7.7 Pets shall not be walked in the landscaped areas other than the designated pet areas.
5.7.8 Pets shall be moved in and out of the building using the service elevator or stairways only,
5.7.9 Storage of pet food inside the units must be in tight air containers to prevent infestation of rodents, cockroaches and other pests.
(Amended dated Nov.13, 2004)5.7.9 Penalties for Violations
5.7.9.1 The owner of an unleashed or unrestrained pet involved in contact with a person or another pet which results in injury shall immediately be required to remove the pet permanently from the compound.
5.7.9.2 When the injury results despite the fact that the pet was leashed or restrained, the Property Management Office will conduct an investigation to determine whether the offending pet should be removed from the compound. The extent of the injury and the decision of the offended resident to pursue the removal of the pet from EEF premises shall be given greater weight versus the efforts made by the owner to restrain the pet or prevent the injury.
5.7.9.3 Any owner who does not immediately clean the soilage produced by his pet in the common areas shall be penalized with an order of immediate removal of the pet from the compound.
5.7.10 EEFCC reserves the right to require the pet owner to remove from the complex any pet which has been the subject of any written complaint from a resident or which EEFCC finds to be a nuisance or danger to the community.
5.7.11 A fine of P 500.00 shall impose per excess of animal or pet per month
(Amended dated Nov.28, 2006)5.8 SANITATION AND GARBAGE DISPOSAL
The objective is to adopt a systematic manner of disposing garbage and in compliance to the Republic Act 9003 known as the “Ecological Solid Waste Management Program”. Implementing programs are as follows:
a) Ensure proper segregation at source, collection and disposal of solid waste;
b) Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste minimization measures;
c) Help ensure the protection of public health and environment;
d) Institutionalize residents’ participation in the implementation of national and local integrated, comprehensive and ecological waste management programs.
5.8.1 Residents and household members shall segregate wastes into wet (compostable) garbage to be placed in black plastic bags and dry (recyclable/non-recyclable) garbage to be placed in green bags. Garbage bags may be provided by Admin Office at cost.
5.8.1.1 To be placed in black plastic bag are “Wet”(bio-degradable) garbage which, shall consist of left-over food, fish entrails, fruit skin peelings, vegetables and other similar kitchen wastes. Resident shall make sure that wet garbage bags are properly secured to prevent spillage.
5.8.1.2 To be placed in a separate green plastic bag are “Dry” (recyclable) garbage which shall consist of bottles, paper, cartons, newspapers, magazines, all plastic containers, tin cans, scrap metal, glass, used oil placed in plastic bottles while dry (non-recyclable) garbage consisting of styropor containers, disposable diapers/napkins, cigarette butts, candy/medicine wrappers shall be placed in a separate garbage bag. Large items like newspapers, magazines and corrugated cartons may be bundled instead.
5.8.1.3 Pick-up time for dry garbage at the collection area (fire exit well) is 11 am while pick-up time for the wet garbage is 8 pm. Garbage which are not properly segregated shall not be picked-up and will be returned to the resident for segregation while garbage left at the collection area not at the designated collection period for dry or wet garbage shall likewise not be picked up and returned to the resident.
5.8.1.4 All housekeeping personnel dealing with collection of solid waste shall be equipped with gloves, masks and safety boots to protect them from the hazards of handling solid wastes. The collection area shall also be cleaned and disinfected twice a day.
5.8.1.5 Collected/segregated garbage shall be hauled out of Essensa on a daily basis.
The penalty for non-compliance shall be the non-pickup of un-segregated garbage and a P 500.00 penalty for every offense.
(Amended and approved dated July 12, 2006)
5.8.2 It is prohibited to burn trash anywhere in the compound.
5.8.3 The Unit Owner and/or tenant shall not dispose of, throw or allow to be thrown any material, item or substance from any window, door, terrace or common area.
5.8.4 The Unit Owner and/or tenant shall maintain the premises in a clean and sanitary condition at all times, free from obnoxious or unpleasant odor.
5.8.5 Personal garbage container(s) shall not be placed in any part of the building’s common areas.
5.8.6 The beating of rugs and/or shaking of dust clothes are prohibited in the roof decks, hallways and other common areas or outside of the windows of the unit.
5.9 SALE, LEASE, MORTGAGE OF UNITS
Subject to the other pertinent provisions in the MASTER DEED, a Unit Owner shall be free to sell, lease or mortgage his unit to any party provided that the covering contracts shall be first approved by EEFCC. Sale, lease or mortgage contracts not approved by EEFCC shall not be binding, valid nor enforceable against EEFCC and the buyer, lessee and mortgagee shall not enjoy the protection of any provisions of the MASTER DEED, the House Rules and Regulations and/or RULES AND REGULATIONS of the EEFCC.
5.9.1 All Unit Owners who intend to sell or lease their units shall notify the Property Management Office of their plans and submit to the Property Management Office the name and address and any other pertinent information on the prospective buyer or tenant as well as a copy of the contract of sale or lease.
5.9.2 No move-in or move-out will be allowed unless authorized by the Property Management Office. Such authorization will be granted only upon the issuance of a Certificate of Management which states that the previous owner (in the case of a sale) or present owner/lessor (in the case of a lease) does not have any outstanding liability or obligation with EEFCC.
5.9.2.1 The Corporation is authorize to charge /impose a one-time Move-in/Move-out fee of Ten Thousand Pesos (P 10,000.00) per year upon all unit owners, residents and/or tenants of the Corporation to cover for any and all costs, expenses or damages arising out of or in connection with moving in or moving out of any particular unit.
(Approved dated Dec.10, 2003)
5.9.3 The Property Management Office shall be informed, in writing, of any move-in or move-out at least one week before the event.
5.9.4 In the case of a lease undertaken directly by a Unit Owner with his tenant, the Contract of Lease should contain the following provisions:
5.9.4.1 An expressed agreement providing for the payment of monthly dues and other assessments and the settlement of back accounts, if any, by either the lessor or the tenant.
5.9.4.2 An undertaking by both the lessor and the tenant to hold themselves jointly and severally liable and responsible to EEFCC for the payment of monthly dues and other assessments in the event that the party named in the Contract of Lease as responsible for the payment fails to comply with the obligation.
5.9.4.3 A statement indicating that the lessor transfers to the tenant sole privilege, associated with the condominium unit, of availing of the facilities and amenities of Essensa East Forbes.
5.9.4.4 All Unit Owners should furnish the Property Management Office with a copy of the duly approved, signed and notarized copy of the Title or Contract of Lease prior to the move-in of the new owner or tenant.
5.10 LIEN/SUIT ON UNIT
The Unit Owner shall advise EEFCC, in writing, of every lien on his unit or every suit or proceedings that may affect the title of his unit within five (5) days after knowledge thereof.
5.11 ADDRESS OF NOTICE TO UNIT OWNERS
5.11.1 All communications and billings to the Unit Owners by EEFCC shall be addressed and sent to their respective units in the EEF premises, unless another address shall have been previously given in writing.
5.11.2 All promotional materials or pamphlets from outsiders for direct distribution to unit owners and residents will be disallowed to control junk mails. This should be endorsed through concierge or the Property Management Office.
(Approved dated April 8, 2003)
5.12 REAL ESTATE BROKERS AND AGENTS
5.12.1 Only real estate brokers or agents duly endorsed by a Unit Owner to sell or lease his unit will be recognized by the Property Management Office and granted access into the premises. The broker or agent should present a written endorsement from the Unit Owner authorizing them to undertake the actions necessary to disposing of the unit.
5.12.2 Authorized brokers or agents should closely coordinate their activities with the Property Management Office. They should give the Property Management Office (through the building Staff Assistant) prior notice of any scheduled inspection of units by perspective buyers or tenants.
THE BROKERAGE GROUP OF CENTURY PROPERTIES, INC. CALLED CENTURY PROPERTIES’ ASSET MANAGEMENT PROVIDES THE NEEDED EXPERTISE AND EFFICIENCY TO MANAGE THE SALE OR LEASE OF YOUR UNITS. PLEASE CALL CPI SALES OFFICE AT 818-4485 or 819-1348.