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WITHOUT PREJUDICE

17 July 2020

_____ Homeowners Association


___

Dear Sir or Madam:

Greetings!

This communication is with reference to the on-going construction on my property located


at _____.

As you may be aware, in ___ 2020, I began the construction of a house intended merely as a
storage facility for my personal use. As required by the HOA, I forwarded the required pre-
construction documents which include among others, the perspective of the house. The
long and short of it is that the house has neared completion. However, just recently, I was
notified that I might have violated the setback or easement requirements as per our Deed of
Restrictions.

With all due respect, at this point of the construction stage, rectifying the construction to
comply with the easement and setback requirements will be costly and highly prejudicial for
my part. To be honest I relied on the fact that a number of homeowners and even officers of
the HOA have used their properties in the same way as I did. While I am aware that it is not
a justification to breach the restrictions, I wish to emphasize, that all homeowners similarly
situated as myself, are merely desirous to maximize the full potential of our respective
properties.

With a meager 200 square meter lot area, strict compliance with the setback requirements
will leave me 100 square meters (or even less) upon which to build the main structure. The
use of the property will gradually require me, or any other lot owners for that matter, to
improve usage by expanding. And eventually, the setback requirements requirements will
be necessarily breached. This is naturally expected from all of us.

In light of the above, it is most respectfully requested from your good office, that leniency
and consideration be granted. The reasonableness of my plea is simple and straightforward.
I do not ask for a special treatment, as this should be applicable to all who are similarly
situated homeowners.

Finally, I wish to inform that I am willing to forfeit my construction bond in favor of the HOA,
as and by way of compromise.

I look forward to your positive response, and hope that the perspective from which I view
this matter will be appreciated and considered.

Sincerely,
Joel Pantig

Kindly consider this as our client’s final and formal demand. A negative response shall
constrain us to advise our client to elevate the matter to a full blown lawsuit for damages,
injunction, and other available remedies to protect his interests. To avoid a protracted and
stressful litigation, please give this matter your utmost attention.

In the meantime, all our client’s rights are expressly reserved and waives none.

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