Professional Documents
Culture Documents
-versus-
ORDER
O! 10 Jstruary 2oi& Cesar Carrbalejo, Rttfo "Bong" Iqlatag, Ricardo Metudo, Michelle
Tamayo and Consuelo Csragan (Caubal$o, et al.), tle members of the Board of Directors of
Avida Settings Nuvali Homeowuers Association, Inc. (ASNHOAI) elected on 16 October 2015,
filed a Petition with Application for Issuance of Cease and Desist Order beforr the Board of
Commissioners, docketed as HLURB Case No. HOA-A-18ou1-orog, praying for the following:
a) To declare invalld the Issuancr dated 08 December 2017 8rd the Issuanc€ dated
r9 December aorT;
b) To Order the Regional Director, HOA Head, Sheriff and Housing and Land Use
&biter, to cease and desist from entertaining any report, letter, pleading or
communication from the illegal or October eor6 board and the illegal
eg Decenber zorT borrd;
c) To order the Regional Directors, HOA Hea4 Housing and Land Use Artiter atrd
Sherff to enforce and satisf &e WCt with fi:llforte of r.Ie law under penalty of
contempt;
d) To order Pub[c R€spondents to solely and exdusively hans&ct wittr aral act
thmrrgh re_ject-any document or report coming from the i[egal
-Petitioner -and
or October 2ot6 boatd and illegal zg Decembcr zorZ b6ard;
e) To order the HOA Head srd the Regional Dirrctor to issue a Certification
categoricaily stating that the petitioner is ttre iucumbent board for the
infomation and guidancc of banla, eontractors and other inteleated persons.
1
In a letter, dated 3o January zor8, Cesar Caubalejo, on behalf of the Board of Direcors
and homeowuers of ASNHOAI, formally requested for the said Petitiotr to be treated as a merc
complaint and not as a case. This came after tle HLURB-STRFO denied the request of
Caubalejo, et ol. for a certification declaring them as the legal board pending the resolution of
tle said Petition. They maintain that the Petition was intended only to inform the Board of the
failure of the HLIIRFSTRFO to implement the Board's Decision, dated zS July zor7, in the
above-captioned case. they allege that the group of Russel Girdler held an election on
z3 December 2017 causing confusion among ttre homeowners as to who the legal officers of
ASNHOAI ar€.
In view of the foregoing; the Board hereby refe$ the Petition, dated ro January zor8,
and Caubalejo's letter, dated go January 2018, to the HLtIRB-STRFO/Arbiter for proper action.
Accordingly, HLURB Cgse No. HoA-A-18o1r1-o1or3 is hereby cecelled.
SO ORDERED.
ATTY. G. PANGAN
Director, A Review Group
Copy Fumished:
Coryorate Docket - Avld.n Settin8 Nuvrlt Homcos!€r. AssocLdor! Inc. (ASNHOAD Sarta Rc., tatura