The Revised Memorandum of Agreement Suggestions

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ere are comments and suggestions by a homeowner on the Revised Memorandum of Agreement between the Maynilad and the Association.

1

 Rights & Obligations of MAYNILAD

Par. 1[b]. I suggest that the last phrase “bill the Association therefor”  should read “bill the ASSOCIATION or the homeowners direct therefore;”  Indeed, the homeowners will get billed directly.

Par. 1[h]. I suggest to insert “should  the full amount of the bill remain unpaid …”  This is to ensure that the homeowner pays not only his water consumption but also the cost of secondary pipes and the service connection fee stated in the bill.

2

 Rights & Obligations of the ASSOCIATION

Par. 2[a] Why should Maynilad not be the one responsible “to engage” [choose their sub-contractor who is competent/knowledgeable and with expertise to lay down the pipes for a fast and efficient flow and distribution of water?] I was just thinking that Maynilad, having the expertise, can supervise the job, and not the ASSOCIATION.

Par. 2[b]. In this provision, the ASSOCITAION acts as guarantor for those homeowners who may not pay his share in the second piping cost, despite his earlier commitment. Where will the ASSOCIATION get funds to pay for this, if it happens?

Par. 2[c]. I suggest the following insertions be made to conform to the Letter May 21’09 from the Water Committee.

“c… each individual member/homeowner … which includes The Cost of Water meter and the guaranty deposit of …, payable in six [6] equal monthly installments of  P1,190.40 per household.”

Par. 2[f]. Deed of Donation. I was just thinking  that maybe we should not rush the transfer of ownership of the secondary and tertiary pipes to Maynilad in light of the provisions in Section 3[e] granting Maynilad the right to terminate the MOA and DISCONNECT the water line in case of breach by individual homeowners/ASSOCIATION of any provision in the MOA. [What if a great number of homeowners do not pay after 1 or 2 installments of the service connection fee or say do not pay after the 5th or 6th installment of the cost of secondary pipes. These scenarios may be remote but I just raised this so our Board  can think of when it will be the proper time to execute such deed.

3

 Special Provisions

Par. 3[c]. After the phrase “[48] monthly installments”, please insert “as well as the service connection fee stated in Section 2[c] above, beginning on the first month’s ….”

Par. 3[e]. Due notice only? I suggest a period be indicated in the notice of termination [say 15 or 30 days or more] so that it is not terminated immediately. Then the ASSOCIATION may be able to do something so that the MOA will not be terminated.