Developer, Homeowners Disagree on Facilities’ Management

Fadekemi Ajakaiye

Homeowners in Treasure Park & Gardens estate in Simawa, Ogun State have said they are gravely concerned that, according to them, they are been treated as tenants  in an estate where they bought land and built their homes.

But the developer of the estate, Adron Homes has since dismissed this claim, stating that at no point were the homeowners given the impression that they owned the estate.

The dispute is about who will manage the estate’s facilities. They set about resolving it at the Ogun State Multi-door Court House, where they went for mediation, but they alleged that the developer refused to sign the agreement reached at the mediation centre.

They said, “We have concerns regarding why a corporate entity like Adron Homes would choose to openly disregard a court order. The company drafted the contract we both signed, and in doing so, included a comprehensive dispute resolution process that spans from mediation to potential court litigation.

“We are perplexed as to why the company is now so resistant to mediation and litigation that it would choose to ignore court orders, thereby adversely affecting customers who sought judicial clarification on the contract they entered into with it.

“Additionally, we are troubled by the company’s decision to unlawfully disconnect some residents from the national grid while they are still actively subscribed to power services.”

They explained that these worries and the unhealthy relationship between them and the developer, which failed to improve, compelled them to take the matter to Ogun State Multi-door Court House for mediation.

Among other things, the property owners prayed the court for a declaration that, having purchased the land outright and paid for the development of the facilities, they are not tenants and should not be treated as such.

They also prayed for a declaration that the developer does not have the right to take unilateral decisions in managing the estate, such as appointment of security outfit and personnel in the estate, restricting access of the property owners through the introduction of access code and naming of streets.

Regardless, the developer debunked all the claims made by the property owners, as a team of lawyers from Afe Babalola (SAN) (Emmanuel Chambers), representing the developer,  insisted that  it did not sell land to the buyers with the understanding that they would own the estate.

The team led by Ola Faro stated that contrary to the property owners’ claim, the company bought the land, constructed perimeter fence, estate gate, the layout and graded roads before selling to the buyers.

The lawyers insisted further that the terms of purchase were that the developer would manage the estate, not the property owners, as contained in the Deed of Restriction and Management and letters of provisional allocation of plots.

It is on the strength of this that Adron Homes has gone ahead to manage facilities in the estate without recourse to the property owners, disconnecting electricity supply to the houses of some property owners who allegedly failed to pay N250,000 annual facility maintenance levy imposed by the developer.