Reread the Bel-Air Soho complaint
Since turnover in 2009 there was no Annual Meeting as written of in the By-Laws for that year on the last Friday of August unless there is a legal holiday. There was no Annual Meeting in 2010 since an employee of Century Properties Management Inc made that decision.
http://sohocentralcondominium.blogspot.com/2013/03/evidence-of-knowledge_4.html
There was an Annual Meeting in 2011 where the unelected developer controlled Board walked out. In 2012 there was a meeting but there was the annoucement of lack of quorum. The meeting had also been moved and that delay was one month which is a violation of the By-Laws since there was no legal holiday on the date demanded by the By-Laws.
I will write to the SEC explaining all this to them. We will also make the petition for a meeting to be held as called for in the By-Laws given the history here which we will review for them and other government agencies.
BATAS PAMBANSA BLG. 68
THE CORPORATION CODE OF THE PHILIPPINES
THE CORPORATION CODE OF THE PHILIPPINES
TITLE VI —
MEETINGS
SECTION 50. Regular and special meetings of stockholders or members. — Regular meetings of stockholders or members shall be held annually on a date fixed in the by-laws, or if not so fixed, on any date in April of every year as determined by the board of directors or trustees: Provided, That written notice of regular meetings shall be sent to all stockholders or members of record at least two (2) weeks prior to the meeting, unless a different period is required by the by-laws.
Special meetings of stockholders or members shall be held at any time deemed necessary or as provided in the by-laws: Provided, however, That at least one (1) week written notice shall be sent to all stockholders or members, unless otherwise provided in the by-laws.
Notice of any meeting may be waived, expressly or impliedly, by any stockholder or member.
Whenever, for any cause, there is no person authorized to call a meeting, the Securities and Exchange Commission, upon petition of a stockholder or member on a showing of good cause therefor, may issue an order to the petitioning stockholder or member directing him to call a meeting of the corporation by giving proper notice required by this Code or by the by-laws. The petitioning stockholder or member shall preside thereat until at least a majority of the stockholders or members present have chosen one of their number as presiding officer. (24, 26)
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