Reply to 2013 Annual Meeting Memo & Proxy

UPDATE (07/16/13):  As I have now discussed the serious concern as far as the Chair obtaining votes due to the form being pushed on to Unit Owners (members), yes, votes obtained by the Chair without the full understanding & knowledge of the form being written with the clever wording will and need to be challenged.  The word and concept of fair and fairness is lacking with the managing of the building and Board.

 

Reply to 2013 Annual Meeting Memo & Proxy

I find it interesting that my email sent to Liza Bautista which she forwarded to the Board Secretary is now answered by the Soho Central Property Management Office.  This office in the building of Soho Central Condominium Corporation (SCCC) which is run by Century Properties Management Inc. does not answer the question as to who wrote the reply.  Who wrote the reply?  The only signature is Soho Central Property Management Office.  There is no such legal entity; it is only a location designation.

Someone needs to also explain to the board secretary that they are not a secretary to this new entity nor Century Properties Management Inc. but are secretary for the Soho Central Condominium Corporation.

The By-Laws do not have “suggested” forms and do not even hint at “suggested” forms.  What the By-Laws have is the required format.  But a new entity calling itself the Soho Central Property Management Office has a warning of validation as a threat.

Their snippy and rude remark on a “forum” for “legal redress” is a clever disarming sick joke.  Their form is a clever ploy giving the appearance of legality to achieve an ends which is more than the By-Laws require.

http://sohocentralcondominium.blogspot.com/2013/07/annual-meeting-memos-opposition-to-by.html

So there are at least three directors that are supposed to leave the Board but do they want the Chair to have the vote if the Proxy does not show up?  And also notice that the three Greenfield Board members and Meridien member are not on the email just the three unelected developer appointed Unit Owners who participate in private and secret Board meetings as well as Residential Area Committee meetings.  Has anyone seen the Minutes for these new meetings or all the Minutes for the Board as a whole?

As for the emails below, one is for the property manager, three for Directors to the Board who sign without their proper designation for the recent Residential Area Committee report and finally emails of Ryan & I.  A better email for me is sohocentralresident@gmail.com. 

The Board to me always seems to be hiding and meeting somewhere or other and now Liza Bautista has provided additional contact information for them below.  The thread of messages below are, of course, in reverse order from more recent to the initial message.

George DeCarlo

0927 381 9113

 

----- Forwarded Message -----
From: Liza Bautista < mmm.sohocentral@gmail.com >
To: geodecarlo@yahoo.com
Cc: sccpropertymanager.sohocentral@gmail.com ; Buenhijo.Diaz@interpublic.com ; ma.zenaida.garcia@gmail.com ; soljay@yahoo.com
Sent: Saturday, July 13, 2013 10:27 AM
Subject: FW: NOTICE OF ANNUAL MEMBERSHIP MEETING

Dear Mr. De Carlo,

As per our Corporate Secretary,

The proxy form and Secretary’s Certificate are the suggested formats. You may or may not accomplish them. You can use any format you want, subject to validation thereof.

We do not wish to argue further with you on the matter but if you are so bent on questioning the proxy form, there is nothing to prevent you from seeking legal redress in the proper forum.

Soho Central Property Management Office

 

From: Liza Bautista [mailto:mmm.sohocentral@gmail.com]
Sent: Friday, July 12, 2013 10:20 AM
To: 'George DeCarlo'
Subject: RE: NOTICE OF ANNUAL MEMBERSHIP MEETING

Hi Mr. George De Carlo,

Your concern are already forwarded  to our Corporate Secretary.

Thank you.

Liza Bautista

 

From: George DeCarlo [mailto:geodecarlo@yahoo.com]
Sent: Wednesday, July 10, 2013 9:04 PM
To: Liza Bautista
Cc: rize081476@yahoo.com
Subject: Re: NOTICE OF ANNUAL MEMBERSHIP MEETING

Dear Ms Liza Bautista,

The proxy being sent out is not legally recognized under the By-Laws of Soho Central Condominium Corporation.  In fact, last year we had done quite a bit of educating for Unit Owners about this proxy form being passed off as is now being done once again as though it were official in some manner which it is not.  Below is Section 8 of the Bylaws.  Please do not promote such a thing to us again.

http://sohocentralcondominium.blogspot.com/

By-Laws of Soho Central Condominium Corporation

Meetings of Members

Section 8. Proxy. – Any member or representative as defined in Section 4 hereof, may be represented by a proxy in all the meetings of the members of the corporation. The proxy must be in writing, designating the representative by name, signed by the member or the representative and duly presented to the Secretary for inspection and recording before the opening of the meeting.

Proxies shall be valid only either for the next annual or special meeting after the execution of the proxy or any adjournment thereof. The presence of the member at the meeting shall revoke the proxy heretofore executed by him and such member shall be entitled to vote at such meeting in the same manner and with the same effect as if he had not executed a proxy.

Sincerely,

George DeCarlo & Ryan Reyes

Units 2114 and 3506

--

George DeCarlo

0927 381 9113

 

From: Liza Bautista <mmm.sohocentral@gmail.com>
To: rize081476@yahoo.com; geodecarlo@yahoo.com
Sent: Wednesday, July 10, 2013 6:48 PM
Subject: NOTICE OF ANNUAL MEMBERSHIP MEETING

(This message had the original attachments of the memo and proxy.)

 

UPDATE (07/15/13):  I was sent the following text immediately after posting:

The simple truth is this, (a Unit) Owners' meeting of a condo association is first and foremost mandated to elect an owner represented board of directors or trusties. These officers oversee the conduct and credibility of the owners association, mandate transparency, enter service contracts and other functions to "insure" accountability. This is the main function of this board. Without soliciting persons who wish to be on the board via a pre-meeting request for nominees and having them provide a resume prior to the meeting, then the main function of that meeting is being intentionally avoided to keep control of such board by others.

As I have told our illegal board for the past 2 years, of which they made no real effort to gain a quorum, I could myself handle the process IF I would be given the list of owners and their contact information. The process is to simply send out a solicitation of interested persons, ask that they write a simple cover letter why they wish to be on the board and provide a resume for all owners to review. This is done 90 days prior to the election/meeting. The letters, resumes, list of nominees are then sent to all owners 45 days prior to the meeting (not less than 30 days) along with a proxy for absentee owners. With this process I managed to have a quorum and election of officers 100% of the time despite that 70% of my owners were absentees.

The requirement is only that each nominee must have residency at the property for at least 6 months and 1 day during the election year. Board members can still vote on issues while they are away via email.

This does not take a rocket scientist to figure out. 

[Unit Owner at another Century Properties building and former president of a homeowners association in the US.]