Dialogue Gathering Memo

Dialogue Gathering Memo

The gathering may only be described as what it was announced to be a Dialogue.  I cannot locate "dialogue" in the By-Laws or Master Deed.  So this was not an official meeting such as a "regular", "annual" or "special" or even a meeting of a Board committee.  Unit Owners being legal members of the Soho Central Condominium Corporation are not and have not been allowed to attend and witness official meetings.

The memo is below and these are links to remarks about the dialogue with its mention in the 4th quarterly report made on page 3:

http://sohocentralcondominium.blogspot.com/2014/01/the-racs-2013-4th-quarterly-report.html

http://sohocentralcondominium.blogspot.com/2014/01/residential-areas-committee-within.html

More Buying Advice

More Buying Advice

Drawings:  Sketches versus Plans versus Unit

I have now been told sad stories and the current turnover of another building in Makati.  Due to the shock presented to the buyers, I have additional advice.

Past advice has included the obvious talking with many people about the purchase and then getting the book, Guide to Homeownership, by Armando Ang.  Read it carefully as well as the article you may click at the right of this page.  Along with his advice is to get the Master Deed and By-Laws as well as all other significant documents.  I would add that speaking with a lawyer well versed in real estate issues is a good idea if not essential.

Ang's book was last updated in 2009 but is still quite relevant.  Also in 2009, there was the case Valle Verde vs Africa.  So with this and many other matters read at this blog and elsewhere, I would strongly suggest a great deal of conversation and questions written that need to be answered.

As for another suggestion, keep and review your sketch of the floor plan for potential buyers.  Compare that to any follow-up plan given upon turnover and compare both to the unit and what you are paying for as far as square meters which you need to measure.  A troublesome privacy and security issue with the shock some have now seen might be avoided a little earlier.

In addition to the above sketch and plans, go to the city engineer's office and get a copy of the floor plan that would, of course, include BALCONIES & COLUMNS, which are treated for tax purposes in the same manner.  Again, look at all three drawings.  If the city engineer does not have plans or a file as was experienced by someone I know who tried getting such information in Taguig for their building, I know of another place.  Contact me for that source.

Compare all these drawings and then think.  Any emphatic clause about changes ( http://sohocentralcondominium.blogspot.com/2013/12/symposium-needed-on-contract-law-or.html ) would then possibly involve the government.  After your review of the collected information, contact a lawyer for advice.

Again, I no longer trust any sketch plan for ads to entice buyers or the "plans" that are presented at turnover with possible or supposed changes.  These must be compared to the approved architectural/engineering plans at the city engineer's office.  Then you would see precise government approved plans that may have been altered for the sketch and plan at turnover.

Missing Change.org Petition's Comments

Missing Change.org Petition's Comments

Prior to the petition being taken down - http://sohocentralcondominium.blogspot.com/2014/02/missing-changeorg-petition.html , the following is some of what was written at the petition website and comments made by some of those who signed the petition.  The petition website had at least one major revision as far as commentary and photos that I had seen.  The commentary at the beginning of this was just some of that with the individual comments of petition signers after.

 

(Click here for a .pdf of the Comments.)

Open Board and Committee Meetings

Open Board and Committee Meetings

It is time that Unit Owners, members, of the Soho Central Condominium Corporation be allowed to witness and then be given the chance to speak at Open Board and Committee Meetings.  Meetings properly run with matters dealt with in view of Unit Owners and Unit Owners in an orderly fashion allowed to comment must finally be initiated.

The routine of private & secret meetings dealing with the matters of the condominium corporation have been allowed to exist by the unelected Board members since turnover in 2009.

The Unit Owners need to gain control of their building and money.  The Unit Owners need a chance to regularly voice their opinions.  The Unit Owners need to witness the activity of the Board and Committee meetings so they are no longer left in the dark.  The Unit Owners have for too long endured a building that shows continual problems.

All those running for the Board need to state clearly their support for Open Board and Committee Meetings.

Sunshine

Sunshine

United States Supreme Court Justice, Louis Brandeis, had made the following quote and the ideas it contains were a part of his philosophy when practicing and judging the law.

"Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman."

Those in the legal profession in the United States and elsewhere around the world would be most familiar with the second sentence,  "Sunlight is said to be the best of disinfectants."  This refers to a call for openness.  Openness not only for government at all levels but for all of society and its people involved in various parts thereof.

The struggle in the US and what I have read in the papers in the Philippines is to implement such an idea to allow all those affected by actions taken to be able to know and judge what has and is being kept from them.

Mailbox saga continues

Mailbox saga continues

Believe it not the mailboxes are being rebuilt in the lobby and appear taller.  So I would assume that they are a permanent feature in the lobby and not off the lobby in the backroom area.  This is the second attempt.

I was told that someone showing a client a unit was asked by the client if the lobby was a workshop.  I have not smelled the cement glue-like odor as of today that was present the last time but the dust, of course, has returned.

I had written about these in the past and I ask again, how was this decision made and why were prefabricated mailboxes not installed in the back area.  If there were open meetings and not private & secret meetings members who are Unit Owners of the Soho Central Condominium Corporation would have questioned and offered their ideas and assistance for an improved mailbox setup.

So why fail once when it is possible to fail twice.

Missing Change.org petition

Missing Change.org Petition

The petition page with a link that many had received invitations to and then automated replies is now gone if you were to click this link:

http://www.change.org/petitions/century-properties-developers-and-property-managers-of-gramercy-knightsbridge-residences-acqua-private-residences-etc-address-our-concerns-on-questionable-miscellaneous-fees-high-association-dues-internet-subscription-quality-of-materials-etc

The following is the message many had gotten after signing the petition which requests to ask others to do the same.  Perhaps someone may explain why the petition was removed.  If there is an explanation, please give your thoughts to that, too.

 

(Click here for a .pdf of the message.)

 

***

 

(Click here for Comments that had been made at the petition.)

Articles 315 & 316 - Crimes Against Property and Presidential Decree No.1689

Revised Penal Code of the Philippines
Book Two - Title Ten 
CRIMES AGAINST PROPERTY

Chapter Six 

SWINDLING AND OTHER DECEITS 

Art. 315. Swindling (estafa). — Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by:
1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed under the provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be.
2nd. The penalty of prision correccional in its minimum and medium periods, if the amount of the fraud is over 6,000 pesos but does not exceed 12,000 pesos; 
3rd. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period if such amount is over 200 pesos but does not exceed 6,000 pesos; and 
4th. By arresto mayor in its maximum period, if such amount does not exceed 200 pesos, provided that in the four cases mentioned, the fraud be committed by any of the following means: 
1. With unfaithfulness or abuse of confidence, namely:
(a) By altering the substance, quantity, or quality or anything of value which the offender shall deliver by virtue of an obligation to do so, even though such obligation be based on an immoral or illegal consideration.
(b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property.
(c) By taking undue advantage of the signature of the offended party in blank, and by writing any document above such signature in blank, to the prejudice of the offended party or of any third person.
2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits.
(b) By altering the quality, fineness or weight of anything pertaining to his art or business.
(c) By pretending to have bribed any Government employee, without prejudice to the action for calumny which the offended party may deem proper to bring against the offender. In this case, the offender shall be punished by the maximum period of the penalty.
(d) [By post-dating a check, or issuing a check in payment of an obligation when the offender therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack of insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act. (As amended by R.A. 4885, approved June 17, 1967.)] 
(e) By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging house, or apartment house and the like without paying therefor, with intent to defraud the proprietor or manager thereof, or by obtaining credit at hotel, inn, restaurant, boarding house, lodging house, or apartment house by the use of any false pretense, or by abandoning or surreptitiously removing any part of his baggage from a hotel, inn, restaurant, boarding house, lodging house or apartment house after obtaining credit, food, refreshment or accommodation therein without paying for his food, refreshment or accommodation.
3. Through any of the following fraudulent means:
(a) By inducing another, by means of deceit, to sign any document.
(b) By resorting to some fraudulent practice to insure success in a gambling game.
(c) By removing, concealing or destroying, in whole or in part, any court record, office files, document or any other papers.
Art. 316. Other forms of swindling. — The penalty of arresto mayor in its minimum and medium period and a fine of not less than the value of the damage caused and not more than three times such value, shall be imposed upon:
1. Any person who, pretending to be owner of any real property, shall convey, sell, encumber or mortgage the same.
2. Any person, who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded.
3. The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person.
4. Any person who, to the prejudice of another, shall execute any fictitious contract.
5. Any person who shall accept any compensation given him under the belief that it was in payment of services rendered or labor performed by him, when in fact he did not actually perform such services or labor.
6. Any person who, while being a surety in a bond given in a criminal or civil action, without express authority from the court or before the cancellation of his bond or before being relieved from the obligation contracted by him, shall sell, mortgage, or, in any other manner, encumber the real property or properties with which he guaranteed the fulfillment of such obligation.

***

MALACAÑANG
M a n i l a

PRESIDENTIAL DECREE No. 1689 April 6, 1980

INCREASING THE PENALTY FOR CERTAIN FORMS OF SWINDLING OR ESTAFA

WHEREAS, there is an upsurge in the commission of swindling and other forms of frauds in rural banks, cooperatives, "samahang nayon (s)", and farmers' associations or corporations/associations operating on funds solicited from the general public;

WHEREAS, such defraudation or misappropriation of funds contributed by stockholders or members of such rural banks, cooperatives, "samahang nayon(s)", or farmers' associations, or of funds solicited by corporations/associations from the general public, erodes the confidence of the public in the banking and cooperative system, contravenes the public interest, and constitutes economic sabotage that threatens the stability of the nation;

WHEREAS, it is imperative that the resurgence of said crimes be checked, or at least minimized, by imposing capital punishment on certain forms of swindling and other frauds involving rural banks, cooperatives, "samahang nayon(s)", farmers' associations or corporations/associations operating on funds solicited from the general public;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order as follows:

Section 1. Any person or persons who shall commit estafa or other forms of swindling as defined in Article 315 and 316 of the Revised Penal Code, as amended, shall be punished by life imprisonment to death if the swindling (estafa) is committed by a syndicate consisting of five or more persons formed with the intention of carrying out the unlawful or illegal act, transaction, enterprise or scheme, and the defraudation results in the misappropriation of money contributed by stockholders, or members of rural banks, cooperative, "samahang nayon(s)", or farmers association, or of funds solicited by corporations/associations from the general public.

When not committed by a syndicate as above defined, the penalty imposable shall be reclusion temporal to reclusion perpetua if the amount of the fraud exceeds 100,000 pesos.

Section 2. This decree shall take effect immediately.

DONE in the City of Manila, this 6th day of April, in the year of Our Lord, nineteen hundred and eighty.

Sections 74 & 144 of The Corporation Code of the Philippines

THE CORPORATION CODE OF THE PHILIPPINES

[Batas Pambansa Blg. 68]

TITLE VIII

CORPORATE BOOKS AND RECORDS

Sec. 74. Books to be kept; stock transfer agent. - Every corporation shall keep and carefully preserve at its principal office a record of all business transactions and minutes of all meetings of stockholders or members, or of the board of directors or trustees, in which shall be set forth in detail the time and place of holding the meeting, how authorized, the notice given, whether the meeting was regular or special, if special its object, those present and absent, and every act done or ordered done at the meeting. Upon the demand of any director, trustee, stockholder or member, the time when any director, trustee, stockholder or member entered or left the meeting must be noted in the minutes; and on a similar demand, the yeas and nays must be taken on any motion or proposition, and a record thereof carefully made. The protest of any director, trustee, stockholder or member on any action or proposed action must be recorded in full on his demand.

The records of all business transactions of the corporation and the minutes of any meetings shall be open to inspection by any director, trustee, stockholder or member of the corporation at reasonable hours on business days and he may demand, writing, for a copy of excerpts from said records or minutes, at his expense.

Any officer or agent of the corporation who shall refuse to allow any director, trustees, stockholder or member of the corporation to examine and copy excerpts from its records or minutes, in accordance with the provisions of this Code, shall be liable to such director, trustee, stockholder or member for damages, and in addition, shall be guilty of an offense which shall be punishable under Section 144 of this Code: Provided, That if such refusal is made pursuant to a resolution or order of the board of directors or trustees, the liability under this section for such action shall be imposed upon the directors or trustees who voted for such refusal: and Provided, further, That it shall be a defense to any action under this section that the person demanding to examine and copy excerpts from the corporation's records and minutes has improperly used any information secured through any prior examination of the records or minutes of such corporation or of any other corporation, or was not acting in good faith or for a legitimate purpose in making his demand.

Stock corporations must also keep a book to be known as the "stock and transfer book", in which must be kept a record of all stocks in the names of the stockholders alphabetically arranged; the installments paid and unpaid on all stock for which subscription has been made, and the date of payment of any installment; a statement of every alienation, sale or transfer of stock made, the date thereof, and by and to whom made; and such other entries as the by-laws may prescribe. The stock and transfer book shall be kept in the principal office of the corporation or in the office of its stock transfer agent and shall be open for inspection by any director or stockholder of the corporation at reasonable hours on business days.

No stock transfer agent or one engaged principally in the business of registering transfers of stocks in behalf of a stock corporation shall be allowed to operate in the Philippines unless he secures a license from the Securities and Exchange Commission and pays a fee as may be fixed by the Commission, which shall be renewable annually: Provided, That a stock corporation is not precluded from performing or making transfer of its own stocks, in which case all the rules and regulations imposed on stock transfer agents, except the payment of a license fee herein provided, shall be applicable. (51a and 32a; B. P. No. 268.)

Sec. 75. Right to financial statements. - Within ten (10) days from receipt of a written request of any stockholder or member, the corporation shall furnish to him its most recent financial statement, which shall include a balance sheet as of the end of the last taxable year and a profit or loss statement for said taxable year, showing in reasonable detail its assets and liabilities and the result of its operations.

At the regular meeting of stockholders or members, the board of directors or trustees shall present to such stockholders or members a financial report of the operations of the corporation for the preceding year, which shall include financial statements, duly signed and certified by an independent certified public accountant.

 However, if the paid-up capital of the corporation is less than P50,000.00, the financial statements may be certified under oath by the treasurer or any responsible officer of the corporation. (n) 

TITLE XVI

MISCELLANEOUS PROVISIONS

Sec. 144. Violations of the Code. - Violations of any of the provisions of this Code or its amendments not otherwise specifically penalized therein shall be punished by a fine of not less than one thousand (P1,000.00) pesos but not more than ten thousand (P10,000.00) pesos or by imprisonment for not less than thirty (30) days but not more than five (5) years, or both, in the discretion of the court. If the violation is committed by a corporation, the same may, after notice and hearing, be dissolved in appropriate proceedings before the Securities and Exchange Commission: Provided, That such dissolution shall not preclude the institution of appropriate action against the director, trustee or officer of the corporation responsible for said violation: Provided, further, That nothing in this section shall be construed to repeal the other causes for dissolution of a corporation provided in this Code. (190 1/2 a)

2013 Special Meeting packet

2013 Special Meeting packet

Here is the only other meeting members, Unit Owners, of Soho Central Condominium Corporation were allowed to attend in 2013.  I know it is the same every year.  When will this routine end and Unit Owners gain full control of the building they have invested in so heavily?

This meeting had no quorum so no election was to take place.  Once again, only one Director is a holdover from 2009.  Three were appointed by holdover contrary to Valle Verde vs Africa (2009).  Three others were acclaimed in a pronouncement to have won their seats though the rule for the meeting of one vote per unit was not legal.  Our Board has some serious legal issues on its very existence and all decisions made since 2009 come into question.  Additionally, after the walkout of the Board during the 2011 meeting and after the three were pronounced, no subsequent meeting took place.  This is another serious legal issue.

Please open and even print both packets and compare them to each other making notes if needed.  They need to be fully examined and commented upon.  We will be doing the same plus adding to Minutes & Resolutions we have gotten.  So many documents have been denied access.  This is another serious problem.

I know the amount of material is extensive but along with others you may after several glances, skimming and full readings begin to discover and question as we have.  If all this material had been given throughout the years, every year many questions could have been answered sooner.  If there had been open meetings, many problems could have been avoided. If.  It is time we all work hard to eliminate the If.

 

(Click here for a .pdf of the packet.)

Renting? Speculating?

Renting? Speculating?

I was just speaking with someone about investing in units to rent.  They told me that back in the 90s the market as for renting was well worth the effort and very good.  But after 2000, the market for such easy ventures dropped.  I told them it seems many have not yet gotten the message.  This is a reminder on how we and so many other unit buyers were and still are being told that renting is an option when investing in the purchase of a condominium unit.

It is too bad so many did not and do not properly run the numbers as far as purchase price and all the costs associated with the buy along with subsequent loan payments against the current and realistic future rental charges.  If this were done, the gloomy picture many are facing would not now be their reality. 

Unless buying a unit at a fire sale price and all other factors carefully examined such as location, nearby flooding, etc., making a yearly profit on a unit will apparently not take place.  Additionally, values are depreciating with so many units coming online across Metro Manila within the next two to three years.  So even if one were to rent and hope for appreciation the risk seems too great.  And even if there is a small appreciation of a unit rented, the cost of repair to wrap that package nicely for sale will take from a potential profit.  And, is the time and aggravation worth the psychological expense?

I had written about renting in the past.  It is a gamble as was speculation.  Speculation is now over in the condo market with renting seemingly over, too, given current prices.

 

http://sohocentralcondominium.blogspot.com/2013/03/limit-rentals-or-investment-decline.html

 

http://sohocentralcondominium.blogspot.com/2013/04/why-condo-corps-fail-century-you.html

2013 Annual Meeting packet

2013 Annual Meeting packet

This packet is now scanned with a link here and to the side of the blog page along with other membership meetings.  There are other documents that still need comment which will take place in future posts to the blog or on past posts which were never finished.
 
The packet is quite large and will be examined in parts with separate posts made.  Of course, comment may be posted to a blog entry or you may wish to have a blog entry written dealing with a matter you see in the packet(s) or any other documents posted we have been able to obtain.  Just let us know.
 
There are Minutes and Resolutions in the packet.  These will be scanned separately and placed to the quick reference list on the right of the blog page.  We will be checking to see what may still be missing from the past.  As many know, we have been denied access to various documents.  Section 74 of the Corporate Code does not allow such action to be taken by a non-stock corporation such as Soho Central Condominium Corporation.
 
The Non-Answer to our 17 letters from November/December 2012 was quite sad and insulting.  But, we will continue to pursue what members of the condominium corporation have a right to see.
 
The Special Meeting which tried to gain quorum for an election failed to do so and also had a packet which is not the same.  That scanned copy is coming soon.

(Click here for a .pdf of the packet.)

A Secure and Pleasant Environment: Compare and Contrast

A Secure and Pleasant Environment:  Compare and Contrast

I am posting this to give information on Gramercy for what they are going through and also allowing us to compare and contrast just some common problems that may be greater at one than the other.  Unit Owners at all buildings must be given control of the condominium corporation without the long drawn out struggle with the noted problems for those speaking out and acting.  Read each of these and please comment to this post.

***

We had a problem here with someone who had been in the building and then was banned as I was told only to return. I was told at least some of the staff of the building knew he was back and only when he threatened to jump off the balcony was he removed. This is in the blog for Soho Central and that also explained the police coming here prior to the final event which no one knew why and the managing never told us. So many issues Unit Owners are left in the dark.

NBI busts drug ring in 3 condos

By Erika Sauler
Philippine Daily Inquirer | 2:48 am | Thursday, January 16th, 2014

Read more: http://newsinfo.inquirer.net/564641/nbi-busts-drug-ring-in-3-condos#ixzz2spNM5LGl

National Bureau of Investigation agents arrested six people believed to have links with Mexico’s Sinaloa drug cartel in raids on three luxury properties in Taguig and Makati cities early Wednesday, bolstering suspicions that the Latin drug trade had reached the Philippines through foreign and local connections.
The agents also seized “shabu” (methamphetamine hydrochloride),  cocaine and ecstasy pills worth P100 million in the raids on The Luxe Residences and One Serendra in Bonifacio Global City, Taguig, and on Gramercy Residence in Makati City.
Canadian Barry Espadilla and Filipino Tristan Olazo were arrested in the raid on The Luxe Residences, while Canadian Tara Leanne Hadden-White was arrested in the raid on One Serendra.
Canadian James Riach, Filipino Gibson Arca and Iranian-Canadian Ali Shirazi were arrested in the raid on Gramercy Residence.
The suspects’ arrest in luxury residential properties with their own security showed an advance in drug traders’ tactics to conceal their operations, the authorities said.
Augusto Eric Isidoro, executive director of the NBI Reaction, Arrest and Interdiction Division, said the raiding teams had difficulty entering the properties, as they had to ask for permission to enter from the building administrators despite carrying search and arrest warrants.
Isidoro said the suspects had evaded detection by renting apartments in the three posh properties. Such places are not easily penetrable to authorities, he said.
Sinaloa links
Justice Secretary Leila de Lima said NBI Director Medardo de Lemos informed her about the raid after 3 a.m.
She said investigators were looking into the suspects’ links with the Sinaloa drug cartel, Mexico’s biggest and deadliest drug network.
The NBI, she said, could not immediately determine whether the suspects were linked to Sinaloa, but an informant claimed that the seized drugs came from Mexico.
Drugs from the Sinaloa cartel were seized by police in a raid on a game fowl ranch in Batangas province on Christmas Day.
According to initial findings, De Lima said, the suspects had been operating in the Philippines for about seven months.
An informant tipped off the NBI about the suspects’ operations, leading to a two-month surveillance and the raids early on Wednesday.
Selling drugs

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Isidoro said the suspects sold drugs to prominent users in exclusive clubs and casinos like Club Haze in Bonifacio Global City and Republiq Club in Resorts World in Pasay City.

They also threw exclusive cocktail parties at Gramercy, where nitrous oxide or laughing gas was also seized, Isidoro said.
He said the suspects imported the substances from Mexico and Colombia, smuggling them into the country, recooking and repackaging them.
A kilo of cocaine could be increased to 3 or 4 kg after adding a substance called phenamine, Isidoro said.
The suspects learned to do it through the Internet, he said.
He said the suspects had admitted that some of the substances were unadulterated ecstasy, which they made into capsules with artificial flavors, such as strawberry and mango.
Convicted gangsters
Espadilla and Riach belong to the Independent Soldier gang in Canada where they face murder, weapons and drug charges, Isidoro said.
“They have been convicted of various crimes in Canada,” De Lima said. “I think this information was obtained by the NBI from the Interpol.”
De Lima said she was alarmed that the Canadians, who had been convicted of crimes in their country, managed to enter the Philippines and operate a drug ring in Manila.
She said the government would concentrate on the case and try to neutralize the Sinaloa syndicate’s operations here.
The Bureau of Immigration may have to tighten the screening of arriving foreigners, with the justice department working with the Philippine Drug Enforcement Agency and other offices to bust the syndicate’s foreign and local tentacles here, she said.
Tightening security
Following the raids in Taguig, Mayor Lani Cayetano urged building managers in Bonifacio Global City to be more strict with tenants and security.
Cayetano said property owners and managers should review their procedures and tighten their monitoring for illegal activities within their premises.—With reports from Jerome Aning and Jaymee T. Gamil

***

It seems Gramercy is one of the homes to exclusive parties. Did the Unit Owners know this would take place with all the costly security and rules imposed upon law abiding Unit Owners?
All is not well at Gramercy. I was also told more about the sad state it is falling into. No surprise to me just look at past buildings and patterns.

Why NBI men can’t crash drug parties

By Nancy C. Carvajal
Philippine Daily Inquirer | 1:29 am | Sunday, January 19th, 2014

Read more: http://newsinfo.inquirer.net/565823/why-nbi-men-cant-crash-drug-parties#ixzz2spOITJo0

High-end bars, the favorite hangout of the rich, young and famous, from celebrities to politicians, are so way up there that they now employ security personnel trained to spot undercover agents, according to an antinarcotics officer of the National Bureau of Investigation (NBI).
Eric Isidoro, supervising agent of the NBI antinarcotics section, spoke of the difficulty of penetrating such places in the wake of last week’s raids in Taguig and Makati cities which yielded caches of party drugs known to be peddled in exclusive nightspots.
Security people in these bars “not only turn a blind eye on (drug) users but are also trained to spot agents,” he said in an Inquirer interview Saturday.
“There were instances when our agents were already inside and then later asked to leave after they could not present membership cards. They were even frisked for hidden cameras,” Isidoro recalled.
Upscale condos
Agents also encounter a similar difficulty with upscale condominiums suspected of being used by drug syndicates as laboratories or safe houses.
“They recruit security personnel and pay them a lot of money to ensure law enforcers could not go up their units,” he added. “We do not have the resources that they have and we have to be more creative in finding ways to get inside.”

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The NBI arrested six people, including three Canadians, in early-morning raids at posh residences in Makati and Taguig Wednesday last week on suspicion that they were members of an international drug ring.

Seized during the raid were stocks of “shabu” (methamphetamine hyrdochloride), cocaine and ecstasy pills with a total estimated street value of P100 million.
The discoveries stoked fears that the Sinaloa drug cartel, Mexico’s biggest and deadliest drug network, had started operating in the country.
‘Huge breakthrough’
Calling the raids “a huge breakthrough,” Isidoro said the seized drugs included MDMA or methylenedioxy, which he described as “the new ecstasy” and “is only available through the Mexican drug cartel.”
According to the senior NBI agent, it is usually hard to tell if a person is taking MDMA since “it does not leave signs of abuse after short-term use.”
Having MDMA among the seized drugs could be a sign that the Sinaloa cartel “is testing the viability of their business here.”
In an earlier Inquirer interview, Isidoro said the suspects arrested in the Jan. 15 raids sold drugs to users at exclusive clubs and casinos like Club Haze in Bonifacio Global City in Taguig and Republiq Club in Resorts World in Pasay City.
They also threw exclusive parties at Gramercy Residence in Makati City, he added.

***

*I am posting this link along with two previous posted links as a warning and observation. Besides any other issues and problems Gramercy may have these notable incidents as reported in the media seem to be heading the building to an environment that is not healthy. It is quite sad for any Unit Owner who has spent their money to face such a prospect.

Deniece, Cedric seen showing off Vhong's video

(This url leads to a page where the contents have been replaced by "You are not authorized to access this page." So you will see in the next link below the contents which have been removed.)  http://www.abs-cbnnews.com/entertainment/01/27/14/deniece-cedric-seen-showing-vhongs-video

(This is the cached contents of the website since the url has the contents deleted.)http://208.71.46.190/search/srpcache?ei=UTF-8&p=http%3A%2F%2Fwww.abs-cbnnews.com%2Fentertainment%2F01%2F27%2F14%2Fdeniece-cedric-seen-showing-vhongs-video&fr=yfp-t-901-8&u=http://cc.bingj.com/cache.aspx?q=http%3a%2f%2fwww.abs-cbnnews.com%2fentertainment%2f01%2f27%2f14%2fdeniece-cedric-seen-showing-vhongs-video&d=4840094377315053&mkt=en-US&setlang=en-US&w=6I9I1prJXa-ZBWYFEKFky8deXMIMejKQ&icp=1&.intl=us&sig=zvwreyccwnyedR.zzekM5w--

ABS-CBNnews.com

Posted at 01/27/2014 7:20 PM | Updated as of 01/27/2014 7:20 PM

Deniece Cornejo and Cedric Lee were seen at a party last Saturday showing off a video of “It’s Showtime” host Vhong Navarro being tortured, according to broadcast journalist Karen Davila.

Speaking on her radio program “Pasada Sais Trenta” which she co-anchors with Vic Lima, Davila said: “Ang liit ng Maynila. Noong Sabado lumabas daw si Deniece at Cedric Lee sa isang party. Kinukwento ng mga kaibigan ko, pinagyayabang pa raw kung ano ‘yung ginawa niya kay Vhong Navarro.”

“Sinabi ng mga kaibigan ko na kilala rin siya (Lee),” said Davila, who added that the two were seen partying at The Gramercy Residences in Makati City.

Citing Senator Jinggoy Estrada, Davila noted that Lee is allegedly a member of the Chinese mafia.

“Sabi niya (Estrada) bahagi raw ‘yan ng Chinese mafia,” she said, referring to Lee.

During their show, Davila and Lima also questioned some parts of the incident, such as the police's failure to question both parties.

“Ang dami pong loopholes sa kwentong ito,” she said.

Davila has been vocal about her support for Navarro, as seen in her Twitter posts to her more than one million followers.

***

Managing of Gramercy was so busy, it seems, controlling Unit Owners taking pictures and having their doors shut other problems have been allowed entry. See the link in the update at the following page: 

http://sohocentralcondominium.blogspot.com/2013/04/soho-central-condominium-control.html
 

https://docs.google.com/file/d/0B0Sq5pyrVRznRjh5V1pVZ3lJYWM/edit?pli=1
 

Recall our problem and the whole story not just the dramatic ending:

http://sohocentralcondominium.blogspot.com/2013/08/rescue-starts-month.html
 

Mainly about the elevators but also touches upon the security issue at Gramercy: 

http://www.skyscrapercity.com/showpost.php?p=110774925&postcount=8399

"Ok, i just returned from the outside to my condo here in the gramercy and i have noticed several things... During the day there are quite a bit of people going in and out which certainly have jammed the elevators. These are mainly outside agents trying to show people about the place. I dont know to what extent the security is doing. I know they cant go up without a visitors pass and surrender their ID at the concierge but beyond that there are no security checks. So it would certainly not surprise me about the drug bust here in this building as there are no security checks on the things that you bring in.

Second is that at the evening time, the 71Gramercy is already open. Now the two of the four elevators of the high zone are being used for this and this really irritates me as this delays the residents from getting to their residences. There is someone that mans the elevator during this time. They have to wait on these customers and now keep us on the back burner which just irritates me. The employee that manned the elevator also stated his frustrations. The two of the four elevators are now being switched to manual mode of which the operator has to operate otherwise the door wont even close automatically unless you press and hold it down.

The restobar is privately owned and not by century city so forget about discounts to residents.

My question is this... These employees that man the outside for incoming customers of the 71Gramercy as well as the elevator operators and who knows what else, AND the operating cost of these elevators, are these employees and operating costs being paid also by our association dues? I certainly hope NOT! I should certainly ask management about this... Hopefully i will get some answers and update you guys... "
 

I had written a similar comment to some Unit Owners at Gramercy:

I was told about an elevator(s) that goes to a club in Gramercy. Is it or are they dedicated to that club? If so, who pays for electric, insurance and ALL other associated costs for the operation of the elevator(s)? Our elevators have not been conveyed to the condominium corporation though the condominium corporation has been paying for much of the cost of operation such as electric and insurance. There are many financial details such as this that need investigation in all buildings. Even if the elevator(s) is not dedicated are the associated costs for the percentage handling the club being paid by the club?

Reply to Elevator Complaint without Requested Copies

Reply to Elevator Complaint without Requested Copies

 

Please see the reply to the complaint which asked for copies to numbers 1, 2 and 3 from the complaint made concerning the elevator.

 

 

 

You may see the previous complaints and material requested at the following blog pages:

http://sohocentralcondominium.blogspot.com/2014/02/follow-up-to-follow-up-complaint-on.html

http://sohocentralcondominium.blogspot.com/2014/01/follow-up-complaint-on-elevator-non.html

http://sohocentralcondominium.blogspot.com/2014/01/new-complaint-form-for-elevators.html

 

You will note that there is no signature on the letterhead of the Soho Central Condominium Corporation to which a Unit Owner is a member with rights to all documents of the condominium corporation under the Corporate Code.

 

http://www.chanrobles.com/legal5title8.htm#.UvS33zZWHmI

http://www.usig.org/countryinfo/laws/philippines/philippines%20corporation%20code.pdf

 

TITLE VIII

CORPORATE BOOKS AND RECORDS

 

Sec. 74. Books to be kept; stock transfer agent. - Every corporation shall keep and

carefully preserve at its principal office a record of all business transactions and minutes of all meetings of stockholders or members, or of the board of directors or trustees, in which shall be set forth in detail the time and place of holding the meeting, how authorized, the notice given, whether the meeting was regular or special, if special its object, those present and absent, and every act done or ordered done at the meeting. Upon the demand of any director, trustee, stockholder or member, the time when any director, trustee, stockholder or member entered or left the meeting must be noted in the minutes; and on a similar demand, the yeas and nays must be taken on any motion or proposition, and a record thereof carefully made. The protest of any director, trustee, stockholder or member on any action or proposed action must be recorded in full on his demand.

The records of all business transactions of the corporation and the minutes of any meetings shall be open to inspection by any director, trustee, stockholder or member of the corporation at reasonable hours on business days and he may demand, writing, for a copy of excerpts from said records or minutes, at his expense.

Any officer or agent of the corporation who shall refuse to allow any director, trustees, stockholder or member of the corporation to examine and copy excerpts from its records or minutes, in accordance with the provisions of this Code, shall be liable to such director, trustee, stockholder or member for damages, and in addition, shall be guilty of an offense which shall be punishable under Section 144 of this Code: Provided, That if such refusal is made pursuant to a resolution or order of the board of directors or trustees, the liability under this section for such action shall be imposed upon the directors or trustees who voted for such refusal: and Provided, further, That it shall be a defense to any action under this section that the person demanding to examine and copy excerpts from the corporation's records and minutes has improperly used any information secured through any prior examination of the records or minutes of such corporation or of any other corporation, or was not acting in good faith or for a legitimate purpose in making his demand.

Stock corporations must also keep a book to be known as the "stock and transfer book", in which must be kept a record of all stocks in the names of the stockholders alphabetically arranged; the installments paid and unpaid on all stock for which subscription has been made, and the date of payment of any installment; a statement of every alienation, sale or transfer of stock made, the date thereof, and by and to whom made; and such other entries as the by-laws may prescribe. The stock and transfer book shall be kept in the principal office of the corporation or in the office of its stock transfer agent and shall be open for inspection by any director or stockholder of the corporation at

reasonable hours on business days.

No stock transfer agent or one engaged principally in the business of registering transfers of stocks in behalf of a stock corporation shall be allowed to operate in the Philippines unless he secures a license from the Securities and Exchange Commission and pays a fee as may be fixed by the Commission, which shall be renewable annually: Provided, That a stock corporation is not precluded from performing or making transfer of its own stocks, in which case all the rules and regulations imposed on stock transfer agents, except the payment of a license fee herein provided, shall be applicable. (51a and 32a; B. P. No. 268.)

The principal office of the condominium corporation is within the walls of this building.  After properly addressing the complaint, access to records is made with an inappropriate response.

The Residential Areas Committee (RAC) is a committee made of up of Directors of the Board of Directors of the Soho Central Condominium Corporation (SCCC).  The RAC cannot withhold documents from a member of the corporation.

Under Section 74 of the Corporate Code there is no requirement for a member to state a reason of any kind for documents.

 

In the 4th Quarterly Report of the RAC mention was made of Greenfield Development having an acceptance letter of the two commercial elevators which are just outside the residential lobby.  Greenfield has three seats on the Board of Directors of SCCC.  So once again, where is the copy?

http://sohocentralcondominium.blogspot.com/2014/01/the-racs-2013-4th-quarterly-report.html