Friday, March 7, 2014

Expected Amendments at 2014 Annual Meeting

Expected Amendments at 2014 Annual Meeting

I would expect that the following amendments will be reintroduced this year as they were on the agenda for the 2012 Annual Meeting and the 2013 Special Meeting.  They were not a part of the 2013 Annual Meeting agenda.  As I did prior to those two meetings and will do for this year's meeting as they were written, I will encourage everyone to VOTE NO.

Below are the amendments from both years and at bottom is the Official  By-Laws Announcement for this year's Annual Meeting.  I have written in a previous post that explained the illegal postponement in the past for a meeting as well as cancellation of another, lack of establishing a meeting for another and the refusal to adjourn properly for yet another Annual Meeting.  The actions taken by this Board we have had controlled by the developers is disgusting.  I encourage everyone to tell their legal representatives and to write letters, call and visit the SEC and HLURB as well as media sources as to the situation in Soho Central Condominium Corporation since turnover in 2009.

2012

I had not posted a message as I did for 2013 that I can find.  So I went to the 2012 Annual Meeting packet and saw something that is very curious.  Yes, sometimes being so involved at the time it is difficult to give attention to disturbing details.

You will note the amendments made in 2012 below and then there is a page prior to those pages at the very end of the packet that is quite curious.  In the Notice on a part of the packet in the beginning, it is stated,"7. Election of the Board of Directors/Trustees."  I am not sure why this page was placed there and why underlines are made on it.  Section 11 on that page is quite disturbing if that page was to remind voting members of parts of the By-Laws for the meeting.

The Section 11 quoted is not the Section 11 as it stands.  Section 11 is written as if for the amendment.  Yes, there is so much to investigate and question only followed by refusal to answer and presenting of documents it is no wonder Unit Owners are sick and tired of it all.

There are so many issues & problems in every single thing that is done here; this is why Unit Owners have a hard time understanding what exactly is taking place. Even the packet for the Annual Meeting in 2012 has this serious problem with their trying to use a proposed amendment as the rule for the meeting.  PLEASE TELL EVERYONE TO READ THIS ENTRY AS JUST ONE EXAMPLE OF THE ENDLESS CLEVER WAYS TO MANIPULATE US, THE UNIT OWNERS.

The Annual and Special Meeting packets are linked to at the right side of the blog page.






2013

http://sohocentralcondominium.blogspot.com/2013/09/2013-special-meeting-amendments.html

2013 Special Meeting:  Two Amendment Proposals

By-Laws Amendment Proposal: PLEASE VOTE NO!


The By-Laws amendment proposal is not appropriate by adding additional language not addressing the main focus. Voting needs to be in compliance with the Master Deed and national law since this is a mixed-use building. I was the one that pointed this out to the Board in early 2012. Of course, at least one Board member was surprised. Strange, I would expect Directors on the Board to read the important documents.

This wording and the procedure followed at the only meeting we have had with a quorum in 2011 made the votes illegal. But there was another action taken at that meeting which was also not in compliance that I have written about before.

The voting procedure in the By-Laws is illegal and cannot be followed anyway so wording which needs changing is not the main concern I have with this amendment proposal.

The wording "...as their voting rights are deemed assigned to the condominium corporation" is the problem. What does this mean? Votes for the Board to decide upon? There is no clear definition and meaning. Why not clearly state the meaning and intention?

Please vote NO to this amendment for Section 11. Voting.
 



Master Deed Amendment Proposal: PLEASE VOTE NO!


This proposal is to strip away the rights of Unit Owners. Please read this amendment very carefully. I would think that the first part would be enough for anyone to immediately vote NO.

Also notice that this amendment is only for the residential areas and not the commercial areas. I wonder why? I cannot imagine why this would be so!

The first part reads, "The Condominium Corporation is hereby expressly appointed by each and every unit owner as the attorney-in-fact of said unit owner, with full power and authority to take actual possession of the delinquent unit at once..."

Do you want them to be your "attorney-in-fact"? "Delinquent unit at once"? Yes, one second after midnight you are delinquent and "actual possession" may commence. It does say "at once" does it not?

The Philippines has laws to deal with overdue payments and property. There is no need for extrajudicial anything.


Please vote NO to this amendment for Section 11 (j). 




***

Official By-Laws Announcement

Annual Meeting

August 29, 2014


Please tell all Unit Owners you know or come into contact with to plan for being at the meeting.  If the Board does not attend, Unit Owners or their proxies may elect a chair for the meeting and conduct a meeting among ourselves.

By-Laws

Section 5. Annual Meeting. -The annual meeting of the members of the corporation for the election of directors/trustees and such other matters pertaining to the corporation shall be held at the principal office of the corporation at Mandaluyong City, Philippines or at such other place that the Board may determine, on the Last Friday of August of each year. Should a scheduled meeting be a legal holiday, the annual meeting shall be held on the next succeeding business day at the same place and time.

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