Legal Advice needed

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Legal Advice needed

RE:  Second Amendment to the Soho Central Condominium Master Deed

Dear Lawyers,

We are unit owners at Soho Central Condominium in the area of Greenfield District in Mandaluyong.  While there had been rumors about connections being made to our building by breaching the walls to Twin Oaks condominium via some agreement in the past, no unit owner we know ever saw a copy of such an agreement or the Second Amendment to the Master Deed which we had to get copies since none were distributed.  

We only found out about the Second Amendment’s existence by a letter distributed to all mailboxes in the building regarding an Annotation to the Second Amendment this year.  You may view that letter at this link:

https://drive.google.com/file/d/0B0Sq5pyrVRznd3BraVBZUHp0TDg/view?usp=sharing 

We were never shown the second amendment prior to turnover and no unit owner since then was shown this document up until our discovery.  The lack of transparency for buyers and unit owners is now a concern for a document we view with sadness given that is was not shown or fully explained.

There was no mention at this year’s attempted Annual Meeting about this amendment even though someone on the Board must have known.

Was any buyer prior to turnover in 2009 told about or shown this second amendment?  We are not aware of any.

The following link is to the document obtained from HLURB with various papers.  There are also no reasons for approval by HLURB.  If that agency needs to approve, what are the reasons?

https://drive.google.com/file/d/0B0Sq5pyrVRznVFdfVUVCMUd1bUU/view?usp=sharing

There is mention of Annex A (land title) in the papers; that was not provided by HLURB and removed when making copies.  Here is that document - https://drive.google.com/file/d/0B0Sq5pyrVRznSjEzRlhWY0FvRlU/view?usp=sharing 

Turnover was in May/June 2009 and it took until November 7, 2012 for the transfer of title to take place.

Thank you for any advice.

Sincerely,
Unit Owner name(s)

No, not Batman's signal

No, not Batman's signal

Our area has been bombarded by overly loud music disturbing residents in Greenfield area for some time.  Soho Central and St. Francis across Shaw Boulevard also suffer with moving lights being directed at them.  Last night I watched a light remaining stationary on St. Francis.  I decided to wait and see if it would go away.  After several minutes, I got ready to go downstairs expecting it to move but it did not.  I went down to the street and then saw another spot light aimed and stationary on Soho Central's Mayflower tower.  The two beams that would then twirl around all over the buildings came from another concert.  Our neighbor of Greenfield seems to not respect our windows and ears.

Elevators: Demolition then unacceptable restoration

Elevators:  Demolition then unacceptable restoration

These were taken several days ago on the 5th floor.  Yes, the demolition and the entire disaster of getting elevators that actually work as they should have is bad enough then restoration is just awful.  Everyone look at not only the demolition but look at the restoration of the elevator entrances from floor to floor.  This is just awful.  Will the terrible restoration of the elevator entrances increase or decrease values on condominium units?

Outer wall of Soho Central now breached

Outer wall of Soho Central now breached

The wall of Soho Central has now been breached allowing access from the first floor of the commercial area to Twin Oaks. Has the 2nd Amendment to the Master Deed been examined by lawyers for Soho Central Condominium Corporation's Board of Directors and Members (Unit Owners) for a written and signed legal opinion?

2nd Amendment to the Master Deed

Again, why were buyers and owners of Soho Central in the past not made aware of the 2nd Amendment?  There is a problem here.

2nd Amendment to the Master Deed

Please review the past two posts on this very important issue that many Unit Owners may not fully know about if at all:

http://sohocentralcondominium.blogspot.com/2015/09/annotation-to-second-amendment.html

http://sohocentralcondominium.blogspot.com/2015/09/the-second-amendment-to-master-deed.html

Now I was sent this link about units available at Twin Oaks:

http://www.greenhuts.net/Mandaluyong/Metro_Manila/Homes/Soho_Grand_Central/Agent/Listing_77064913.html

You will note that mention is made about the interconnections.  First, this comment is made about Twin Oaks itself, "Twin Oaks Place East and West Towers are interconnected via 2nd and 3rd."  Well, there is no fully built East Tower and no connection seen hanging in the air waiting for a hookup.

Then the part that concerns Soho Central:  "Twin Oaks Place West Tower will be connected to SOHO Central Via ALL Podium levels 1st to 4th Basement levels."  I do not know when this was published to the website.

 

Call for 2016 Candidates for the Board of Directors

Call for 2016 Candidates for the Board of Directors

We need candidates who will be the first elected members of the Board of Directors by Unit Owners ("members").

We seek candidates for the 2016 Annual Meeting, called "regular meeting" in the law. Those of us who have been discussing the serious problems with the building seek Unit Owners ("members" of the condominium corporation under the law) who are full-time residents of the building. We seek those who will support and conduct open meetings of the Board and its committees so as to allow "members" to witness the meetings and to ask questions when appropriate in properly conducted meetings. We seek candidates who will first seek opinions at meetings prior to making major expenditures.

The commercial area has three reserved nominations as does the residential area. There is one additional seat for nomination by both. All residential Unit Owners and commercial unit owners cast their square-meter ballots for all candidates. No board member has ever been elected by the Unit Owners. Some may recall the only "regular meeting" in 2011 with a quorum where the election was never finalized. At that meeting some think there was a vote. Not according to the law and Master Deed as I read it. The meeting had the rule one vote per unit. That was not legal. That was further compounded by an acclamation to allow three candidates to be seated. How would one count the vote to see if there was even a majority. Anyway, the voting rule was illegal. Mixed-use buildings are to have votes by square meters owned.

We seek candidates who are aware of the serious situation of the building regarding its status, condition, etc. We seek candidates that know their rights as unit owners ("members"). We seek candidates' using their honesty and sincerity dedicated to perform for the good of all "members."

A PROXY for the Annual Meeting on Friday, August 26, 2016 & REPRESENTATION

(at ____ PM on the 4th Floor in the Function Room of Soho Central)

The attached is a basic Proxy form with what is required in the By-Laws but nothing that gives power to those other than the proxy or contradicts the By-Laws.  There is also a basic Representation form as required for those units with more than one owner.  You may make adjustments as needed and please make any suggestions as for changes.

When filling this out make sure to keep a copy that has been stamped & acknowledged received or request a confirmation if emailing.

(Click here for a .pdf of the pages below.)

SCCC By-Laws' Official Announcement - 2016 Annual Meeting

The Annual Meeting will take place on Friday, August 26 for the 2016 Annual Meeting as called for in the Soho Central Condominium Corporation's By-Laws.

By-Laws of Soho Central Condominium Corporation - Meetings of Members

"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."

"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."

***

READ this section carefully. So besides the proxy to submit in writing as instructed above for those not attending, where there is joint ownership have a written statement signed by all the particular Unit Owners submitted to the corporation’s Secretary via the Soho Central Condominium Corporation Administration office in the building if prior to the meeting for representation as stated below.

"Section 4. Representation. – In cases where a unit is owned in common by two or more persons, they shall determine one (1) from among themselves, who shall represent them in the corporation. Except for the purpose of liquidation in case of dissolution, the representative designated shall be considered as members representing the unit for all purposes, in all matters related to the corporation, including service of notice of assessment and meetings, grant of proxies, voting on any matter, and the like. In cases of corporation, trust, or partnership, its authorized officers shall designate who should represent it in the corporation. In all the foregoing instances, the person duly designated (as) representative must be registered with the corporation by filing a written designation with the Secretary of the Corporation."

***

BATAS PAMBANSA BLG. 68
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) 

Posting delinquent units

Posting delinquent units

While this article deals with tenants, may the same apply to "association dues?" Let me interject first that I wish the term "association dues" was not in the law. This causes the unending confusion between "condominium corporations" which all condominium buildings must have established and "homeowner associations" which are supposed to be established as I understand but seemingly are not in many circumstances including for our own building. Each has its own functions. "Association dues" are to paid to the condominium corporation and not homeowner association.

Anyway, this article deals with tenants on the issue of being delinquent which some residents in the building are in the units. So is anyone such as a unit owner or management or condominium corporation at risk for posting?

"Posting names of delinquent tenants not harassment per se"

http://www.manilatimes.net/posting-names-of-delinquent-tenants-not-harassment-per-se/230607/

Agents can sue companies who deny them commissions

"Agents can sue companies who deny them commissions"

Ask me how many times I have heard about agents not getting paid with them either never getting their commissions, going to court or filing complaints with labor. The answer would be dozens of times from various people. It is a sad and another sickening story in the condominium industry. Also, there is another scam of paying agents in part or in combination with a unit which decreases in value and for which they must, of course, pay various charges and fees upon acceptance then going into the future. Yes, many scams in the industry being exposed. This article gives some legal advice.

http://www.manilatimes.net/agents-can-sue-companies-who-deny-them-commissions/230162/

Elevator PE5

Elevator PE5

The floor button lights were turning off on each floor it stopped at having us to press the buttons once the doors closed. Someone asked an Interlift employee in the car with us what was wrong. I had to leave at that point. What is wrong? Ask those that built the building, advertised the building, and sold the building. What are their answers? What are their solutions? Just look and experience the crappy elevators.

2nd Amendment to the Master Deed

2nd Amendment to the Master Deed

Please review the past two posts on this very important issue that many Unit Owners may not fully know about if at all:

http://sohocentralcondominium.blogspot.com/2015/09/annotation-to-second-amendment.html

http://sohocentralcondominium.blogspot.com/2015/09/the-second-amendment-to-master-deed.html

Now I was sent this link about units available at Twin Oaks:

http://www.greenhuts.net/Mandaluyong/Metro_Manila/Homes/Soho_Grand_Central/Agent/Listing_77064913.html

You will note that mention is made about the interconnections.  First, this comment is made about Twin Oaks itself, "Twin Oaks Place East and West Towers are interconnected via 2nd and 3rd."  Well, there is no fully built East Tower and no connection seen hanging in the air waiting for a hookup.

Then the part that concerns Soho Central:  "Twin Oaks Place West Tower will be connected to SOHO Central Via ALL Podium levels 1st to 4th Basement levels."  I do not know when this was published to the website.

Again, why were buyers and owners of Soho Central in the past not made aware of the 2nd Amendment?  There is a problem here.
 

BUYERS: WARNING! WARNING! WARNING!

BUYERS:  WARNING! WARNING! WARNING!

The following was written to me by a broker.  This is not the first time this broker and others have been blunt in the serious situation and truth of the condominium industry.  All the hyped ads with many being lies hide the truth.  There are many articles with facts and truth posted and this adds to the dozens of thoughts to think and talk about.

"With so many condo buildings around, the resale ones have many units to choose from and price becomes very competitive. If the resale is 5.1M, and new ones are same or even less, buyer would get instead the new unit than the resale. This is what us, senior brokers say that, investment is not making any profit at all. And worst, developer will tend to renegotiate their prices to be able to make a sale. Developers dictated price are 50%-70% per condo unit. If buyer wish to transact with developer and not with sales personnel to get a reasonable discount, it is possible provided payment terms are shortened. Or if buyer is a corporate investor who will buy say 10-15 units for their employees or for business rental....then developer will consider mark down cost per unit. On the agreement that terms are 35%-50% dependent total amount of unit cost.

And, the fact that building depreciates 17% per year, you loose each year on cost of purchase and not gain. That is the truth because it is not a lot that earns interest and value. The structure has life term of 50 years only, but factly by 35th year, building is subject for rehabilitation or dependent on findings of structural and city engineers...if it need be demolish."

The broker sent another text afterward when I asked if I could post the above.

"Yes, you can.  Those are the facts and reality of commercial and residential buildings.  The life span of a structure is 50 but the actual term duration is 25-35 years.  St. Francis Square is one example of a structure that did not reach 50 years.  It was renovated totally leaving the main post which is the footing of the structure.  All levels were re-enforced with new iron bars, new concrete pouring and finishing however, the sewerage pipes were not properly rehabilitated that resulted into leaks in lower floors.  Others clogged.  That is the disadvantage of rehabilitation instead of total demolition to restore it into a "new" structure in compliance to city engineer, and building code by law of construction."

This was another post on value from the past - http://sohocentralcondominium.blogspot.com/2013/04/50-year-clause-or-old-age-decision.html

Bathroom faucet

Bathroom faucet

There was a post about faucets in the past.  Now we had to replace the bathroom faucet, a brand not known to TrueValue employees.  It had started to leak from this cheap fixture.  If you have to change such faucets, just remember to watch out for the glass shelf as we did due to any upward movements that are needed to check the leak or removal.

http://sohocentralcondominium.blogspot.com/2014/01/faucets-and-other-little-things.html

Elevator: 8th floor

Elevator:  8th floor

There was already a post concerning the 8th floor's partial state of awfulness.  That series of posts will continue until all floors are done at least once.  But, when I was just on the 8th floor and looked at the restoration of Passenger Elevator 2 (PE2), even I was shocked at the mess and seemingly lack of concern to do even a crappy job.

 http://sohocentralcondominium.blogspot.com/2015/08/a-partial-state-of-awfulness-on-8th.html

Look at these!  In fact, go yourself and take a look.

You are not seeing things; that is cement on the light fixture.

Yes, that is paint before closing the holes and spackling.  Hello!!!  This I can teach you!!!

Elevators: 21st floor a typical example

Elevators: 21st floor a typical example

The elevator entrances were built simply and presented to buyers then Unit Owners in 2009 at turnover.  Since then the elevators have been a disaster in a continual process of being made to work as they should have been starting at least since turnover.  To accomplish this the elevators entrances on the various shafts have been demolished then restored.  The restoration results have been awful.  Just look from floor to floor at the rotten work.

PE1 tile removed.

Remember to look at elevator entrances that have not been demolished and restored.

PE2 still being restored.  That jutting part of the wood has been cut.

Why were the light fixtures never covered and sealed during work?

I do not need to see the spackling job that will be done on this one since many other examples are on all floors from previous restorations.

This was the result of the Service elevator restoration.

PE3 tile replacement.  Just think about what we purchased and what is and may be sold with buyers looking.

Another entrance restoration.  Just rotten.

The boards forming the entrances were OK in 2009, why can they not be done correctly now?  This rotten restoration job is just a sloppy mess turning the building into a slum.  These boards as so many others do not meet each other evenly then cutting at angles takes place.  Shoddy construction.