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.

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

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

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) 

Who knows? Not the "Members" of the Soho Central Condominium Corporation

Who knows?  Not the "Members" of the Soho Central Condominium Corporation

The rotten intercom rang just after noon.  I picked up the functioning garbage and was told they were checking the intercom.  The words were not clear so what was exactly said I do not know.  I hung up and called back.  Whoever it was on the intercom said it is OK.  I immediately told them don't you say that.  Why?

The intercom is not OK with a humming sound and poor voice quality.  It is not OK.  I told them not to write that it was OK or we would file a complaint.

I know that the elevators were not accepted by the Soho Central Condominium Corporation.  I was told in the past that the intercom system was not accepted, too.  WHAT OTHER SYSTEMS OR THINGS HAVE NOT BEEN OR WERE ACCEPTED AND WHEN?

Notice how I once again write "members" above.  Unit Owners are automatically "members" under the law of the Soho Central Condominium Corporation.  As "members", do you know what is fully going on with the building?  If not, you as many paid millions of pesos for a condominium unit for what reason?  To gamble on the unknown?

Elevators: Restoration of the entrances

Elevators:  Restoration of the entrances

Again, if the entrances were acceptable in appearance in 2009, why can they not be properly restored after the demolition in the continuing attempt to fix the elevators?  The work that has been done is awful.

This is PE2's entrance being restored on the 21st floor.  It may be a little difficult to see but the upper piece of wood frame juts out.  Why was this not cut off prior to applying the wood putty?  Of course, anyone looking at the previous rotten work on restorations on floor after floor might say, what difference does it make?  It all looks awful and decreases the value of the building with an increasingly slum look.

This is the previous rotten work on the Service elevator entrance on the 21st floor.

This is the awful restoration work done on PE3 on the 21st.

Marriage of hotels, condos transforms PH real estate?

Marriage of hotels, condos transforms PH real estate?

The condominium industry is falling and now hotels?  Who will stay in so many hotels and for what?  Is this just a shift in pleas for financing to support the wealth that has built too many condos not constructed properly with poor management to follow and many Boards not elected by the Unit Owners who are "members" under law of the condominium corporations?

http://thestandard.com.ph/business/190805/marriage-of-hotels-condos-transforms-ph-real-estate.html

Elevators: The Premier Problem of the Decline

Elevators:  The Premier Problem of the Decline

The building has not gotten better over the last year.

The other day while PE1 and PE2 were out of service as they have been, PE3 and PE5 were stopped at upper floors and the system seemed to be down for any elevator arriving at the lobby.  After calls were being made, the elevators started functioning.  This is and has been the norm of elevators that do not operate properly as should have been the case since turnover in 2009.

Then another problem took place a couple of days later with elevator car doors open, PE3 and PE5, and when entering them and pushing the buttons the door moved slightly and then the lights went out.  After awhile someone came to operate an elevator manually.  But, when arriving at the first floor going up the doors opened and all lights went out.  

The building is getting worse.

Garbage in the hallways

Garbage in the hallways

What filthy people do this?  Yes, filthy.  Unit Owners ("members" in law of the condominium corporation) paid millions of pesos for units and our building in many ways is being turned into a slum and this garbage placed in window sills is just a smack into all of our faces.  Window sills used as garbage cans and ashtrays.  Find out who does this and report them.  If you see it taking place, tell the people to stop and to clean their mess.  Follow them and take photos and report them.