Tasks

Tasks

These are among the tasks we expect the first elected Board of Directors to engage in and report on and to have open records for Unit Owners (“members”) as required in the corporate code. Please suggest additions.  Unit Owners (“members”) are to be allowed to witness all meetings.

* Audit accounting – as some posts have shown there are still old matters not understood and a review from a CPA on audited financial statements showed concern

* Examine all contracts – contracts for each service from the beginning to be copied and placed in a binder for easy access to Unit Owners

* Audit building construction

* Examine all unit files and list contents on sheet of paper as a log for each file

* Examine all corporate files and documents

* Examine all common areas of the building – this would include all cabinets, closets, rooms, etc.

* Copy all Board & Committee meeting minutes and resolutions for viewing in a binder

* Copy all Rules for viewing

* Audit all BIR matters such as VAT and official receipts from the beginning

* Examine and discuss daily, weekly, monthly and yearly cleaning needs

* Examine and discuss security, work done on CCTV and other security matters

* There were systems or other parts of the building that were approved and signed for and a complete list with those as well as details as complete backup for a binder needs to be created for full transparency for Unit Owners ("members").  The elevators are an example of a system not transferred to the Soho Central Condominium Corporation. The intercom, I believe, has also not been transferred.  But the full and complete details for all these need examination and exposure.

Legal Advice needed & IMPORTANT COMMENTS

IMPORTANT:  Please see two comments to this post when first published:  http://sohocentralcondominium.blogspot.com/2015/12/legal-advice-needed.html 

Here is a direct link opening the comments - http://sohocentralcondominium.blogspot.com/2015/12/legal-advice-needed.html?showComment=1451296773858#c1455972625247906248

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)

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

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) 

SURPRISE: New property management company?

SURPRISE: New property management company?

The following is a text by a broker finishing up law school who has been involved with a condominium building dispute. Not having a contract approved by the members was part of the injunction gotten by them in court. I also find the return of money comment very interesting.

"Condocorp CANNOT get mgmt company W/O vote of MAJORITY. Thats clear english in condocode/masterlist. Any appointment not voted by maj, invalid. Officers appointing such mgmt will be liable to return money of corp. If there is a need to get propmgmt, there should be a special meeting attended by majority, present the diff propmanagement offers, then vote on who."

So who will end up paying for this service contrary to the code? A new management company working for Soho Central Condominium Corporation and the Unit Owners ("members") did not vote since no Special Meeting was called. This would seem to violate the corporation code.

Previous post on management - http://sohocentralcondominium.blogspot.com/2016/02/soho-central-condominium-corporation.html

What is the history of the Certificate of Occupancy for Soho Central

What is the history of the Certificate of Occupancy for Soho Central

What was, has been and is currently the history of the Certificate of Occupancy?  Would it not be a good idea to have a binder with all pertinent documents and details as to this issue available for the Unit Owners ("Members")?  Given that the elevators have never been fully functioning, how would any certificate be issued?

http://www.gov.ph/1977/02/19/presidential-decree-no-1096-s-1977/

Section 309. Certificate of Occupancy.

No building or structure shall be used or occupied and no change in the existing use or occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a Certificate of Occupancy therefor as provided in this Code.

A certificate of Occupancy shall be issued by the Building Official within thirty (30) days if after final inspection and submittal of a Certificate of Completion referred to in the preceding section, it is found that the building or structure complies with the provisions of this Code.

The Certificate of Occupancy shall be posted or displayed in a conspicuous place on the premises and shall not be removed except upon order of the Building Official.

The non-issuance, suspension and revocation of Certificates of Occupancy and the procedure for appeal therefrom shall be governed in so far as applicable, by the provisions of Section 306 and 307 of this Code.

21st Floor Tiles Popping removed

21st Floor Tiles Popping removed at Soho Central Condominium, Mandaluyong, Metro Manila

Elevator lobby area tiles were popping up near where work had been done on the elevators including demolishing the elevators' entrances.

What caused this popping up?  Is it related to the elevator work?  Or, is it related to a structural change or movement of the building that may be taking place?  Think.  This section popped up like a bubble.  What pressure from one or more direction caused this?  The elevators are a mess; is there a relationship?

The elevators have not been functioning properly since during turnover.  The elevators have been in a perpetual state of being fixed.  Is there something beyond just the elevators?  Is there also a problem with the structure of the building?  What is taking place?

Besides the bubble of tiles that was formed, there are tiles elsewhere that make noise when stepped on.  Why?  See the previous post using the link below.  See the instruction on placing tiles and preparing the mortar.  None of the tiles removed showed mortar with the grooves.  Have all the tiles been placed without the correct procedure?

http://sohocentralcondominium.blogspot.com/2016/02/21st-floor-tiles-popping-at-soho.html

RESPONSE TO Condominium Certificate of Titles (CCT) demand request

RESPONSE TO Condominium Certificate of Titles (CCT) demand request

There are now over 500 unit numbers placed on the bulletin board in the lobby targeting those Unit Owners ("Members") who have not submitted their CCTs as if they have done something wrong by not giving them.

The following was a reply from a Unit Owner ("member") of Soho Central Condominium Corporation as to the demand request for copies of the Condominium Certificate of Titles (CCT). I find it to be spot on to the critical points of such a request.

"To: Administration Office; Soho Central,

You do not have to worry about us losing our CCT. We have it in a Safety Deposit Box in our bank. Besides, I do not believe that the Soho Central Admin Office has the right to get a copy of the CCT of the Unit Owners. If your intention is just to provide a replacement in case of loss , we do not need it. You are the first Condo Admin. that is requiring Condo owners to provide you with a CCT. You need a court order to enforce this request. If you still insist in getting a copy of our CCT, I will gladly sell you back the Unit at a reasonable price."

There is also a notice posted threatening Unit Owners with a possible 400 peso fee if copies of the CCTs are not given to Soho Central. FIRST, no where in the Master Deed and By-Laws of Soho Central Condominium Corporation nor in the papers for purchasing is such a demand made or required. SECOND, it is stated that if they(?) get a copy from the Registry of Deeds, 400 pesos will be charged. We do not know if this is permitted by the Registry of Deeds given the reasons on the order form to be checked. If this is not permitted by the Registry of Deeds but is given to anyone but the Unit Owner, questions need to be asked.

Someone had asked a lawyer who practices corporate law and was told there is no requirement to give a CCT.