Soho Central Condominium: 2017

Plan, plan and plan some more

QUESTION: Is Stonewall Central a better name for the property? UPDATE (click): 2012 Audited Financial Statements
UPDATE (click): 2013 Annual Meeting packet
UPDATE (click): 2013 Special Meeting packet
AUDITED FINANCIAL STATEMENTS ANALYSIS 2009-2012 (click): A CPA analysis of SOHO Central Condominium Corporation's Audited Financial Statements

The Fantasy Vision
Does everyone remember this among the wonderful ads and brochures and how about the salespeople and what they told us. I hear such fantasies continue. So after watching and remembering, cry and then laugh at the truth that is being exposed.

And, if the above is not enough and you need elevated blood pressure, here is the project's brochure.

Many posts are still issues and need to be read once again. At this main hub of postings watch for new posts and updates. Please get involved by spreading the word as to the issues here. We must document all that is taking place. Many documents need retrieval and assistance is needed in getting them scanned and posted.

Friday, September 1, 2017

Violation of the By-Laws still not explained

These are photos of the Function room and hallway with no activity for the required Annual meeting ("regular meeting"). The bulletin boards also had no notification.

Last Friday of August, 2017

Aerosol Spray in elevators

I have now heard Unit Owners are not happy with this involuntary spraying. There was also the concern of one person with asthma. So for those with such concerns, file complaints at the city health department. For those with medical issues, you may also want to document this forced spraying with your doctor.

Mandaluyong City Health Department

3/F Right Wing Executive Building
City Government Complex, Maysilo Circle, Plainview

534-0163
532-5001 to 28 ext 388 / 263

Monday, August 28, 2017

Soho Central Condominium, a private residences?

Given AirBnB and such short-term stays, is it to become a boutique hotel as some may envision or a cheap motel?

To all Unit Owners with legal claims against them

Since there is no By-Laws constituted Board currently seated, please inform all Unit Owners who have legal claims against them by the SCCC to tell their lawyers and other legal officials involved with their case or issue.

Is there a seated Board for SCCC?

According to the By-Laws of the SCCC, no. There was no announced Annual Meeting and no meeting took place for the last Friday of August. No Board according to the By-Laws exists as of now.

Thursday, August 24, 2017

Video AND Free Internet in Sogo Central lobby

More fluff crap to hide the disastrous crap

Yes, not only video in the newly renamed Soho Central but free internet access. Well anyone knows nothing is free. So who pays? Unit Owners, we are be shafted for the umpteenth time.

Wednesday, August 16, 2017

Management Service Agreement

The service agreement which was and has been denied to me though as a "member" of the Soho Central Condominium Corporation (SCCC) I am allowed by law to see and have according the Corporation Code of the Philippines is linked to in this post. Please give access to all Unit Owners ("members") of the SCCC.

https://drive.google.com/file/d/0B0Sq5pyrVRznV1dCanVadDZoZzQ/view?usp=sharing

Securities and Exchange Commission Philippines

http://www.sec.gov.ph/contact-us/

http://www.sec.gov.ph/message-us-4/

The was no announcement for the Annual Meeting as required in the By-Laws which are required by law. Ask the SEC about this and ask if they may monitor.

Private Residences OR Air Bed & Breakfast (airbnb): SOHO or SOGO?

Private Residences OR Air Bed & Breakfast (airbnb)

SOHO or SOGO?

Place "soho central mandaluyong" in google and see the search hits with daily rates. For those of us living in the building, be extremely careful and lock your doors. If you do not have a deadbolt lock in addition to the handle lock, get one. If you never changed the locks since turnover, do so since someone has a copy of the key!!! If your unit has been rented out or used by others, change the locks.

With the daily AirB&B, security is nearly meaningless.

Friday, August 4, 2017

Annual Meeting which is a "regular meeting" as required in the Corporation Code.

I was just told by someone who said they questioned a person in the managing authority of the building that he asked about the meeting. He said they were told it was not taking place since there already was a meeting. Well, the By-Laws give the date as the last Friday in August. I would request everyone to ask about the meeting getting the name of the person asked and please have at least one other person with you to witness the reply. I have posted the By-Laws and pertinent sections of the Code in previous messages.

Unit Owners ("members") will be at the building on August 25, 2017 for the Annual Meeting ("regular meeting") as required in the By-Laws.

Wednesday, August 2, 2017

A PROXY for the Annual Meeting on Friday, August 25, 2017 & 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.)

***

PROXY ... PLEASE DO NOT USE THOSE FROM ADMIN/COMMERCIAL CONTROLLED BOARD earlier in the year.

The proxy as written did not comply with the By-Laws of the Soho Central Condominium Corporation (SCCC). Please note that the proxy distributed either via mailbox or email or by hands going door-to-door has the following which violates the last sentence of Section 8 of the By-Laws: "This proxy shall be effective for five (5) years from execution hereof or for such maximum period as allowed by law."

You will note that in the Corporation Code of the Philippines the maximum period for a proxy is limited as to its being "valid and effective." The By-Laws of the Soho Central Condominium Corporation define the period for SCCC meetings to be "valid only either for the next annual or special meeting after the execution of the proxy or any adjournment thereof." So the distributed proxy would seem to violate the By-Laws.

THE CORPORATION CODE OF THE PHILIPPINES
[Batas Pambansa Blg. 68]

TITLE VI - MEETINGS

Sec. 58. Proxies. - Stockholders and members may vote in person or by proxy in all meetings of stockholders or members. Proxies shall in writing, signed by the stockholder or member and filed before the scheduled meeting with the corporate secretary. Unless otherwise provided in the proxy, it shall be valid only for the meeting for which it is intended. No proxy shall be valid and effective for a period longer than five (5) years at any one time. (n)

---

BY-LAWS OF THE SOHO CENTRAL CONDOMINIUM CORPORATION

MEETINGS OF MEMBERS

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.

***

Please do not use the proxies giving powers to the Board. Please only have those you know & trust given such powers in your name. If you have already handed in this proxy, cancel it by sending a notification in writing and making a new proxy marked with a date and time.

If going, please seriously consider having legal counsel and write your concise questions and concerns prior to attending so as to not forget.

Tuesday, August 1, 2017

Soho Central Condominium Corporation (SCCC) By-Laws' Official Announcement - 2017 Annual Meeting

PLEASE LET OTHER UNIT OWNERS KNOW

NO ANNOUNCEMENT SEEN - While a required posting needs to be made at least 10 days prior to the meeting, it is odd that none has been made via bulletin boards or email for such an important yearly required meeting. In case there is no announcement, Unit Owners may gather on the 4th floor by 5 PM then wait to take up the meeting as required unless there is the usual announcement posted and emailed with details for the meeting and election of directors for the board.

Soho Central Condominium Corporation (SCCC) By-Laws' Official Announcement - 2017 Annual Meeting

The Annual Meeting will take place on Friday, August 25 for the 2017 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)

Monday, July 31, 2017

New Spin & Go laundry location

People are still looking for a good laundry as I just heard a horror story about one of several we had used in the past. So here is a new location just down Shaw Blvd on the other side of EDSA for...

Spin & Go

Friday, July 28, 2017

Soho Central Condominium Corporation (SCCC) By-Laws' Official Announcement - 2017 Annual Meeting

NO ANNOUNCEMENT SEEN - While a required posting needs to be made at least 10 days prior to the meeting, it is odd that none has been made via bulletin boards or email for such an important yearly required meeting. In case there is no announcement, Unit Owners may gather on the 4th floor by 5 PM then wait to take up the meeting as required unless there is the usual announcement posted and emailed with details for the meeting and election of directors for the board.

Soho Central Condominium Corporation (SCCC) By-Laws' Official Announcement - 2017 Annual Meeting

The Annual Meeting will take place on Friday, August 25 for the 2017 Annual Meeting as called for in the Soho Central Condominium Corporation's By-Laws.

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

***

BATAS PAMBANSA BLG. 68

THE CORPORATION CODE OF THE PHILIPPINES

TITLE VI — MEETINGS

Aerosol Sprays in the Elevators

Are we being forced to breathe in toxic chemical agents that can cause stress for many people and potential harm to health? In the enclosed space, the spray is forced upon passengers to inhale into their lungs and placed on their person. When will this danger stop?

These are just some of the articles you may discover online regarding the dangers of aerosol sprays.

http://www.dailymail.co.uk/femail/article-3220306/Why-air-fresheners-scented-candles-wreck-health-cause-cancerous-DNA-mutations-asthma.html

http://articles.mercola.com/sites/articles/archive/2016/03/30/air-pollution-health-effects.aspx

https://www.scientificamerican.com/article/nontoxic-air-fresheners/

Saturday, July 22, 2017

Lawyer to consult

Contacting this lawyer for those that may have a claim due to the actions or lack of actions regarding the building may be a good idea. Please let us know about other lawyers who are for the Unit Owners and not developers/builders/management companies that have little concern for the Unit Owners.

Clarrisa A.Castro
Attorney and Counselor-at-Law
President, Integrated Bar of the Philippines
Caloocan-Malabon-Navotas Chapter (1999-2001)
Director, Philippine Trial Lawyers Association
Phone: 0918-944-7518
Email: attorneyclaire@gmail.com
Telefax: 410-7624
assistant Gie: 0918-567-7801 / gie2000986@yahoo.com

9 pm – Usapang de Kampanilya (Maresciel Yao with Atty. Danny Concepcion (later replaced by Atty. Noel del Prado)/Atty. Claire Castro every Friday) (later for DZMM Teleradyo at 9-9:30 pm: MMK Klasik)

2017 Annual Meeting on August 25

Has anyone seen any notice for the Annual Meeting called a "regular meeting" in the Corporation Code of the Philippines? There were many notifications of that questionable "Special Membership Meeting" that was also called an "Annual General Membership Meeting." The required Annual Meeting with elections which is stated in the By-Laws takes place on the last Friday in August.

Friday, July 21, 2017

The records ... shall be open to inspection

No reason by a "member" need be given and no statement or letter for nondisclosure of the record need be signed by a "member", unless, you may see something in the Code that has been missed.

It seems that this is forgotten in the building as so much else...

The records ... shall be open to inspection

Philippine Corporate Code Title VIII Section 74:

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.

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

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.)

Wednesday, July 19, 2017

"Homeowners’ association member’s right to inspect financial records"

by Persida Acosta on JULY 16, 2017

"Soho Central Private Residences Homeowners Association, Inc." (SCPRHOA): For all those who are or will be members of this yet unannounced association, please read.

http://www.manilatimes.net/homeowners-association-members-right-inspect-financial-records/338740/

"Dear PAO,
I wanted to check the financial condition of the homeowners’ association in our village, so I asked to be allowed to see its financial records. My request was not heeded, however. In protest, I refused to pay monthly dues. The association officers retaliated by threatening to declare me as a delinquent. Can you please advise me concerning my predicament?
Cid"

"Dear Cid,
Republic Act (RA) 9904, or the Magna Carta for Homeowners and Homeowners’ Associations, provides, among others, the rights and obligations of a homeowner. Section 7 grants an association member with a bundle of rights, which includes the right “to inspect association books and records during office hours and to be provided upon request with annual reports, including financial statements.” In support of the right to inspect records of an association member, Section 17(b) of the Magna Carta further declares that “(a)ll records involving the affairs of the association shall be available for examination by all owners, holders of mortgages on the lots and their respective authorized agents upon reasonable advanced notice, during normal working hours at the office of the association.”

In case of violation of his right to inspect records, an association member may resort to several remedies. He may bring up the matter with the conciliation or mediation mechanism of the association that Section 14(n) of the Magna Carta requires to be included in the by-laws for possible amicable settlement of dispute. If he opts for this, he can file a complaint with the Housing Land Use and Regulatory Board (HLURB), which has jurisdiction to “hear and decide intra-association and/or inter-association controversies and/or conflicts” under Section 20(d) of the Magna Carta. A civil action is also possible if the concerned association member incurred damages as a result of the violation of his right to inspection. Finally, he can file a criminal case against the erring officer of the homeowners’ association. Section 22(c) of the Magna Carta expressly declares it unlawful for any person “(t)o prevent any homeowner who has paid the required fees and charges from reasonably exercising his/her right to inspect association books and records.” Please take note that the Magna Carta does not authorize the concerned association member to suspend payment of his membership fees and other dues if his right to inspect records is violated. Such remedy is not provided in the Magna Carta.

On the other hand, Section 8 of the Magna Carta imposes duties upon an association member, to wit: “(a) to pay membership fees, dues and special assessments; (b) to attend meetings of the association; and (3) to support and participate in projects and activities of the association.” Failure to comply with these obligations may entail administrative sanctions. Section 13, Rule 3 of the Implementing Rules and Regulations of RA 9904 particularly provides that “unless otherwise provided in the by-laws, a member who has failed to pay three (3) cumulative monthly dues or membership fees, or other charges/assessment despite demands by the association, or has repeatedly violated the association’s by-laws and/or declared policies, may be declared delinquent by the Board of Directors” (Section 13, Rule 3, Implementing Rules and Regulations of RA 9904). The declaration of delinquency by the Homeowners’ Association (HOA) board will result in suspension of the rights and privileges of the concerned member, and other sanctions as may be provided by the by-laws of the association. (Sec. 15 & 16, Id.)

Applying the foregoing to your case, we advise you to pay your outstanding monthly dues to avoid being declared as a delinquent member, which will result in the suspension of your rights and privileges, and other sanctions. If the homeowners’ association continues to violate your right to inspect records, resort to the legal remedies provided by law as detailed above to enforce your right.

We hope we were able to sufficiently address your concern. Please bear in mind that this opinion is based on the facts you narrated and our appreciation of the same. Our opinion may vary if facts are changed or elaborated."

Friday, July 7, 2017

"Soho Central Private Residences Homeowners Association, Inc." (SCPRHOA)

How many have known about this Homeowners Association created for Soho Central? Has the Board of Directors of Soho Central Condominium Corporation (SCCC) announced this to the Unit Owners ("members")?

Click the link for the Certificate of Incorporation - No. NCR-HOA 17-0020 for SCPRHOA - https://drive.google.com/file/d/0B0Sq5pyrVRznZ3Z2YjhNQjhJTFU/view?usp=sharing

Thursday, July 6, 2017

Homeowners' Associations (HOA)

In the past, some were told that HOA's were not allowed to collect money such as dues by HLURB. I had researched this at the time and discovered the truth as stated in the government documents. It was odd to even have an organization incorporate that would not even be able to buy a pencil since restricted as told. Anyway, below are three things everyone should read.

Chapter 20 - Homeowners Associations from the "Guide to Homeownership" by Armando Ang last updated in 2009 for views on the topic. - https://drive.google.com/file/d/0B0Sq5pyrVRznTURKcWxpcWdCR0E/view?usp=sharing

"Magna Carta for Homeowners and Homeowners’ Associations" - http://www.lawphil.net/statutes/repacts/ra2010/ra_9904_2010.html

Presidential Decree 957 - http://www.lawphil.net/statutes/presdecs/pd1976/pd_957_1976.html

Reading these it seems that there may be a conflict in what the HLURB supposedly said at one point and what is written in the law.

Fliers being handed out on Soho Central Condominium Corporation (SCCC) property

You may have noticed fliers on the Mayflower Street side being handed out by Greenfield salespeople for their projects. I asked at the fourth floor if there was an application form or charge of some kind. They said no. Greenfield was simply given permission. I asked how other Unit Owners, since Greenfield is a unit owner, too, may hand out fliers. They said to submit a request.

I would suggest, given the antagonistic relationship of the Board and management to Residential Unit Owners, that those wishing to also have their fliers for their concerns handed out that they have their lawyers make the request.

Wednesday, July 5, 2017

Call for 2017 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") at an Annual Meeting ("regular meeting" in law).

We seek candidates for the 2017 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 at an Annual Meeting as defined. 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."