Two cats out of the proverbial bag

Two cats out of the proverbial bag

The circular dated March 3, 2017 with the subject "DOOR TO DOOR VISIT FOR SGMM & INTERCOM REPAIR & MAIINTENANCE" spoke of a meeting with "some unit owners." It seems "some Unit Owners" are more equal than other Unit Owners for an unannounced meeting. What type of meeting designated in the By-Laws or law does this come under? Were there Minutes for this meeting?

Anyway, there seem to be two names for the upcoming meeting you may see in postings and emails. But the one in the above subject circular may have exposed the true nature of the meeting. The title of the meeting and acronym are "March 31, 2017 SPECIAL ANNUAL GENERAL MEMBERSHIP MEETING (AGMM 2017)." It was clearly written with the word "Annual" as an announcement. The activities as announced are actions that would take place at an Annual Meeting ("regular" meeting).

Who may be going to this likely contentious meeting? What preparations are being made as far as questions and is anyone bringing legal counsel?

Meeting Issues

Please read these three posts and spread this information to all other Unit Owners ("members") you know.  The expected contentious meeting must be prepared for by those attending with their concerns and complaints.  

Proxies

http://sohocentralcondominium.blogspot.com/2017/03/proxy-for-033117-special-meeting.html 

Purpose of Meeting in its Title

http://sohocentralcondominium.blogspot.com/2017/03/very-troubling-title.html 

Serious legal questions regarding ratification on actions of the board

http://sohocentralcondominium.blogspot.com/2017/03/serious-legal-issues-regarding.html

Management Contract Term

Management Contract Term

Recall when surprisingly a copy was given for a better idea as to what the terms are for a better understanding of the management arrangement.

Time to Read and Understand all the Contracts

In fact, time to have all critical records open for immediate inspection in binders as called for in past posts.

Here is Article 3 of the contract with the new management company. The previous contract with Century Properties Management Inc (CPMI) was longer than five years.  This contract is a shorter time period.  This is a very good thing given developments.  Here is a past post on management contracts - http://sohocentralcondominium.blogspot.com/2016/02/soho-central-condominium-corporation.html 


"SERVICE AGREEMENT"

"ARTICLE 3: TERM OF APPOINTMENT"

"Except as terminated pursuant to Article 16 hereof, this Agreement shall be binding for three (3) years commencing on February 1, 2016 and valied through January 31, 2019."

Work done on 35th

Work done on 35th

This work was done on the 35th floor for a Globe line as told and repair of a wall in the Mayflower tower. These photos show holes than the repair job. Go and see for yourself the outcome since photos do not show everything. It starts near the electrical room. This is the type of work experienced for several years. You may also see the hole in the wall and electrical room door fiasco.

Very Troubling title...

Very Troubling title...

for what is expected to be a very contentious meeting.

There is allowance for a Special Meeting in the By-Laws for Soho Central Condominium Corporation but not a meeting as written below. What is this suggesting? There was an attempted required meeting last year called an Annual Meeting in the SCCC By-Laws though in law it is called a "regular meeting" required each year. It is to be held in April unless a specific date is in the By-Laws as stated in the Corporation Code.

The quote below with a date and meeting title are taken from a circular posted concerning the meeting and intercom disaster. The date in the title and more importantly in the acronym suggest that this is the meeting for 2017. This is not the Annual Meeting ("regular meeting") as required. In fact, is everyone being told that there will be another meeting in August on the last Friday to have THE Annual Meeting?

So how can the Annual Meeting ("regular meeting") for 2017 be held prior to the date specified in the By-Laws which is in August?

"...March 31, 2017 Special Annual General Membership Meeting (AGMM2017)..."

Electrical room door on 35th floor

Electrical room door on 35th floor

This is the door involved with the hole never repaired correctly. Someone said it does not lock.

Plumbing Leaks & Bills

Plumbing Leaks & Bills

There were posts in the past about leaks from fixtures in the building from the time of turnover in 2009. They continue and someone has another large bill.

We had leaks in our units and comments from TrueValue employees who came to fix the plumbing saying they were cheap. Not the inexpensive cheap but cheap as in low-grade or poor quality. We keep the pressure at the lowest needed to maintain the water heater and ability to use the water efficiently. So what took place and is taking place?

At this point a study by an independent engineer is needed to determine why the leaks are taking place. It is due to poor quality materials put in place at the time of building construction? Are the plumbing works in units now reaching a short life span of ability to function properly? Has there been or is there currently a problem with engineering maintenance causing issues for unit plumbing? Manila Water cannot be the problem since the water enters the building through a main pipe and is pumped to a holding tank on the roof.

Who originally calibrated the water meters for the units and are they checked for accuracy for billing?

For now, everyone check for leaks each day and place paper underneath suspicious plumbing to see if there are drips. Get leaks fixed with better plumbing fixtures as we did. Have your pressure lowered so that water heaters may operate and the flow is minimally satisfactory. Turn off the water when away.

Hole in wall on 35th floor

Hole in wall on 35th floor

Guess how long this problem has existed. CPMI (Century Properties Management Inc) was incapable to fix it. Now SOSAJB follows with more inability to properly fix the hole and replace the mechanism to stop the electrical room door knob from slamming into the wall.

They do a poorly done patch then door knob hits again. Oh, I need to teach them how to patch it properly. I guess no one with such knowledge is on staff. Yes, after at least a couple of years, this is now ridiculous.

Proxy for 03.31.17 Special Meeting

PROXY ... DO NOT USE THOSE FROM ADMIN/COMMERCIAL CONTROLLED BOARD if attending the expected very contentious meeting.

The proxy as written does not comply with the By-Laws of the Soho Central Condominium Corporation (SCCC).  Please note that the proxy being 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.  

The proxy created in the past which has only the wording required giving no automatic powers to the Board is linked here - https://drive.google.com/file/d/0B0Sq5pyrVRznUl8wYkRDUXRsNnM/view?usp=sharing .

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

WARNING on sprucing up

WARNING on sprucing up:  Has this not been done before prior to "member" (Unit Owner) meetings?

Please do not be mislead by the very few quickie and temporary changes in the building prior to this Special Meeting with its intentions announced or unannounced.

***

This was an interesting comment made at this time which goes along with the old sprucing up routine.

Intercom servicing comment

This comment was placed under the "Management Contract" post by an anonymous person claiming to have a degree in Electrical Engineering.

"Anonymous -- March 5, 2017 at 11:38 PM"

"Just had my intercom "serviced". TLDR: don't even waste your time scheduling it.

To give some background, I have an accredited degree in Electrical Engineering, so I have an idea of how to troubleshoot a faulty connection.

I watched the "technician" try to fix the intercom by opening the box and poking around at the wires. I had to stop myself from laughing. The guy didnt even have a multimeter to check for shorts or faulty components, or a continuity meter to check line integrity. It was all purely for show.

I asked when it will be fixed and they said next month. I asked what was wrong with the intercom. He looked genuinely surprised, thought a while and said theres a problem with the line in the reception area.

If that were true, they wouldnt have to bother going unit to unit putting on a fake performance. Instead they could skip all the fake maintenance that people took time out of their day to attend and simply fix it at the reception area. Instead many more people will waste a fraction of their lives for this fruitless experience.

Im guessing they pulled this guy off the street and offered him a few hundred pesos to act as a technician for a day to make a show of appeasing owners...

If I had to make a wager, Id venture the building used faulty wiring, and to run the proper wires down every conduit on every floor would be more than they want to spend. Id have a hard time believing someone would be this incredibly incompetent, but nothing surprises me anymore.

In summary, please get the word out to other tenants not to waste precious time out of their day to witness a fake repair show."

http://sohocentralcondominium.blogspot.com/2017/02/management-contract.html#comment-form

Serious legal issues regarding the announced Special Meeting

Serious legal issues regarding the announced Special Meeting

PLEASE SPREAD AND SHARE THIS TWO PAGE LETTER WITH ALL UNIT OWNERS.

.PDF of the letter - https://drive.google.com/file/d/0B0Sq5pyrVRznWno4RnlNUTJIbFk/view?usp=sharing

It was removed by the management from the bulletin boards.

Posting names of delinquent tenants not harassment per se

"Posting names of delinquent tenants not harassment per se"

BY THE MANILA TIMES on NOVEMBER 22, 2015

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

"Dear PAO,
I am renting a bed space in Makati City. Our landlord is demanding that I and the other tenants pay our two months’ overdue rent. In case we fail to comply, he said, he will post the name/s of the delinquent tenants all over the building where others may see it. He did this in the past, so I think he will do it again. Is it legal for him to post the names of delinquent tenants? Is it not considered harassment?
RB"

"Dear RB,
There exists a contractual relationship between the lessor and lessee and each of them has obligations to comply. As for the lessor, he is obliged to: (1) deliver the object of the contract in such a condition as to render it fit for the use intended; (2) make on the same during the lease all the necessary repairs in order to keep it suitable for the use to which it has been devoted, unless there is a stipulation to the contrary; and (3) maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract. On the other hand, the lessee is obliged to: (1) pay the price of the lease according to the terms stipulated; (2) use the thing leased as a diligent father of a family, devoting it to the use stipulated; and in the absence of stipulation, to that which may be inferred from the nature of the thing leased, according to the custom of the place; and (3) pay expenses for the deed of lease (Articles 1654 and 1657, New Civil Code of the Philippines).

Insofar as the payment of the price of the lease (rent) is concerned, it may be paid in advance within the first five (5) days of every current month or the beginning of the lease agreement, unless the contract of lease provides for a later date of payment. The lessor cannot demand more than one (1) month advance rent and neither can he demand more than two (2) months’ deposit. Should the lessee fail to settle the rent or the utility bills, or destroy the property leased, the deposits and interests therein shall be forfeited in favor of the lessor in the amount commensurate to the pecuniary damage done by the lessee (Section 7, Republic Act 9653, otherwise known as the Rent Control Act of 2009).

Accordingly, you and your other co-lessees/tenants are bound to comply with your obligation of paying timely the rental price for the unit or space you are leasing. If you fail to do so, the lessor may first exhaust the sums on your advanced rent or deposits, should there be any. In the absence thereof, the lessor may demand from you the payment of your delinquent rentals.

While our laws relating to lease are silent as to how demand should be made, we may take into consideration the general provisions of our civil laws. As provided under Article 19 of the New Civil Code: “Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. ”For this reason, we believe that the act of posting notice of demand by your lessor is not, per se, a form of harassment. If it was done in good faith and merely to ensure that all concerned tenants will be actually notified, then we cannot promptly consider that as harassment. If the posting, however, was done with ill motive or for the purpose of vexing or humiliating the persons concerned, then relief may be sought from our courts.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net"

A list of members (Unit Owners)

A list of members (Unit Owners)

A list is posted in the lobby. It also shows some with unpaid water bills and their names. For those who may have been shamed in public, please consult your lawyers.