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.

Monday, July 31, 2017

New Spin & Go laundry location

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

"Section 5Annual 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 8Proxy. – 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 4Representation. – 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) 

Aerosol Sprays in the Elevators

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

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


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"


"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)

"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)

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

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

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."

Legal Advice needed & IMPORTANT COMMENTS

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 

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)

Post form the past: THE Second Amendment to the Master Deed?

THE Second Amendment to the Master Deed?


Unlike the letter which was seemingly required for the Annotation you may read in a previous posting, there was no letter and no mention at the Annual Meeting about this amendment, too.

Was any buyer prior to turnover in 2009 told about this second amendment?

If requesting copies of the Master Deed, as Armando Ang author of Guide to Homeownership recommends, would anyone have been given a copy up until recently?  Would anyone have been told about this matter?

Were all buyers unknowing prior to turnover in 2009 of this amendment allowing changes to the building?

In the following link to the document obtained from HLURB with various papers, is there any notation someone might see as to 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 in the link to the papers; that was not provided by HLURB and removed when making copies.  Here is that documenthttp://sohocentralcondominium.blogspot.com/2015/04/land-title.html


THE Second Amendment for all now to see:




Post from the past: Annotation to a Second Amendment?

Annotation to a Second Amendment?


For those who are not in the area and who may not have been informed as to what you might find in your mailboxes, the following letter was noted in mailboxes sent via the post office in the first half of August 2015.  One of ours has August 11 2015 as the date registered.  The letter is dated August 05, 2015.  We are investigating to find out what this has to do with though I think it has something to do with the land title which I had written about in the past if you recall - http://sohocentralcondominium.blogspot.com/2015/04/land-title.html

But, there is also mention of the second amendment again which was written about in the past - http://sohocentralcondominium.blogspot.com/2014/05/holes-in-walls.html

There was nothing about this mentioned at the attempted Annual (called "regular" in the law) Meeting. Why? Lack of transparency is a serious flaw.

Condominium Act as amended by Republic Act 7899- http://hlurb.gov.ph/wp-content/uploads/laws-issuances/mandates/RA_4726.pdf



Post from the past: Management contracts

Soho Central Condominium Corporation Management contract dated August 24, 2009


The management contract had expired since the Philippine Corporate Code Title IV Section 44 states five (5) years as a maximum.  We were finally able to see a copy and it was dated August 24, 2009.  So there has been no contract with Century Properties Management Inc. (CPMI) since that August 24, 2014.  Also stated in Section 44 you may read below from a previous post is the clause requiring "at least a majority of the members in the case of a non-stock corporation" must approve a new management contract.  It is important to note that while Annual and Special Meetings of the Soho Central Condominium Corporation only allow those members (Unit Owners) to vote who are not delinquent in their dues and assessments, the Philippine Corporate Code makes no such restriction.  So all members (Unit Owners) delinquent or not are allowed the vote.  Additionally, the meeting must be "duly called for the purpose."  So does this mean an Annual Meeting may vote on the contract so long as it is stated or must there must be a separate meeting?  Of course the meeting may take place on the same day with all members, delinquent or not, allowed to vote.  Does anyone read this section differently?

***

A vote for a management contract and period of management contracts up to five years

Was there a vote I am unaware of?  How is it that a contract is longer than five years given the Philippine Corporate Code Title IV Section 44?

...No corporation shall conclude a management contract with another corporation unless such contract shall have been approved by the board of directors and by stockholders owning at least the majority of the outstanding capital stock, or by at least a majority of the members in the case of a non-stock corporation, of both the managing and the managed corporation, at a meeting duly called for the purpose ... No management contract shall be entered into for a period longer than five years for any one term. ...


http://www.chanrobles.com/legal5title4.htm#.VCyxso0cTmI


BATAS PAMBANSA BLG. 68
THE CORPORATION CODE OF THE PHILIPPINES

TITLE IV — POWERS OF CORPORATIONS
SECTION 44. Power to enter into management contract. — No corporation shall conclude a management contract with another corporation unless such contract shall have been approved by the board of directors and by stockholders owning at least the majority of the outstanding capital stock, or by at least a majority of the members in the case of a non-stock corporation, of both the managing and the managed corporation, at a meeting duly called for the purpose: Provided, That (1) where a stockholder or stockholders representing the same interest of both the managing and the managed corporations own or control more than one-third (1/3) of the total outstanding capital stock entitled to vote of the managing corporation; or (2) where a majority of the members of the board of directors of the managing corporation also constitute a majority of the members of the board of directors of the managed corporation, then the management contract must be approved by the stockholders of the managed corporation owning at least two-thirds (2/3) of the total outstanding capital stock entitled to vote, or by at least two-thirds (2/3) of the members in the case of a non-stock corporation. No management contract shall be entered into for a period longer than five years for any one term.

The provisions of the next preceding paragraph shall apply to any contract whereby a corporation undertakes to manage or operate all or substantially all of the business of another corporation, whether such contracts are called service contracts, operating agreements or otherwise: Provided, however, That such service contracts or operating agreements which relate to the exploration, development, exploitation or utilization of natural resources may be entered into for such periods as may be provided by the pertinent laws or regulations. (n)

SECTION 45. Ultra vires acts of corporations. — No corporation under this Code shall possess or exercise any corporate powers except those conferred by this Code or by its articles of incorporation and except such as are necessary or incidental to the exercise of the powers so conferred. (n)

Post from the past: SURPRISE: New property management company?


Sunday, March 13, 2016

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.

Tasks

Tasks


These are among the tasks we, Unit Owners, expect the 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 (2009) 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 (2009)

* 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.

Bulletin Board in lobby: Missing

Bulletin Board in lobby: Missing

Why was it removed? I had heard that it was removed since the number of resale notices was giving a bad impression of the building. Well the reality is that the building is mess and things are not getting better. The building has been in decline since turnover and the trend is not reversing. The ship is sinking, one might say, and now holes are being made in the foundation walls. Were engineering lab studies made? Did the original architectural/engineering plans for the building given to the government state this?

Tuesday, July 4, 2017

Laundry for Wash


Laundry for Wash

We stopped using the laundry in the bldg long ago and places just around have issues such as missing clothes and overly perfumed detergent. We also noticed stains gone and color looks better when using our own choice of detergent. So try self-service for best wash and your own folding -

https://www.facebook.com/spinandgolaundryshop/

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

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 5Annual 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 8Proxy. – 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."

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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 4Representation. – 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."

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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)