We are Unit Owners at Soho Central Condominium Corporation's building, a project of Century Properties Inc. from a joint venture of Meridien Development and Greenfield Development. This blog will teach and consolidate information regarding our building. Please submit comments; and if anyone would like to meet for tea/coffee to discuss the building, please send us an email. Unit Owners have been unable to witness decisions being made with our money at private board meetings.
Plan, plan and plan some more
QUESTION: Is Stonewall Central a better name for the property?
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.
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.
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.
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.
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.
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.
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.
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)