Merry Christmas and Happy New Year Surprise

Merry Christmas and Happy New Year Surprise

For all those arriving and others coming soon, it is no joke. The Front Desk must be called to make sure an elevator arrives at your floor. The conditions are getting worse. There are two named developers, one named builder and the elevator company. Since foreigners may not engage in protest actions in the Philippines, when will Filipino citizens protest outside the companies' headquarters? When living in the building the day must be planned around the elevators.

SCCC Landline Phone Numbers

SCCC Landline Phone Numbers

For those needing to call to make a reservation for the elevator, see the Front Desk number below.

There was a memo dated July 15, 2014 that many Unit Owners may not have seen with the following local landline numbers.

Administration Office - (02) 650-0672

Accounting Department - (02) 584-7509

Engineering Department - (02) 584-9264

Security & Front Desk - (02) 584-9062

Quorum and for what?

Quorum and for what?

We must be careful to teach and then follow the rules and law when an elected Board is finally established. The By-Laws state:

Section 9. Quorum. The presence of members representing a majority of registered members who are not delinquent in their dues and assessments, whether represented in person or by proxy, shall be competent to decide on any matter or business that may be brought before the meeting, except in matters or cases in which the Corporation Code or the Condominium Act requires the affirmative vote of a greater proportion.

This is not necessarily true as written especially the last several words. Why? Notice in the post below I made in October that the Philippines Corporate Code makes no mention of those delinquent for approval of the management contract. Yes, that is a very serious issue coming up if the current management contract continues past January 1, 2015.

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 CORPORATIONSSECTION 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)

Voting for the seats on the Board

Voting for the seats on the Board

I cannot recall the exact words but similar words have been stated before at meetings and in conversation about the commercial areas having three seats they just get. It is true that the commercial areas have three seats they nominate for the Board. But, the entire assembly of Members vote for those candidates and other nominees for the Board.

 

It is important to know that the assembled Members do not have to vote YES but may vote NO to the nominees of the commercial seats. Why? Think of the lower dues they pay per square meter, noise in the area, the drain they were forced to build in the front, the desire to punch holes in the building to the commercial floors in Twin Oaks, sales reps annoying residents on Soho Central property, etc.  A YES vote is not required so please tell Unit Owners to be careful not to be lead down a path ignoring the other choice of NO. A YES vote deserves guarantees of issues fixed and problems avoided. A guarantee in writing.

Proxy problem

Proxy problem

The Special Meeting held this past Saturday was the first time I recall that the Secretary did not show up. I am no longer sure why there is not a new Secretary. I then looked to the By-Laws and do not know at this time if there are other rules or laws that would attempt to fix the dilemma those assembled would have found themselves.

 

There were proxies still expected; and if not already inspected, there would have been no Secretary as required under Section 8. Section 10 would designate the Chair as Secretary but the Chair had resigned. We are left with three Commercial and three Residential so who would they elect as Chair given the chilly relations? OH, do not forget the seat vacated cannot lawfully be filled due to Valle Verde vs Africa!!!

 

(just copied and pasted the following from a .pdf of By-Laws)

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.

Section 10. Conduct of Meeting. At all meetings of the members, the Chairman of the Board, or in his absence, the President or, in the absence of the Chairman and the President, a person designated by the majority of the members present in person or by proxy, shall act as Chairman.
The Secretary of the Corporation shall act as Secretary of all meetings of the members and in his absence, the Assistant Secretary and if the Assistance Secretary is not present, the Chairman may appoint any person to act as such.

Season of Giving and Receiving

Season of Giving and Receiving

Soho Central Condominium certainly received and the gift of the elevators keeps on giving a major pain in Unit Owners' investment.

Review:

Passenger Elevator 1 (PE1) is on manual since PE4 was on manual but no longer functions.  I had seen PE4 after manual operation ceased open with no lights on at the 31st floor.

 

Passenger Elevator 2 (PE2) is functioning, whatever that means, as far as eventually arriving after pressing the buttons.  Of course, it may be packed since few run and your floor level may determine the number of passengers.  So the MRT Strategy needs to be employed or you may never see the ground floor.

Also notice that the 27th floor has tape not allowing it to be pressed.  We had just experienced stopping at the 27th floor due to someone on that floor pressing the down button.  As always, we had a new and unimproved witnessing of the elevator door trying to open and never succeeding.  It did not feel safe.

Passenger Elevator 3 (PE3) is not working.

Passenger Elevator 4 (PE4) was on manual but is no longer working.

Passenger Elevator 5 (PE5) is not working.  Well, take a look at its condition on the 41st floor where it is currently residing.

Service Elevator aka Passenger Elevator 6 (PE6) is working more as a passenger than service elevator and is less dependable than PE2 if such a thing is possible.  Please note the 21st floor button lights where only the up and not the down functions.

Also notice the tape covering the 32nd floor not allowing it to be pressed.

 

 

So not only the elevators but floor by floor the entire system is closing down.  It is time for everyone to complain as I had instructed or go to the gym and prepare for walking the stairs.

 

Does anyone know where the entities that built this building and the elevators are?  Are they happy with the result?  Is anyone else happy with the result?

Mirror, mirror in the elevators...

Mirror, mirror in the elevators...

...who wished us these?  Why do they not operate all the time?  Why were we promised a building with six residential elevators but suffer with few somewhat functioning?

It suddenly dawned that the name on the floor is not a company name at all.  No.  It was actually a warning just misspelled.

O tiís!