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, July 28, 2017

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.