Question: If You Have Split Air Conditioners...

Question:  If You Have Split Air Conditioners...

have you looked at the places you believe the pipes lead from the air conditioner inside to the unit on the balcony?  I believe this is more significant for units installed for fully furnished units.  If you have had leaking, please contact us.  Please look for stains on the ceiling and walls.

We have filed a complaint and are looking to where the pipes are placed since there also seems to be a problem with the door frame leading into the bedroom of a one bedroom unit.

Rumor: All Elevators Working

Rumor:  All Elevators Working

Not so.  Let me repeat, not so.

Once again I get a text that someone was told by staff working in the building that all the elevators are working.  Not so!  Why spread this rumor?

I was also sent a text that one person working on the elevators said in jest or seriousness or frustration that they will be there for a lifetime.  Well, the reality is that this cannot take place.

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

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)

The records ... shall be open to inspection

The records ... shall be open to inspection

I was once again told about something I do not understand when I read the following as may be seen the 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.)

Elevators

Elevators

I was told of someone complaining about the elevators at various websites then having another person follow writing that they are working.  I was just told by someone else they believe they know who it is.  Well, no matter all the writing and talk, Soho Central Condominium does not have six (6) elevators in the residential areas working.  We also do not have inspection notices in those that are functioning.

Please do not believe me, send someone here to experience it for themselves.  We also do not feel perfectly safe in those that are working given noises when they are in operation and the service elevator makes noise and slight movement when the doors open.  What is that all about?

Are there any government inspectors in the Philippines that can fully and completely examine these elevators and explain what is going on?  We have been told that there is a report from a private company but it has not been shown to the Unit Owners.

The Duster Problem

The Duster Problem

Just after writing about the bugs and sweeping, I went out and then saw someone adding to the balcony problem.  Of course there is all the other garbage people throw from their balconies with the duster problem being the smallest of debris adding to the mix.  I feel for the largest balconies on the 4th floor of the Mayflower Tower being catch basins of garbage that cannot be used for fear of falling objects from above.  This is a problem still not solved, I believe.

Shaking the dust from your balcony is rude & inconsiderate for the other units and the general environment about the ground below.  I believe it is also against the rules.

Here is a suggestion, for small particles caught up in whatever duster you may use gently rub them off into that waste basket/can you should have in your unit.  For the general dust, washing off the duster will only add debris to the kitchen grease trap so best not to do it there.  You may shake off the duster behind a drawn curtain in the shower with all such matter then being washed down the drain at shower time.

Yes, there is no good way to deal with the dust since there is not a personal yard area to shake the duster.  The shower seems to be the only solution since many dusters cannot be washed and letting all the duster debris fall to the other balconies is rude & inconsiderate and to the ground is also not good especially for the pool.

Bugs and Sweeping

Bugs and Sweeping

Do all Unit Owners explain what needs to be done and check their units on a regular basis when rented?  Do Unit Owners who do not live here full time and do not rent the unit(s) make sure that their unit(s) are not only secure (locks, window, electric, water) but clean and all food not left for bugs?

I have written about these issues before but we still see bugs and most of the time can point to the unit(s).  I know a unit on one floor with bugs is rented and another I am not sure if rented or occupied at this time.  Down the hall another unit has someone, I believe, is a renter sweeping out into the hall last night.

To prevent bugs, keeping the unit very clean with all foodstuffs placed in sealed containers or the refrigerator is essential.  To clean the floors, it may first be necessary to wash with a damp mop or cloth.  Then I would suggest cleaning the floors again with rubbing alcohol using paper towels.  This not only cleans very well but removes bug trails and disinfects.  Doing these things will also help to decrease the amount of insecticides lowering the toxins in the building.

Oh, as for prevention of bugs in addition to the above, place several drops of peppermint essential oil in a water sprayer.  Most bugs hate the scent of peppermint.  Another idea would be to get an aromatherapy device placing the drops in the water.  Once a week should be sufficient if all the above is also done.  This will also help to keep the bugs from units that are infested not venturing into yours looking for sustenance.

As for the dust, dirt, grit, hair and other debris on the floor, sweeping into the halls does not solve the problem.  It will come back into the unit and it is also against the rules of the building.  I would suggest getting whatever broom you may use and placing the debris in a pan and then into a waste basket/can for proper disposal.