Legal Advice needed

IMPORTANT COMMENTS:  They may not be open if you are viewing the page with other posts.  At the bottom of this post, if you see no Comments opened, please click the small print which says "2 comments:".  This will open the comments posted on December 28, 2015.

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)

No, not Batman's signal

No, not Batman's signal

Our area has been bombarded by overly loud music disturbing residents in Greenfield area for some time.  Soho Central and St. Francis across Shaw Boulevard also suffer with moving lights being directed at them.  Last night I watched a light remaining stationary on St. Francis.  I decided to wait and see if it would go away.  After several minutes, I got ready to go downstairs expecting it to move but it did not.  I went down to the street and then saw another spot light aimed and stationary on Soho Central's Mayflower tower.  The two beams that would then twirl around all over the buildings came from another concert.  Our neighbor of Greenfield seems to not respect our windows and ears.

Elevators: Demolition then unacceptable restoration

Elevators:  Demolition then unacceptable restoration

These were taken several days ago on the 5th floor.  Yes, the demolition and the entire disaster of getting elevators that actually work as they should have is bad enough then restoration is just awful.  Everyone look at not only the demolition but look at the restoration of the elevator entrances from floor to floor.  This is just awful.  Will the terrible restoration of the elevator entrances increase or decrease values on condominium units?

Outer wall of Soho Central now breached

Outer wall of Soho Central now breached

The wall of Soho Central has now been breached allowing access from the first floor of the commercial area to Twin Oaks. Has the 2nd Amendment to the Master Deed been examined by lawyers for Soho Central Condominium Corporation's Board of Directors and Members (Unit Owners) for a written and signed legal opinion?

2nd Amendment to the Master Deed

Again, why were buyers and owners of Soho Central in the past not made aware of the 2nd Amendment?  There is a problem here.

2nd Amendment to the Master Deed

Please review the past two posts on this very important issue that many Unit Owners may not fully know about if at all:

http://sohocentralcondominium.blogspot.com/2015/09/annotation-to-second-amendment.html

http://sohocentralcondominium.blogspot.com/2015/09/the-second-amendment-to-master-deed.html

Now I was sent this link about units available at Twin Oaks:

http://www.greenhuts.net/Mandaluyong/Metro_Manila/Homes/Soho_Grand_Central/Agent/Listing_77064913.html

You will note that mention is made about the interconnections.  First, this comment is made about Twin Oaks itself, "Twin Oaks Place East and West Towers are interconnected via 2nd and 3rd."  Well, there is no fully built East Tower and no connection seen hanging in the air waiting for a hookup.

Then the part that concerns Soho Central:  "Twin Oaks Place West Tower will be connected to SOHO Central Via ALL Podium levels 1st to 4th Basement levels."  I do not know when this was published to the website.

 

Call for 2016 Candidates for the Board of Directors

Call for 2016 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").

We seek candidates for the 2016 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. 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."

A PROXY for the Annual Meeting on Friday, August 26, 2016 & 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.

(Click here for a .pdf of the pages below.)