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General Meeting
magie - Sunday, Aug 18, 2013, 2:10 PM


GRASS RESIDENCES HOMEOWNERS ASSOCIATION

WHAT: General Meeting
WHEN, 21 August 2013, 1PM
WHERE: East Wing Lobby

AGENDA:

1. HLURB-SMDC Missing pool Update
2. Condo Dues Increase - Breakdown of GRCC OPEX
3. GRCC Board Election Preparation
Album
Magie Antonio
magie - Thursday, Aug 22, 2013, 3:01 PM
Many thanks to everyone who joined us yesterday for the general meeting. We had more than 70 attendees. I will post the synopsis as well as the pertinent documents soonest.
Cenen Mendoza
cenen - Friday, Aug 23, 2013, 7:46 AM
Apologies for my wife's inability to attend (as you already know I am currently overseas) due to flood in Bulacan that hamper her movement. I am elated in a way that 70 attended the meeting... we look forward to the successful resolutions of all our concerns and hope and pray we get what we duly deserve as promised, when promised by SMDC...
Rosario Roldan
rosario_p._roldan - Saturday, Aug 24, 2013, 9:31 AM
If you know someone from the media that is the fastest way to get results. talk to Mike Enriquez or Vic Lima! good luck am with you all the way. God bless our plans to fight for our rights.
Magie Antonio
magie - Friday, Aug 30, 2013, 3:10 PM
The following are from my personal notes during our August 21 general meeting:

1. HLURB-SMDC Update on Missing Pool

Aug 6 - HLURB sent letter to SMDC
Aug 16 - SMDC deadline to reply
Aug 22 - 6 days after deadline
UPDATE: Aug 27 - SMDC sent us cc of their reply to HLURB (to be posted here by Ryan Estevez)


2. SMDC Meeting at MOA Highlights

SMDC claims that it is paying for the condo dues of all unturned over units

Aug 8 was their meeting with CBRE to consolidate FS

GRHA to form 5-member Election Committee to scrutinize election guidelines

SMDC Property manager Rhemus Maramba presented us with GRCC OPEX for 2012-2013 to justify the P100/sqm condo dues increase

According to GRCC President Renee Rose Glinoga-Co, the efficiency collection of the condo dues is at 60% as opposed to their circular GR-CBRE-00/2013 posted last June 27 RE: Condominium Dues Increase which stated that collection efficiency is at 85%

The 60% collection is comprised of 45% collection from unit owners and 15% bulk payment of SMDC to GRCC for the unturned over and unsold units at Tower 1

This is one of the stated factors why they created and approved the "Adjustment of Condominium Dues" via Board Resolution No. GRCC-010-13 last June 27, 2013

GRHA recommended that collection efficiency be improved and justify the OPEX by showing us the financial statements first

SMDC would rather push through with the increase than post names of non-paying or delinquent unit owners

The GRCC working capital is supposedly untouched and is now under the care of SosaJB

GRCC to coordinate with SMDC Project Development Team to allot meeting room for GRCC/GRHA at the clubhouse showroom (now marketing materials storage proom)


3. GRCC OPEX for 2012-2013

Our 2013 OPEX computation yielded P41/sqm condo dues if the collection efficiency is at 100% (separate document to follow)


4. Forming of a Five-Man Election Committee Members

The following unit owners have volunteered to join the said committee: Atty. Rodel Dascil, Alex Apellanes Jr. and Carlos Samson

Two more slots must be filled for us to start coordinating with GRCC in scrutinizing the election guidelines

These are the dates to remember prior to the upcoming GRCC Board Election:

Oct 19 - Dues Cutoff for Election Eligibility
Oct 21 - Posting of Qualified Voters
Oct 24 - Appointment of COMELEC
Oct 25 - Posting of COMELEC Members
Oct 29 - Submission of Proxy Forms
Nov 02 - Nomination Deadline
Nov 05 - Posting of Nominated Candidates
Nov 09 - Filing of Objections
Nov 12 - COMELEC Ruling on Objections
Nov 16 - ELECTIONS


5. Unit owners seats at the GRCC Board

SMDC shall be entitled to two (2) members of the Board of Directors,... for as long as the SMDC owns Unit(s) in the property, whether parking units, parking spaces, residential or commercial. (GRCC By-Laws ARTICLE V, Section 1)

Unit owners must have proper representation at the GRCC Board in order to serve the best interest of its members

Currently, all members of the GRCC Board of Directors are SMDC employees/appointees

As of August 2 2013, these are the distribution of voting rights for the upcoming election:

Tower 1
85% turned-over units (1699 units)
15% unturned over units (300 units)
100% (1998 units)

Tower 3
10% turned over units (190 units)
90% unturned over units (1710 units)
100% (1990 units)

TOTAL: 1,998 + 1,990 = 3,988 total res units

If all unit owners are eligible to vote: 1699 + 190 = 1,889 (47% votes)

SMDC votes: 300 + 1710 = 2,010 (53% votes)
Catherine Mangussad
cathyemangussad - Friday, Aug 30, 2013, 4:13 PM
I would like to say thank you for all the efforts our officers are giving. Without them, it's maybe living in "HELL", sorry for the worst word to say but it's true. Even if we wanted to live in peace, SMDC makes us bad in all aspects because they just want to gain from us.
Please, let us help each other to overcome all these. It's our community and our own place, we needed to be united.
Magie Antonio
magie - Thursday, Sep 19, 2013, 3:54 PM
The second General Meeting this Saturday (September 21, 2013) will be postponed to a later date so that we can include the results of the proposed meeting between SMDC/GRCC and GRHA representatives.

We have been following up on the issues at Grass Residences (increase in condo dues, missing pool, and election guidelines to name a few) and will also be questioning the logic of the revived "no parking" policy that they recently implemented.
Christopher Dagdag
cndags - Wednesday, Sep 25, 2013, 5:49 PM
Hi ms magie,

my friend just accepted his unit yesterday and was very keen about the elections.... tower 3 po sila, included o ba sila sa election? possible ba na mag sign ng proxy form if included, then assign to you to vote for him? hehehe. (sorry if this is kinda rude)

thanks po.

how do you send PMs ba? or not possible?
Tess Caudal
tess - Friday, Sep 27, 2013, 8:57 AM
Yes, I agree going to the media I think is one drastic move, which I am planning, in fact, I've already set a schedule and asked Tulfo for help, those who want to join may join, or if you do not wish so,ok lang din, kasi for me, the way things are going , hindi talaga tayo aasikasuhin ng SM,
Tess Caudal
tess - Monday, Sep 30, 2013, 5:45 PM
Can we have the minutes of the meeting? hindi kami naka attend ng general meeting last sept. 28, hindi naming nalaman, when would be the next general meeting? natapos pala nun sept. 28, I hope yung mga minutes din ng meeting ma I post. thanks
Irwin Chua
irwinchua - Tuesday, Oct 1, 2013, 8:13 PM
Ms tess,
good luck pag kakalabanin mo smdc, info lang kita meron sila 10 floors na puro lawyers, yan ang kabangga mo, libo na utak. just take this as lesson learned, major actions imposible. hehe....ndi basta basta mga corp na yan. kht kayanin mo sila now bblikan k nila. dhl pagnaggive in sau imagine mo anu effect nito sa ibng projects nila.
ang magagawa lng e siraan ntn sa grass pra malaman ng tao at wag bumili.
Tess Caudal
tess - Wednesday, Oct 2, 2013, 8:21 AM
Irwinchua, it's ok if they have a pool of lawyers, as long as nasa right side ; I think we can surpass this, all we have to do is to open this fraudulent manipulations that they have para wala na ngang bumili sa kanila, and I've research from the internet that they also got same problems sa ibang condo din na sila ang developer, like sa Mezza, sa Field residences, sa Sea residences, almost lahat the same, and I also got a copy ng case nila sa HLURB , and saw na yung mga lawyers nila, ang sagot sa case filed against them, is UNSUBSTANTIAL, AND SELF SERVING, , but hindi na dismiss, pero ang naka attach na affidavit ni Henry Sy and Co, is AMICABLE SETTLEMENT and MEDIATION,marami nga sila lawyers, but I think , what we are fighting for is right, we have to get what is due them, and it is their moral obligation , that , to make the buying public be fully aware and informed. , mali to ginagawa nila,
Irwin Chua
irwinchua - Wednesday, Oct 2, 2013, 10:39 AM
Matagal na labanan yan at gastos yan, who will shoulder the cost? magpapadelay muna yan bago magsettle, norm na gawain na nila yan, sa akin lng i tv nalang to pra mawalan muna sila ng sales pra ramdam nila din kung kaso kaso kawawa tau....tutal media mahilig sa unahan sa balita. anung title ng news natin?
Tess Caudal
tess - Wednesday, Oct 2, 2013, 3:21 PM
Herewith is Section 27 of PD957 verbatim:

1. No owner or developer shall levy upon any lot or buyer a fee for an alleged community benefit. Fees to finance services for common comfort, security and sanitation may be collected only by a properly organized homeowners association and only with the consent of a majority of the lot or unit buyers actually residing in the subdivision or condominium project;
Can officers of a developer collect association dues or fees from homeowners for the maintenance and security of a subdivision?
Answer: No, because association dues or fees for the maintenance and security of a subdivision (or condominium) can only be collected by a property organized Homeowners Association with the consent of a majority of the lot or unit buyers actually residing in the subdivision project (Sec. 27 of PD 957)
Tess Caudal
tess - Wednesday, Oct 2, 2013, 3:24 PM

so di na muna magbabayad ng hoa fees from this month?
Yes. Since there is no actual homeowners association, there should be no association dues and as long as Final turnover has not taken place, it is still under the developer's expense dapat ang maintenance.

The operative words here are the following two points. If it doesn’t meet these two criterias, it is illegal.

1. only by a properly organized homeowners association
2. and only with the consent of a majority of the lot or unit buyers actually residing in the subdivision or condominium project.
Tess Caudal
tess - Wednesday, Oct 2, 2013, 3:46 PM
SECTION 22. Alteration of Plans. - No owner or developer shall change or alter the roads, open spaces, infrastructures, facilities for public use and/or other form of subdivision development as contained in the approved subdivision plan and/or represented in its advertisements, without the permission of the Authority and the written conformity or consent of the duly organized homeowners association, or in the absence of the latter, by the majority of the lot buyers in the subdivision.

SECTION 25. Issuance of Title. - The owner or developer shall deliver the title of the lot or unit to the buyer upon full payment of the lot or unit. No fee, except those required for the registration of the deed of sale in the Registry of Deeds, shall be collected for the issuance of such title. In the event a mortgage over the lot or unit is outstanding at the time of the issuance of the title to the buyer, the owner or developer shall redeem the mortgage or the corresponding portion thereof within six months from such issuance in order that the title over any fully paid lot or unit may be secured and delivered to the buyer in accordance herewith.
Tess Caudal
tess - Wednesday, Oct 2, 2013, 3:47 PM
SECTION 35. Take-Over Development. - The Authority, may take over or cause the development and completion of the subdivision or condominium project at the expenses of the owner or developer, jointly and severally, in cases where the owner or developer has refused or failed to develop or complete the development of the project as provided for in this Decree.
Irwin Chua
irwinchua - Wednesday, Oct 2, 2013, 7:59 PM
Go go go ms tess....idol na kita. anu next step nito?
Jioleat Mercado
julie_915729 - Wednesday, Oct 2, 2013, 10:28 PM
Mga fellow unit owners...ano ba po ba stand...byaran na naman ng monthly dues eh...siguro nga mas okey if may media na...super kawawa naman tayo..sayang ng pera...first time ko bumuli condo...hirap na hirap nga ako makabayad..di rin pa sulit..sino pa bibili or mag rent sa unit ko nito now if dami problem...hayyy...super sayang talaga...
Tess Caudal
tess - Thursday, Oct 3, 2013, 8:22 AM
Im from tower 3, and stand ko is for them to stop manipulating us ( unit owners), for their (SMDC) own interest and benefit, what they are doing now is not for the good or interest of the unit owners, obvious naman, to all unit owners, please take time to read the Magna carta of HOA, and the Condominium Act, the Grass Corp, that they registered is not the real HOA , we the unit owners, should unite, for us, to be able to withstand this, all fraudulent manipulations of SMDC, take time to read their other projects, we all have the same problems, for instance sa MEZZA, they stopped paying assoc dues, kasi dipa din turned over and HOA, and SMDC wont do that kasi pinag kakaperahan nila tayo, lahat ng deliverables nawala, Im sticking to my plans, going to the media, Im still collecting all the documents that I need to present, but tuloy ako sa media, kung sino gusto sumama mas ok mas marami, kasi para sa atin lahat naman to, first time condo buyer kami, and I want my kids to enjoy the amenities na sinabi nila nun binebenta pa nila to, pero lahat nawala, nasayang lang pera namin. and yun mga open spaces, clearly naka state, di nila pwede ibenta, madami sila lawyers kasi madami sila kaso, wala naman cost pag nagpunta sa media, lahat lalapitan ko, basta mailabas lang lahat to, even going sa newspaper,those who want to join me, can text me 09179818078/ or call 2966153.
Tess Caudal unit 1109 /1110 tower 3,
Tess Caudal
tess - Thursday, Oct 3, 2013, 8:41 AM
For me, tama na yun naloko nila tayo once, fool me once, shame on you, fool me twice, shame on me, we already paid 6 months advance, na san nila gagamitin? tama na yun, until final turn over has taken place, SMDC is still the one who owns this whole area, so .... they should be the one to pay for all the repairs, maintainance, etc. check other condo project na ginawa ng SMDC, sa MEZZA di din nagbabayad ng assoc. dues, ang nangunguna dun si KERPOGI? go to skycrapercity??? check sa SM field residences, the same problem, I also have plans of meeting with them, and jointly haharap sa media, para Makita na lahat ng ginagawa ng SMDC, lahat puro panloloko, there is also instance na me bumagsak na mga glass sa MEZZA nabasag because of building overload, please check it on the internet, and mostly mga deliverables din di nagawa ng SMDC,
Cedric Bagtas
eighteen - Thursday, Oct 3, 2013, 2:56 PM
Ms tess,
sana ibigay mo na agad yong link sa internet para di na kami/ako mahirapan. di masyado techie e.
if we dont pay the association dues, we wont be able to vote in the nov 16 elections. it is clear that association dues of unitowners and SMDC (for unturned over units) are used for paying personnel, maintenance, repairs, and many other things. the interim officers i think have written SMDC regarding this, including an analysis of the rationality of budgets/expenses for grass. from the analysis, it appears that the increase in association dues is not justified, and has been so presented to SMDC. for me, the issue is whether SMDC has paid the correct amount of dues for the unturned over units.

i believe SMDC arrears in paying for the units they still hold (the majority) are the reason for delayed salaries and unaddressed maintenance and service delivery problems. i have not seen any accounting of dues collection broken down by unitowners and SMDC. it doesnt help that JBSosa is too soused to properly administer the condominium, including collecting dues. electing unitowners' directors on nov 16 will clear the air and radically improve management.

there is no conflict in going to media and efforts to remediate problems through dialogue and followups with JBSoused. both have their value. in the end, how we help make JBSoused see the error of their ways and be systematic in addressing issues in grass will determine the quality of living in this so-messy-&-deprived-condominium.
Tess Caudal
tess - Friday, Oct 4, 2013, 8:37 AM
At eighteen, me too am not a techie, but I really spend time researching on the internet, you can download the file sa internet, Condominium Act of the Philippines, and Magna Carta of HOA, punta ka sa site ng HLURB andun lahat.

pati sa late delivery ng DOAS, and CCT, and others andun, SMDC pa din ang me ari, dipa na turn over sa atin, bakit tayo maki ki share sa completion ng project? sila ang dapat gumastos sa repairs and maintainance ., di tayo. yung Grass Residence Corp. ba ang kinikilala nating HOA? the answer is no. it's the Corp, that SMDC registered, read the By laws, sila pa din ang Pres. and Treasurer, sila pa din ang majority , kasi sila ang developer. so they should shoulder all the repairs and maintainance.
Tess Caudal
tess - Friday, Oct 4, 2013, 9:10 AM
GRCC IS NOT THE LEGAL HOA, GRHA is the legal HOA, we should not support GRCC because smdc pa din yun,
Tess Caudal
tess - Friday, Oct 4, 2013, 10:13 AM
THE Housing and Land Use Regulatory Board deserves a pat on the back for its recent expeditious ruling over the case filed against the New San Jose Builders Inc. which has been ordered to pay the Quezon City government about P7-million in real estate tax obligations.

It also was directed to comply with all the demands sought by the condominium unit owners belonging to the Theresa Tower Condominium Association Inc. (TTCAI) led by its president Emmanuel Lintag and represented by lawyer Joel Pradia, both the writer’s personal friends.

Housing and Land Use Arbiter Joselito Melchor in a seven-page decision said there’s no doubt the NSJBI has the sole obligation to pay the real estate taxes to the local government since it remains to be the owner of the condominium project located in Barangay San Martin de Porres in Cubao.

“The New San Jose Builders Inc., a known developer in the real estate business, ought to know this obligation more than its innocent buyers. Its failure to deliver titles to the common areas whether consciously made or not cannot be countenanced by this Office considering the immeasurable adverse effects to the complainants, if any,” the ruling reads.

According to Pres. Lintag and Atty. Pradia, they filed the case against the company after they discovered it’s not been paying real estate taxes since 2006 up to the present, compounded by the fact that the titles to the common areas have not been delivered to the condominium association up to the present.

They had insisted that the obligation to pay the real estate taxes remains with the developer on account of incomplete turn-over of the property and incomplete development of the same, a claim that was upheld by HLURB.

It then revokes the certificate of completion it issued to the developer as it orders the latter to continue to maintain the project until its completion is certified by the agency and deliver to the TTCAI the titles of the common areas of the subject property.

The HLURB has also ordered the NSJBI to reimburse to TTCAI the amount of P1,098,600 representing the expenses for the restoration of an elevator at the condominium and to repair the other non-working elevators.

Moreover, the developer was ordered to secure property insurance on the condominium and repair its exterior such as repainting of the walls, leaking roofs and sanitary pipes, among others.

“We are doubly elated as we feel victorious by the HLURB ruling. Now it’s the turn of the developer to comply with the decision with dispatch,” the TTCAI members say.

Atty. Pradia, who ironically has clients who have similar problems with their developers, said they came out in the open not only to get what is due them but as their moral obligation that is to make the buying public fully aware about the developer’s alleged fraudulent manipulations.

For prospective condo unit buyers, beware of this
Tess Caudal
tess - Friday, Oct 4, 2013, 10:23 AM
http://www.remate.ph/2012/02/beware-of-cheating-developer/#.Uk4i5QLnhBw.facebook
Tess Caudal
tess - Friday, Oct 4, 2013, 10:34 AM
http://www.lawphil.net/statutes/repacts/ra1966/ra_4726_1966.html
Tess Caudal
tess - Friday, Oct 4, 2013, 10:36 AM
http://pvtgov.org/pvtgov/downloads/philippineHOAlaw.pdf
Tess Caudal
tess - Friday, Oct 4, 2013, 12:09 PM
If we will vote and join in the GRCC, this is another ploy from SMDC group, if kasama na tayo, are we willing to take part on shouldering all the expenses needed to complete the projects????
the SMDC were all laughing with all their hearts contents , who will fix their damage building or defects , are the homeowners association willing to shoulder the repairs? where will we get the money ,
naturally, pag nag join in na tayo sa GRCC, tataas lalo ang assoc. dues kasi, mag take part na tayo in shouldering all the repairs maintainance and development nito GRass Residence project nila, paloloko ba tayo ulit????
GRCC is not the true and legal HOA, our own GRHA yun ang group natin, we will just wait for SMDC to finally turn over it to us, once they already have the Certificate of Completion from HLURB. I'm an accountant and I have a client who's into real estate, actually developer din. , that's why somehow , the little knowledge that I have, I share kasi para sa atin to, malalamangan na naman tayo ng SMDC.
Tess Caudal
tess - Friday, Oct 4, 2013, 12:16 PM
Once we form an association , or join sa coming election ng GRCC, we will then take a seat sa Board, and then what???? we will then take part sa expense, e hindi pa nga fully completed ang project, this is just another panloloko ng SMDC, take SM MEZZA , they boycott the elections, Sana mag isip muna tayo, hindi tayo dapat nagmadali , we should let the SMDC, fix their deffective condos., and wait unitl completed na lahat ng deliverables ,
Tess Caudal
tess - Friday, Oct 4, 2013, 12:45 PM
For this coming elections, let us pause and think about this, if we will join in GRCC, that would mean, we acknowledge it as the sole and legal HOA, which is in fact, it was created by SMDC, if and when maupo na sa BOARD, that means, majority of HOA have agreed that GRCC is the legal one, it is legal because GRCC is registered sa SEC, but it is not the TRUE HOA, our HOA is this one, GRHA, created by the unit owners of Grass Residence, let us support GRHA and not GRCC, once maki join tayo sa GRCC, we will again let SMDC to manipulate us, makiki share na tayo sa cost of developing, repairs and maintainance, which should be the sole obligation of SMDC.
Tess Caudal
tess - Saturday, Oct 5, 2013, 3:41 PM
TO ALL UNIT OWNERS, Please take time to read the By laws of GRCC, once na me maupo sa atin dun, makiki share na tayo ng mga expenses, taxes, di natin obligasyon pa yun kasi wala pang final turn over, final turn over will take place, once HLURB issues a certificate of completion sa SMDC, please don't be fooled again,

Wilfredo Flores
waflores - Sunday, Oct 6, 2013, 11:10 AM
I would greatly appreciate it if someone could enlighten me on the issue of voting rights assignment/entitlement for the 300 & 1710 unturned over units in Towers 1 & 3 respectively. In case these units have not been accepted yet by the buyer-owners due to their being defective/deficient/unfinished, then the respective buyer-owners can not pay the ascoociation dues which consequently and technically deprive them of their voting rights. However, in my view SMDC/GRCC shall not be assigned or given the voting rights for these units... only those finished but unsold units shall SMDC/GRCC be given the voting rights
Tess Caudal
tess - Monday, Oct 7, 2013, 8:24 AM
May I ask the Interim Officers on their opinions, on this whole issue or can we have a joint meeting, Tower 1 and Tower 3, to enlighten our other co unit owners, this sunday preferably, before the elections on Nov. 203, I think it would benefit all of us if all the issues would be answered first, hwag tayo magmadali magkaron ng election, it would be better if all Interim Officers could comment on the topics. Thanks,
Tess Caudal
tess - Monday, Oct 7, 2013, 9:03 AM
Herewith is Section 27 of PD957 verbatim:

1. No owner or developer shall levy upon any lot or buyer a fee for an alleged community benefit. Fees to finance services for common comfort, security and sanitation may be collected only by a properly organized homeowners association and only with the consent of a majority of the lot or unit buyers actually residing in the subdivision or condominium project;
Can officers of a developer collect association dues or fees from homeowners for the maintenance and security of a subdivision?
Answer: No, because association dues or fees for the maintenance and security of a subdivision (or condominium) can only be collected by a property organized Homeowners Association with the consent of a majority of the lot or unit buyers actually residing in the subdivision project (Sec. 27 of PD 957)
Tess Caudal
tess - Monday, Oct 7, 2013, 10:03 AM
With regards to false advertisements on flyers and misleading statements from the SMDC sales agents, SMDC still has no right, SMDC is still liable per HLURB ruling on Advertisement.

Article IV, Section 5 of Executive Order 648, as amended by Executive Order No. 90 Section 19 Presidential Decree No. 957;

Section 6 WHAT SHOULD NOT BE INCLUDED IN THE ADVERTISEMENT;
The following shall not be included in the advertisement :
. Disclaimer
2. Any future development not covered by license to sell
3. Exaggerations or misleading information.

In the case of Grass Residence, the advertisement on their flyers, misleading information.
SECTION 8 ; WARRANTIES ;
The owner or developer shall be answerable and liable for the facilities, improvements, infrastructures or other forms of development represented or promised in the brochures, advertisements, and other sales propaganda disseminated by the owner developer or his agents and the same shall form part of the sales warranties enforceable against said owner or developer, jointly or severally. Failure to comply with these warranties shall also be punishable in accordance with the penalties provided for in PD 957.

SO KAHIT VERBAL LANG AND MGA PROMISES NG AHENTE NATIN LIABLE PA DIN SILA, SMDC.
Tess Caudal
tess - Monday, Oct 7, 2013, 10:26 AM
To all Unit owners , I have a suggestion, if we have lawyers co unit owners here, it would be better if they would be the one to interpret the laws, I'm not a lawyer though I have some units in law subjects, and maybe we could set a meeting ,instead of whining and complaining, let's unite and have a meeting ASAP, since medyo malaki ang mga problema and issues here.
Wilfredo Flores
waflores - Monday, Oct 7, 2013, 1:50 PM
The way I see it is that a significant portion of the (on-going) project/condominium development & construction cost which should be shouldered solely by the developer-owner SMDC is being manipulatively passed on to us unit buyer-owners as part of the maintenance cost & association dues.
Irwin Chua
irwinchua - Tuesday, Oct 8, 2013, 6:14 AM
Ms tess, masok kung magpost sa bulletin board sa baba at sa mga elevator. pra alam ng lht ng tao and before meeting sana atleast 1 month notice pra alam ng lht ng tao. at yung mga hinahanap ntn na lawyer post dn sa baba. ok yan plano mo.
Tess Caudal
tess - Friday, Oct 11, 2013, 12:56 PM
Paying for the homeowners association dues is legal and necessary. It is because the payment collected from the dues are to be used for the daily expenses used by the community for the street lights, garbage collection, security personnel and other regular maintenance of the said subdivision. And this is the reason why the homeowners have signed the the clause under the Master Deed of their units to religiously pay the homeowners association dues. -
However, in Grass Residence ,, the Homeowners Association is handled and put up by the employees of its developer, SMDC,. In fact, the five seats for the board of directors and trustees of GRCC are all occupied by employees of SMDC.

It is also noted that HOA dues are tax-exempt while water bill payments are not. Combining them in to one bill would eventually tax us even more. I just couldn't comprehend why GRCC is doing this. If they are indeed paying taxes, they are too generous to the government and even allowed themselves to be taxed for the HOA dues collected. -
HOA Assoc. dues are tax exempt. ,

Legal Implications

It is noted via Presidential Decree 957 that a Homeowners Association must not be handled by the developer. In this case, GRCC. However, 100% of the Board of Directors of GRCC are all SMDC employees. This makes GRCC illegal under this decree.


So why do SMDC and GRCC push the elections? to legalize the GRCC, as our HOA, which should not be the case, creating our own HOA will really take time, because, we still have to wait for SMDC to complete this project , to fulfill all their promises even in the brochures, flyers, advertisement, website, they SMDC is still liable and obliged to deliver it to us.

Can officers of a developer collect association dues or fees from homeowners for the maintenance and security of a subdivision?
No, because association dues or fees for the maintenance and security of a subdivision can only be collected by a property organized Homeowners Association with the consent of a majority of the lot or unit buyers actually residing in the subdivision project (Sec. 27 of PD 957) -
When asked regarding the official response of GRCC regarding this matter,one of the Board member said which happens to be one of the board of directors of GRCC (By the way, this person is an employee of the developer and a non-homeowner of Grass Residence,, his response was that the GRCC by-laws allows it so.

So they are now pushing the elections to transfer all the cost, repairs maintainance to us, unit owners,.

It must be noted that any by-laws of a homeowners association must never go against the law that allowed its existence. And it seems, the by-laws created by GRCC is in contradiction of the available laws for homeowners associations - See more at: Magna Carta of HOA can be downloaded at HLURB.

Tess Caudal
tess - Friday, Oct 11, 2013, 3:11 PM
Current Status

The developer,SMDC, probably being mindful of the circumstances and irregularity of its self-proclaimed and self-ruled GRCC Homeowners Association, is now calling for an election of officers from the homeowners. However, be informed that they are still pushing for what its own bylaws is pertaining to. Board of Director seats must still depend on the occupancy of not only Grass Residences Tower 1, Tower 2, Tower3, which as of this time has minimal occupancy thus giving relentless power to the developer.

The homeowners must know that this only gives the opportunity for the developer to prove that the homeowners "agree" with current GRCC bylaws, and the homeowners only elect a set of officers that still do not have the decision-making power of the homeowners association.

SOLUTION:

in the name of community empowerment, Uphold your rights as homeowners of Grass Residences. Do not allow the developer to handle the HOA, because the mandate of HOA is to protect and nurture the community via a non - profit organization to which is only handled by homeowners. The resistance of GRCC to show us all the financial statements , books of accounts, from the year it started, is a good reason enough that there is a probability that the dues that we pay may be going somewhere else. RA 9904 Provides specific instructions on how to unseat the board members and modify by laws with a simple majority of its members, us unit owners, excluding the Board of Directors. We can use this power given by law to protect our rights and our family in years to come. After all, this is OUR COMMUNITY.
Election as of this time is not the answer.
Ryan Estevez
attyrlestevez - Wednesday, Oct 16, 2013, 5:28 PM
First and foremost, we as homeowners are MEMBERS of the Grass Residences Condominium Corporation. We are governed by the Corporation Law, the Condominium Act, the By-Laws and the MasterDeed in terms of Management of the Corporation. We are not covered by RA 9904 for this pertains only to Homeowners Association (HOA) registered under the HLURB. GRCC as a corporation is duly registered (unless proved to be illegal) under the SEC. Unless the Condo Corp is dissolved under the Corporation Code on the Dissolution of a Corporation, we are still a corporation and is covered by the Corporation Law.

Secondly, the elections of the Board of Trustees (not Directors) is stipulated and its schedule is stated in the By-Laws and the MasterDeed of the GRCC. The said Schedule cannot be subjected to the whims and caprices even of the President of the Condo Corporation. Again, this is expressly provided for in the By-Laws and Master Deed of the Condo Corp.

Sec. 2 of RA 4726 thus reads:

Sec. 2. A condominium is an interest in real property consisting of separate interest in a unit in a residential, industrial or commercial building and an undivided interest in common, directly or indirectly, in the land on which it is located and in other common areas of the building. A condominium may include, in addition, a separate interest in other portions of such real property. Title to the common areas, including the land, or the appurtenant interests in such areas, may be held by a corporation specially formed for the purpose (hereinafter known as the 'condominium corporation') in which the holders of separate interest shall automatically be members or shareholders, to the exclusion of others, in proportion to the appurtenant interest of their respective units in the common areas.
Tess Caudal
tess - Thursday, Oct 17, 2013, 11:41 AM
Based on what I have seen and observed,thus far, I gather that the “Final Turnover” of Grass Residences hasn’t yet occurred. This is an important date in the life of a Condominium Project. This can only take place when the following has occurred:

- 50-100% of the units have been turned over to the buyers,
- 50-100% of owners are in possession of their CCTs to enable them to vote,
- the amenities and common areas are completed, including the Titles,
- there is no more major construction work taking place, ( There's still construction going on )
- the remaining construction work pertains to minor finishing touches and rectifying deficiencies.

When the above has taken place, then the Developer can perform the “Final Turnover”. Its implications are as follows.

- The Developer no longer have majority vote.
- The first “Annual General Meeting” is announced. This event is important because the election of officers of the Condominium Board from the ranks of unit owners will be voted on by his peers.
- With the election of the officers of the Condominium Board, control of the Condominium Corporation is rested from the Developer and control is ceded to the newly elected officers of the Condominium Board. This is the start of the HOA. The names of the officers will be submitted to HLURB.

Unless the “Final Turnover” has occurred, any effort you make in controlling or influencing the directions of the affairs of the Condominium Project is at best miniscule if not futile, because you don’t have authoritative say in the running of the affairs of the Condominium Corporation, and whatever you say is merely a suggestion for their consideration. At the moment, the officers of the Condominium Board have been put in place by the Developer and coming from the ranks of their employees as they still have majority shares of the corporation. ,

Hope this helps in explaining what’s been happening thus far.
Michael Rivera
michael_r - Friday, Oct 18, 2013, 12:17 PM
Ito ang aking point-by-point reply sa post ni kasamang Tess Caudal.
Pasensya na lang sa ALL CAPS.
Inde ibig sabihin nun SUMISIGAW AKO.
IM JUST SEPARATING THE STATEMENTS OF TESS FROM MY OWN STUDIED INTERPRETATION OF THE POINTS.

"Here are the provisions (two) in the ACT pertaining to amending certain provisions in the Master Deed:
(1) The Condominium ACT, Republic ACT No. 4726, Section 4-(H):
The enabling or master deed may be amended or revoked upon registration of an instrument executed by the registered owner or owners of the property and consented to by all registered holders of any lien or encumbrance on the land or building or portion thereof. The term “registered owner” shall include the registered owners of condominiums in the project. Until registration of a revocation, the provisions of this Act shall continue to apply to such property.
(2) The Condominium ACT, Republic ACT No. 4726, Section 9-(b):
The manner and procedure for amending such restrictions: Provided, That the vote of not less than a majority in interest of the owners is obtained.
Opinion: the above two provisions in the ACT clearly provides an amending formula in modifying the Master Deed. It only requires a simple majority vote of members of the Condominium Corporation, and registering the change (registration of instrument) in the Land Title’s Office. You will have to bide your time till after the “final date of turnover” has taken place, when majority vote is no longer owned or controlled by the Developer, after the formation of a real HOA, and election of officers coming from the ranks of unit owners has taken place."

MICHAEL -
YOUR CONSULTANT IS CORRECT.
ANY AMENDMENT TO THE MASTER DEED REQUIRES THAT “the vote of not less than a majority in interest of the owners is obtained.”
A “majority in interest of the owners” refers to who holds/controls the units, etc. in Grass.
SMDC controls the units not yet turned over AND WILL VOTE THEM; THE UNITOWNERS WHO NOW HAVE THEIR UNITS CONTROL THEIR UNITS AND WILL VOTE THEM.
RIGHT NOW, SMDC STILL HOLDS A MAJORITY IN INTEREST OF THE OWNERS (there are many more unturned over units than units turned over to unitowners).
YOUR CAMPAIGN TO BOYCOTT THE ELECTIONS ON NOV 16 will ensure that SMDC will continue to hold a majority in interest OF THE OWNERS in Grass IN PERPETUITY.
YOU MISINTERPRETED THE ADVICE ‘to bide your time till after the “final date of turnover” has taken place, when majority vote is no longer owned or controlled by the Developer, after the formation of a real HOA, and election of officers coming from the ranks of unit owners has taken place.’
The advice is very clear: that you should wait when the majority vote is no longer held by SMDC. WHEN SMDC NO LONGER HOLDS MAJORITY IN INTEREST OF THE OWNERS.
THAT IS NOT NECESSARILY TRUE, NOR THE CORRECT ACTION EQUITABLE FOR UNITOWNERS; BUT THAT IS NOT THE POINT RIGHT NOW.
The advice TO “BIDE YOUR TIME” till after the “final date of turnover” REFERS TO A PROSPECTIVE ATTEMPT BY UNITOWNERS TO AMEND THE MASTER DEED to fully reflect the interest of unitowners. THE ADVICE REFERS TO AN ATTEMPT IN THE FUTURE BY THE UNITOWNERS TO RUN GRASS THEMSELVES.
THE ADVICE IS NOT FOR BOYCOTTING THE ELECTIONS.
Boycotting will ensure continued SMDC control of Grass EVEN WHEN IT NO LONGER HOLDS MAJORITY IN INTEREST OF THE OWNERS.
BTW, THE ADVICE FAVORS SMDC. IT WILL TIE UNITOWNERS TO SMDC CONTROL AND INEPT MAINTENANCE AND SERVICES UNTIL FINAL TURNOVER OF THE PROJECT.

"Take note of a similar restriction in your Master Deed that goes something like this.
This is what appears in mine from Megaworld. I am sure you have something similar with SMDC
Master Deed: Section 3. Maintenance, Repairs and Alterations. (A.) Designation of Developer as Property Manager. The Developer is hereby designated as the Property Manager of the Project for a period of 25 consecutive years. In this connection, the Developer may designate any of its subsidiaries, associates and/or affiliates to act as Property Manager for the Project.
Opinion: It is this type of restriction that handcuffs future unit owners and binds them with an existing Property Management Company put in place by the Developer. With a near perpetual assurance of being designated as your Property Manager, regardless of performance, service, and track record, is that really the best way in motivating a call to duty? Future officers of the Condominium Corporation coming from the ranks of HOA should not be handcuff with this kind of restriction placed in the Master Deed, and should have a free hand in maintaining or replacing them, based on the interest of the majority of the homeowners."

MICHAEL -
WHAT WAS CITED IS NOT FROM THE SMDC MASTER DEED. YES, WE MIGHT HAVE SOMETHING SIMILAR IN SMDC AS IN MEGAWORLD.
THE SMDC MASTER DEED IS WORSE, BUT THE AMENDMENTS TO THE SMDC MASTER DEED DID NOT COMPLY WITH THE STIPULATIONS OF LAW AND REGULATIONS, AND THEREFORE VOID.
I WILL NOT DISCUSS IT HERE. THERE IS A PROPER TIME FOR THAT.
AS POSTED EARLIER BY MANY,
THE SHARE IN EXPENSES FOR GRASS SHALL BE PROPORTIONAL TO THE HOLDINGS IN INTEREST OF THE OWNERS, THE OWNERS BEING SMDC (AT VARIOUS STAGES OF PROJECT COMPLETION) AND THE UNITOWNERS.
THE CORRECT DETERMINATION OF THE SHARES OF SMDC AND OF THE UNITOWNERS IN EXPENSES FOR GRASS CAN BE DISCUSSED IN ANOTHER FORUM. MORE DISCUSSION HERE WILL EXPOSE TO SMDC ONGOING UNITOWNERS’ ACTIONS ON THE ISSUE.

"I know for a fact that since SMDC fooled the HLURB in stating that Final Turn over has taken place, what I mean with Final turn over, hindi lang mga units na dapat I turn over sa atin, this includes all the facilities and amenities, and the title in the common areas, and other open spaces, SMDC IS STILL LIABLE TO US , because it's simple, sila ang developer, and no final turn over has taken place???"

MICHAEL -
SMDC FOOLED HLURB? That’s a GRAVE accusation. WHAT’S THE PROOF?
WHERE’S THE DOCUMENTATION?
WE CAN USE THAT IN BRINGING A CASE AGAINST SMDC!
ALAM NAMING LAHAT NA WALA PANG FINAL TURNOVER. NA TURNOVER NA ANG MARAMING UNITS SA HOMEOWNERS,
PERO MALIWANAG SA AMIN NA MAY LIABILITY PA ANG SMDC SA UNITOWNERS, UNTIL THE FINAL TURNOVER.

"@ Michael, hindi lang turn over ng units ang sinasabi sa batas, kasama ang mga facilities, amenities, common areas, etc, and whle dipa nangyayari yun, SMDC is still liable, kulang kulang pa ang mga kailangan na I develop nila such as yung mga amenities that they include sa flyers, brochures, advertisements, website, they are abliged and liable to deliver it to us, they cannot just say that they can modify it,"

MICHAEL -
THE LAW IS CLEAR ABOUT THE RESPONSIBILITY OF THE DEVELOPER AND THE UNITOWNERS.
THE LAW IS CLEAR ABOUT THE LIABILITY OF SMDC REGARDING THE DELIVERABLES.
THE LAW IS CLEAR ABOUT THE SHARED LIABILITY OF SMDC AND THE UNITOWNERS IN OPERATING GRASS.
THE LAW IS LIKEWISE CLEAR ABOUT ANY MODIFICATION OF THE MASTER DEED.
I NEVER SAID THAT SMDC’S LIABILITY HAS ENDED. IF YOU BACKREAD THE POSTS HERE, YOU WILL SEE THAT I WAS AMONG THOSE WHO CALLED ATTENTION TO THE DELIVERABLES NOT YET DELIVERED, AND THEREFORE STILL THE LIABILITY OF SMDC.
YOU ARE THE ONE WHO INSINUATED THAT SMDC CLAIMS NO MORE LIABILITY (A SERIOUS ERROR), DAHIL ‘SMDC FOOLED THE HLURB”.
UULITIN KO, ALAM NAMING LAHAT NA WALA PANG FINAL TURNOVER NG PROJECT. NA TURNOVER NA ANG MARAMING UNITS SA HOMEOWNERS,
PERO ALAM NAMING MAY LIABILITY PA ANG SMDC SA UNITOWNERS.

A SIMPLE BACKREADING OF THE POSTS IN THIS GRASS WEBSITE WILL SHOW NA MARAMI NANG NAGPOST NG MGA ITEMS NA DI PA NA-DELIVER NG SMDC.
MARAMING UNITOWNERS NA ANG NAGSABI NUN.

ALAM NAMIN NA SMDC CANNOT JUST MODIFY THE DELIVERABLES AND THE MASTER DEED.
MAY STIPULATIONS YAN.
MAY REQUIREMENTS ANG LAW PARA SA MODIFICATION NG MASTER DEED.
MARAMING UNITOWNERS NA NA NAGPOST NYAN DITO BAGO MO INULIT.
THERE IS LAW ABOVE THE MASTER DEED.

PERO MAHIRAP SABIHING LAHAT DITO UNG MGA GINAGAWA NG MGA INTERIM OFFICERS TUNGKOL SA MGA ISSUES.
BAKA KASI MABALITA SA SMDC. MAY MGA TROJAN HORSES ANG SMDC DITO.

"turn over of units, is one factor , but hindi ito ang sinasabi sa batas na final turn over, how about yung Tower 2 na dipa nga tapos? how about ditto sa tower 3, and what about the legal documents that they need to turn over to us? in short, it's still a long way,"

MICHAEL -
HINDI LIABILITY NG GRCC O UNITOWNERS ANG COMPLETION NG TOWER 2 O YUNG SABI MO NA DI PA TAPOS SA TOWER 3.
MALIWANAG SA LAHAT NA LIABILITY UN NG DEVELOPER SMDC.
IKAW ANG NAG-CLAIM THAT “SMDC FOOLED THE HLURB.” “I know for a fact that since SMDC fooled the HLURB in stating that Final Turn over has taken place XXX.”

"Hindi ako pumapapel dito, and isa pa , hindi din ako nag a aspire to take a seat dyan sa GRCC, im just concerned and I want SMDC to fulfill their promises, I just want to inform other unit owners, madali magkaron ng HOA, wag natin pahinugin sa pilit, maaga pa,"

MICHAEL -
WALANG PROBLEMA KUNG PUMAPAPEL DITO.
LAHAT NG MGA UNITOWNERS DITO MAY PAPEL PARA SA KAPAKANAN NG GRASS.
I-VERIFY MUNA ANG ‘FACTS’ AND INFORMATION AND AYUSIN LANG ANG PRESENTATION.
NO ONE BEGRUDGES ANYONE,
INCLUDING YOU OR ME OR ANY OTHER,
TO ASPIRE FOR A SEAT IN GRCC.
KUNG UNITOWNER KA IN GOOD STANDING,
MERON KA RIGHT TO ASPIRE FOR ANY POSITION IN GRCC.
JUST LIKE OTHER UNITOWNERS IN GOOD STANDING.
MARAMING NAUNA NANG NAGWORK DITO SA MGA ISSUES.
UNG MGA INTERIM OFFICERS, UNG CORE GROUP, WHICH, BY YOUR PRESENTATION,
YOU ARE CHARGING WITH IGNORANCE.
NAUNA NA SILANG NAGPAKITA NG MALASAKIT SA GRASS RES DAHIL COMMUNITY NATIN ITO.
DI SILA NAKUKUHA SA WRONG INFORMATION, HALF-TRUTHS, AND OUTRIGHT DISINFORMATION. WELCOME ANG CONTRIBUTION NG LAHAT.
WAG LANG BALEWALAIN ANG MGA NAGAWA NA AT GINAGAWA PA.
UNFAIR TO THE MAX YUN!

“madali magkaron ng HOA, wag natin pahinugin sa pilit, maaga pa,”

MICHAEL -
MADALI PERO WAG PAHINUGIN SA PILIT? SA TOTOO LANG, CONFUSED AKO SA STATEMENT NA ITO.

"ok, if we will have a seat sa GRCC, and if SMDC will turn over the whole project to GRCC na nakaupo na ang mga unit owners, what will happen????? the responsibility of developing this project e ma transfer sa atin sa GRCC, that will means GRCC will shoulder all the cost of repairs, maintainance, etc. that would mean, increase in association dues, na shift sa GRCC ang development, at ang obligasyon na dapat e sa smdc,"

MICHAEL -
PAG NA-TURNOVER SA ATIN ANG COMPLETED PROJECT,
ATIN NA TALAGA ANG RESPONSIBILITY.
MALIWANAG SA AMING LAHAT YUN.
WHETHER GRCC UN O ANO PA MAN, PAREHO RIN ANG EFFECT;
UNG TUMANGGAP NG COMPLETED PROJECT ANG RESPONSIBLE.
DI TATANGGAPIN NG TAMANG BOARD ANG GRASS RES NANG DI PA TAPOS ANG LAHAT.
WALA AKONG KILALA SA MGA INTERIM OFFICERS AT CORE GROUP NA TANGA,
TANGANG TATANGGAP NG DI PA COMPLETED NA PROJECT.

BY THAT TIME, KUNG WE WILL ENGAGE AND VOTE ON NOV 16 AND IN SUCCEEDING ELECTIONS,
UNG TAMANG GOVERNING BODY NA NG UNITOWNERS ANG SUPREME.
BY THAT TIME, KUNG WE WILL ENGAGE AND VOTE ON NOV 16 AND IN SUCCEEDING ELECTIONS,
FULLY DEMOCRATIC ANG PROCESSES FOR DECIDING ON AMENDMENTS TO THE MASTER DEED, AMENDMENTS TO DELIVERABLES,
ADJUSTMENTS IN ASSOCIATION DUES,
MONITORING MAINTENANCE, SERVICES, ETC. MAGSAWA TAYO SA BALITAKTAKAN BY THAT TIME. UNLIKE NGAYON, NAGUGULAT NA LANG TAYO SA MGA CHANGES,
AS SMDC HOLDS MAJORITY IN INTEREST OF THE OWNERS AND EXERCISES ITS MAJORITY WITH IMPUNITY.

NASA ATING MGA UNITOWNERS ANG PAGASA. WE WILL RISE OR FALL BY OURSELVES.

"how abot yung mga CCT , wala pa din, and I mean hindi lang ang mga CCT ng mga unit owners.

IBANG USAPIN ANG CCT. TINIMBRE NA RIN NG INTERIM OFFICERS SA SMDC ANG USAPIN NG CCT. HINDI SILA NATUTULOG.

nO ELECTIONS should take place on Nov. 16, we have to wait until SMDC gets a Certificate of Completion from HLURB,"

MICHAEL -
SUS. DI TAMA YAN!!!
KELANGAN NATING BUMOTO SA NOV 16 PARA MAGKAROON NG VOICE ANG TAMANG UNITOWNERS SA GOVERNING BODY NG GRASS.
KELANGANG BUMOTO SA NOV 16 PARA
MAIPADAMA SA SMDC AT SA MGA ALIPURES NYA
NA WE ARE FED UP WITH THEIR INACTION OR DELAY ON DELIVERABLES, TURNOVERS, MAINTENANCE, SERVICES, ETC.
IKAW NA ANG NAGSABI
NA MATAGAL PA ANG COMPLETION NG PROJECT;
PAG DI TAYO BUMOTO SA NOV 16,
TATAGAL PA ANG PAG-UPO NG PROPER BOARD TO RUN GRASS PROPERLY.
PAG WALA ELECTIONS,
MAGTATAGAL PA MAGHARI ANG MGA ALIPURES NG SMDC SA GRASS.
GANUN BA ANG GUSTO NATIN?

MARAMI PANG USAPIN.
PERO AYOKO NA MAG-POST IN REPLY SA PAULIT-ULIT NA RESTATEMENT NG MGA BAGAY NA NAPAGUSAPAN NA,
INCLUDING FLAWED INTERPRETATION OF LAW, REGULATIONS, MASTER DEED, ETC. AND THEIR IMPLEMENTATION.
NASASAYANG ANG ORAS
NA DAPAT DEVOTED NA TO ENSURING
THAT UNITOWNERS VOTE ON NOV 16.
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