Dear Mr. Calzado,
You have cordially answered our registration queries through a phone conversation a couple of months back, so please let me take this opportunity to thank you in behalf of our homeowners and their newly elected and certified officers.
Now if I may further take advantage of your office in this commendable forum, I have sir a couple of questions:
1. Before being certified by your Region IVA office, we were required to modify certain papers due to its inconsistency with our bylaws (bylaws which we didn't know existed incidentally bec. it was done by our developer and didn't seem to quite bother inform us in our 7 years existence as HOA pro tem) i.e. we elected fifteen board members instead of five. We did however comply with the requirements and submitted it for the second time where it was approved (not as cordial as I assume you may have done it) and certified.
Strict as they are on rules, I noticed that they seemed to have undermine or overlooked the election date which was also inconsistent with the existing by-laws.
Anyway, the certification came out with a waiver that says '...this Office does not assume any responsibility as regards the veracity & authenticity of the aforementioned documents...and whether the same are in accordance with the provision of the By-laws of the Association.'
Mr. Calzado, this may sound stupid but who is responsible for its veracity? Do they only authenticate such when we already have a case in a court-of-law? Wouldn't you be disappointed after a 480 km trip and trouble getting people to meet and sign papers just to religiously stick to the by-laws then have the office telling us they are not responsible for it?
2. In light of section 30 of P.D. 957 and section 27 complementing it, our developer have collected fees for security and maintenance for the past 9 years to unregistered and unknowing organized homeowners and lot owners alike.
My question Mr. Calzado is this, is such a common practice among developers? If it is, do you think we will get anything if we ask for full accountability from the owner/developer/homeowner (who I presume did not even meet the yearly reportorial requirements of the HLURB)?
I am not going to run after those giants if they, as it appears, run around the law. I don't have the capability Mr. Calzado. But may God have mercy on their souls.
Please forgive the tone of my queries as I am quite indignant when I think about anything seemingly Machiavellian. Maybe you can enlighten us and consequently change our views.
Thank you again Mr. Calzado for accomodating us.
Reference for readers of the forum:
P.D. 957 (a.k.a. THE SUBDIVISION AND CONDOMINIUM BUYERS' PROTECTIVE DECREE)
Section 27. Other Charges. 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.
Section 30. Organization of Homeowners Association. The owner or developer of a subdivision project or condominium project shall initiate the organization of a homeowners association among the buyers and residents of the projects for the purpose of promoting and protecting their mutual interest and assist in their community development.
Sanctions for Violating P.D. 957 are within this site.
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