Sir,
For a brief backgrounder, The officers of our HOA have resigned from our respective positions, last December 16, 2007. We feel that our members are not cooperating with us, so we decided to resigned from our post and have an election to choose among the rest of the homeowners. But the scheduled election failed due to lack of quorum of the general assembly, just as the by laws is mandating. We have announced in advance that there will be a general membership meeting and one of the agenda will be the election. Our homeowners are not interested with the organization and questioning the membership fees and dues.
My question is, will there be a hold over of our positions until other officers has been elected? even if we do not like it anymore? The election that was held on February of 2007 was a sort of selection rather than nomination even if the person has some hessitation to fill in the position. Can the developer impose to us that this a breach of contract even if we do not have any contract at the first place to manage the place and they have not yet transferred to us yet. We are not willing due to the unfullfilled promises of the Developer.
My other concern is with our Developer: We have made a complaint to Region 3 HLURB and the representative of the Developer has made many promises to this day is still unfullfilled. these are
1. Improvement of Water Supply
2. Lot Titles to Homeowners who has already paid.
3. Street Lights in the inner part of the Subdivision
4. Deteriorated roads
5. No Club house and Playground
6. Upkeep of the subdivision
At present, they have transferred the management of water to the association (i.e. water reading and collections) and they have imposed to us the sharing of the Developer as 30% and 70% to the home owners.
Can they impose this?
How can your agency help us in this matters?
Thank you.
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