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HOA Validity


Author:

Jorelle Villanueva

Time:

25.07.2008 14:02

Text:

To whom it may concern,

Please go through my letter and react as necessary. I will just lay down the actual events that has happened and would appreciate hearing your comments on certain situations.

In 2004, the Developer of our subdivision intiated the forming of a HOA. This move did not have any consultation or pre-meeting with any of the residents, except for a letter of invitation, given a week before a so-called "election-day". The invitation highlighted, that there will be a meeting, to elect officers that will occupy 2-seats out of the available 5 on the board directors. On the day of the meeting/election, the attendees stipulated, that they do not object to the formation of a HOA. However, a deferment was requested, until multiple question are answered. These queries include:
1)Do they have a "Certificate" that would justify completeness of their commitment towards the development of the subdivision? IS THIS REQUIRED BY LAW, PRIOR TO INITIATING A HOA?
2)Do they have a "certificate" or "document" that would absolve them from any debts (as the developer in our subdivision) with any 3rd party institution (i.e., meralco, etc)?
3)Why are the streetlights not completed? The lots farthest from the gate are poorly lit or there was no street light at all. SAFETY and COMFORT LIVING was one of their promotional highlights
4)Why do we have to hire/pay an ADMIN. MANAGER for Php50,000/month?
5)Why are your proposed Operation and Maintenance cost very expensive? During that time, there are only about 51 residents occupying the subdivision. The available lots within the facility is about 1,100
6)If you (the developer) is bragging about "still" owning the majority of the lots (since buyers are still less than 50% paid on the contract price), why should WE, the 51 residents (4.6%) be burdened with the responsibility of maintaining the subdivision? Isn't this too early?
7)Why are you only giving us 2-seats, when we are the ones who are residing in this subdivision?
8)etc.etc.etc. allow me to cut it here

All of this questions, was carefully given a "NOTED" comment, by a person holding a "gavel" and sitted together with a Panel of Developer representatives. It was to our understanding that upon raising these concerns, they (the "Developer") would defer the election and find ways of getting into an agreement with "US". Moreso, we do not even know the existence of a"BY-LAWS" being available already. However, WE were suddenly caught by surprise when a group of people, whom we do not even know whether they were lot owners, started nominating people and all of a sudden, there were 2 elected officers already. To our dismay, we the 51 residents just stood up and left the meeting, without any idea as to where will we be headed.

As of present time, WE continue to ignore that we are members of this HOA. However, this so-called HOA, continue to threaten us with water cut-off, constituting a "lien" to our property, etc. etc., if we do not pay the association dues.

Please enlighten us with what to do, or how do we go about this situation.

Thank you very much.



Message threads

Topic: Author:
Time:
Message  HOA Validity
Jorelle Villanueva 25.07.2008 14:02  
Message    RE: HOA Validity
jasmine NATO 28.07.2008 21:57  
Message      RE: HOA Validity
raul sanchez 31.07.2008 11:46  

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