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association member disqualified to vote.

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1 association member disqualified to vote. on Fri Jun 03, 2011 2:10 pm

midland


Arresto Menor
Thanks for offering this service, great.
Here is the scenario:
I am a unit owner at Midland Plaza Condominium. I am current with all my bills, dues etc, except for one: Two years ago, we were informed that we would have to pay back taxes, to the amount of roughly Peso 3000.- per sqm. The tax demand was in the name of the developer, Midlandplaza Development Corp, we are Midlandplaza Condo Corp. The developer still owns about 25% of all the units and runs a hotel within the condo and has all seven seats on the board of the association. About 70% of the unit owners refused to pay, questioning the legality of the whole process.
Our last AGM was in 2007, there was no agm till now, April 2011. I have not received any more demands about those back taxes.
At the agm this April, after we were counted towards establishing a quorum, we were informed that we would be ineligible to vote at the meeting.
Is this correct? Should there a) not have been sanctions if we were delinquent members?
It seems to me that we were lured into the meeting just to make sure that there is a quorum, and bec. the majority there was the developer, they could then pass everything according to the developer's interest, amongst others "sanction the acts of the board from 2007 till now"
Can we be counted towards a quorum and then be disqualified to vote?
Thank you in advance for your reply/

midland

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2 Re: association member disqualified to vote. on Sat Jun 04, 2011 1:57 pm

attyLLL


moderator
on its face, it looks irregular, but it's not clear why you were disqualified and the effect. if by your leaving, there was no longer a quorum, then the resolutions would be invalid.

the developer gets away with it even with just 25% ownership because the unit owners are often not vigilant enough.


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3 Re: association member disqualified to vote. on Sat Jun 04, 2011 9:48 pm

midland


Arresto Menor
Wow, such a fast reply, thank you very much. Sorry if I did not make myself absolutely clear. We were all disqualified to vote because we did not pay the special assessment for the 5 years of back taxes. We are challenging the legality of the back taxes, as they are not in the name of the condominium corporation but in the name of the developer.
The question is then: Can we be disqualified from voting because we challenge the legality of the assessment for back taxes which are not even in the name of the condo corporation (association) ?

I assume the developer, who controls the board totally, needed to ensure that at this meeting there was a quorum, as one point of the agenda was " the Ratification of the acts of Management and the board" The last meeting with a quorum was in 2007.

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4 Re: association member disqualified to vote. on Mon Jun 06, 2011 8:18 pm

attyLLL


moderator
i believe their argument is that you are not in good standing. Your remedy will be to file a complaint at hlurb.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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5 Re: association member disqualified to vote. on Tue Jun 07, 2011 9:01 am

midland


Arresto Menor
thank you very much again for your advice. We, a number of concerned unit owners have now founded an informal group to challenge the present board and its president on all their machinations. We have been looking for a legal counsel. If you are available, please email me. And thanks again for your effort and your free service.

Midland

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