HOA for several buildings was created and registered in the early 80's. Due to many unresolved issues (particularly on the payments of loans), officers and members lost interest and the association had been inactive for more than ten years. Only Building Administrators (BA's) were left to attend to particular affairs of each buildings. (Welcome to my community}
In 2008, these BA's met and elected a new set of HOA Officers. There was a "ratification" by the"members" of the elected officers and there will be a referendum for their confirmation. The directors and officers assumes office up to this day.
Question: Are they legitimate or not?
HOA By-laws states:
1.Directors shall be elected by a secret ballot at the annual meeting of the members of the Association by plurality vote per building. Term 1 year/ elected no more than 2 consecutive yrs.
2. Officers shall be elected by plurality vote by and from the members of the Board.
No compliance whatsoever
-No elections were ever held. Building Administrators (our BA is just assigned- no election) just assumed they are the Directors and voted for the Officers. Proof of no election- overdue terms(3 yrs and counting)
Even the referendum they said will be held never happen
- After over 10 years with no HOA, "members" of the Association, of course, have "changed" (some are dead/immigrated/sold their units/some acquired lots of units/ some assigned caretakers/ some residents changed so often we could not keep track/some are overcrowded, we did not know who's the owner/ some even squatted). It is an old list of members, with no updates, no qualification guideline (How can they tell if a member is in good standing?) therefore no quorum.
Side dish: Member of "good standing" is interpreted by one of the Directors as a member who pays his/her housing unit loan, regularly and on time.Note: loan not association dues or fees.
So if you have outstanding account or zero payment, you are supposed to be "delinquent." But you can still ratified and signed for.
- The "new" administration is virtually none-existence- no General Assembly meetings (only building meetings for the "members" ), no association fees or dues (asa pang me magbayad)just contributions for the building administration, therefore no financial statements, audit books, etc. They can't even produce a decent certificate that they are the official directors and officers of HOA
(They posted only a certification of the Regional Officer of HLURB that they submit an Information Sheet )
A certain lawyer, barged in one of the house unit, removed the belongings of the poor resident, while declaring it was abandoned and then occupy the unit. The counsel is allegedly contracted by the Officers and Directors of HOA.
Who can file a complaint?
-HLURB's rules and procedures said a member or members of good standing can file (see above dilemma)
What complaint to file at HLURB?
Dissolution of Directors & Officers
- but they are not legitimate and it's highly unlikely they have been submitting the reportorial papers therefore no documents or papers no Directors & Officers to dissolve
It is expected that the group will contest
our complaint--it's tedious and time consuming to go with the Arbitration
Can we just get a Certification at HLURB (since they keep the record) that there are no existing records of the Officers and Directors therefore this claiming group is not legitimate (Something like CENOMAR at census)? We can even give this document to other parties and even government agencies the wannabe officers are dealing with.
Lastly, if the illegitimacy certification is possible, is Arbitration still needed if we already requested HLURB to assist us on the official election of Directors & Officers, ask them to assign management committee and/or interim officers or any other preparation for the real election?
Queries for the Officers , Directors , the Lawyer and other People involved Case will be on the other topic.
Thank you for your interest, reply and advice in advance.