Home
Hello Attorneys,
i would like to know if the Admin managers at my condo are considered 'agents' of the condominium corporation (CC) per BP#68
the principal address for the CC is the Admin office in the condo building.
the admin refuses to allow me, (unit owner/member of the CC) to view the CC By-laws.
also, for over 2 weeks now, they withhold from providing the minutes of a member meeting last September 2010. the minutes were never given out. per BP#68, meeting minutes must be kept at the principal address, and available for members to view.
per BP68, "any agents that refuse can be held liable."
so, how can i determine if the Admin manager and assistant Manager are CC agents?
in past, the admin manager and assistant demand i give them written notice to request any information or records of the condo corp and unit owners association. they then pass it back on to the Developer, who, still claims they are a separate entity. admin has to ask the developer's permission if someone requests the copy of their units 'as built' floor plans too.
my position is that IF any records, floor plans etc are in the admin office, its property of the Homeowners Association and Condo Corp. and, any member has the right to inspect those records during normal business hours. Member should not have to give written notice or wait weeks or months for a reply from (?) directors or the developer.
isn't this also violations of RA 9904 and BP68?
what are the fines and damages if they refuse access to these records and the by-laws?
i will add these incidents to my verified complaint with HLURB but do you think its worth filing a complaint also at the SEC? under BP68?
the developer has 100% control of the CC board of directors. although 3 of the 7 directors are for the residential portion of the mix-use condo project, the developer/commercial portion of the project appointed the 3 residential directors without any vote from residential members. is this legal for them to do so?
also, despite the condo corporation being in existence since July 2008, we have yet for the directors to hold even ONE members meeting. can they legally avoid a minimum one meeting per year?
thank you
mitch
i would like to know if the Admin managers at my condo are considered 'agents' of the condominium corporation (CC) per BP#68
the principal address for the CC is the Admin office in the condo building.
the admin refuses to allow me, (unit owner/member of the CC) to view the CC By-laws.
also, for over 2 weeks now, they withhold from providing the minutes of a member meeting last September 2010. the minutes were never given out. per BP#68, meeting minutes must be kept at the principal address, and available for members to view.
per BP68, "any agents that refuse can be held liable."
so, how can i determine if the Admin manager and assistant Manager are CC agents?
in past, the admin manager and assistant demand i give them written notice to request any information or records of the condo corp and unit owners association. they then pass it back on to the Developer, who, still claims they are a separate entity. admin has to ask the developer's permission if someone requests the copy of their units 'as built' floor plans too.
my position is that IF any records, floor plans etc are in the admin office, its property of the Homeowners Association and Condo Corp. and, any member has the right to inspect those records during normal business hours. Member should not have to give written notice or wait weeks or months for a reply from (?) directors or the developer.
isn't this also violations of RA 9904 and BP68?
what are the fines and damages if they refuse access to these records and the by-laws?
i will add these incidents to my verified complaint with HLURB but do you think its worth filing a complaint also at the SEC? under BP68?
the developer has 100% control of the CC board of directors. although 3 of the 7 directors are for the residential portion of the mix-use condo project, the developer/commercial portion of the project appointed the 3 residential directors without any vote from residential members. is this legal for them to do so?
also, despite the condo corporation being in existence since July 2008, we have yet for the directors to hold even ONE members meeting. can they legally avoid a minimum one meeting per year?
thank you
mitch
Last edited by ponapem on Sun May 15, 2011 5:15 pm; edited 1 time in total (Reason for editing : typos, simplify for clarity)
