MANDALUYONG | Soho Central | 41 F| 160m

[GeorgeDeCarlo]

UPDATE (09/11/12): Ryan went to the BIR to verify payment of VAT for our one unit which was over the threshold for such payments. We had not gotten an official receipt which made us curious given what we had been told of the VAT issue and receipts here being either official or unofficial. On this visit he spoke with a manager who showed him the computer screen with amounts and dates for various fees including the VAT. The manager had no explanation for us or others only being given unofficial receipts. The manager stated that statements in writing can only be obtained at the main office in Quezon City. The TIN # for Soho Central Condominium Corporation is 807337706000.

So I would advise anyone with unit(s) where VAT would be collected to check if that VAT was paid to BIR since unofficial receipts were issued and it is anyone’s guess if payment was made. Verification becomes an individual’s task since the BIR does not audit a building to make sure all VAT is paid. This is basically a trust tax program until caught if not playing by the rules.

This system is also strange whereby the entire amount and not the amount above 2.5 million is taxed. So with the new higher threshold amount, I would tell someone to go for a unit that does not exceed the barrier to avoid the VAT since the entire amount and not just the portion above is taxed. So the tax is regressive in nature. Such a regressive and not progressive tax discourages larger units those being the ones more likely to break the VAT tax barrier. This limits a more open marketplace.

REMEMBER: Prepare for the 2012 Annual Meeting; read message #890 on page 45.

VAT

We know of one Unit Owner who is very concerned that VAT was collected and not paid for all units whose price was 2,500,000 pesos and above. This has recently risen to 3,199,200 pesos as of January 2012 as I was told. The VAT on their unit was collected by the developers and there is no record at BIR of it being paid for the unit.

The VAT for our units was paid according to a clerk though one unit according to the rules should not have had VAT. We are going to check on this further and also find out when VAT was paid on our units. When, since having early inquiries and complaints may have led to payments. We will also get it confirmed with a manager in writing.

I have also learned an important lesson in the Philippines. There are two different types of receipts. There is a Provisional Receipt and an Official Receipt (O.R.). We were only given provisional receipts. Provisional receipts would not necessarily have VAT paid but official receipts should have VAT paid where applicable.

The only way to know is to visit the BIR office just across the highway on EDSA. Bring your Deed of Absolute Sale and they will look to see if VAT was paid.

Currently, you will note the monthly dues are nontaxable. The receipts have O.R. making them official receipts but not the ultimate official receipts which would be prepared by BIR and have the BIR account number. Yes, many new details as I am coming to understand.

So all Unit Owners, take the time or have your representatives check at BIR to see what was paid in VAT if anything at all. It takes very little time at the BIR office.

Key questions to ask at BIR are how much was paid without, of course, you telling them the amount you think was paid, the date when payments were made and how VAT was paid if you the Unit Owner were only given provisional and not official receipts.

If no VAT was paid to BIR but collected by the developers, make an official report with BIR and write letters asking why cc:’ing the BIR and other government agencies. This was a hefty amount and it should go to the government and no one else.

Please let me or this forum know of any other VAT technicalities as you see there are many details and openings.

[RohClem]

image hosted on flickr

photo taken June 2012

[GeorgeDeCarlo]

As always, please read through all the past postings and prepare for the Annual Meeting. I will write several unrelated issues over time in this posting clearing out those which I have been asked to post.

WEEKLY MEETING: As we have have changed the routine given security concerns of some Unit Owners, please give me a call about the meetings on Thursdays at 7PM to let you know when and where. If you cannot attend, let me know of your concerns and I will bring these up during the meetings.

POOL: The pool area now has a net to catch objects from the Twin Oaks construction. Also, I have been quite concerned about the safety of the pool water. Someone who was staying here commented on the water quality and fear of the various problems that can take place. He has had experience with such matters in his own condo in Australia. We have witnessed low water quality as far as visibilty. I do not know what measures are taken to properly maintain the pool. I fear asking will just get me more delays and lies as usual. I have been busy with other matters. Perhaps someone else may research this further.

SECURE BUILDING: Thes security of the building my decline further with the completion of the 2nd and 3rd floors of the commercial space residential unit owners subsidize via our fees being much higher per square as I have written of in a previous post. With the completion many more people will enter the building allowing access to a stairwell with entry to upper residential floors and the service elevator when in the coming months or years it is finally fixed. Will the elevators ever work properly?

THe 2nd floor access to the bridge is now closed due to the work. This may remind every one of the may clever little stories we were told about the project. First it was a bridge from our building to the MRT via Shaw. Then the bridge was built going in the back of the buildings entering the EDSA Central mall. Now the bridge can only be gottten to by going outside and walking up the stairs next to the garage entrance.

ELEVATORS: The service elevator and a passsneger elevator are still not operating after many many weeks. I was told they would be fixed! Yesterday (8/4/12) a woman was stuck in an elevator for at least an hour. I was told the elevator was #1. I have complained in the past that the elevators are not numbered. Complaints are, of course, ignored by the management.

BUGS: It seems that a severe bug problem was not reported to the Unit Owner by Century Property Leasing for their rented unit. I was the one that told them what had been going on with their unit. As I have stated in the past, there are other persons who care for units as their profession. I do not know them all. I do know Regina and would suggest Unit Owners give her a call.

UNITS for SALE: I was recently told that several units for sale by those living abroad are being sold due to annoying problems from the management controlled, of course, by the developers. Well, there has been a change we were not told about on the Board. This will be in a following message as I had written.

MINUTES: (08/13/12) For months we have waited for Minutes after being given resolutions claimed to be Minutes - another lie. After more heated argument, we are now told they have been signed. So the incompetent Board did not have the Minutes signed after all the meetings since turnover. What a mess! I was told to be calm but after so many lies and so many delays with every single issue what can one do but start to get in a heated argument. Those on the Board in the past and presently have their own interests and not ours in mind and action.

It takes months and over a year to get things done here. If it were a day, week or even month understanding may prevail but months, NO. The Minutes should show what was done and approved at meetings. Of course, after so much delay who knows when Minutes were written and if their content reflects what actually happened.

***

Oh, I just remembered another little clever misrepresetation I was told about by someone who was sold her unit by a member of the developer family. He told her the hallways would be air conditioned! So many stories we were all told.

[GeorgeDeCarlo]

I have told many people not only in Soho Central but elsewhere about the importance of obtaining the Title for a condominium unit in the Philippines. The industry is in serious trouble in many respects and it is up to all Unit Owners to do their share in securing their rights.

The following has recently taken place at GA Tower on EDSA:

P1M proposed for Delfin Lee’s head

Pag-Ibig picks up cudgels for Asiatique victims

You may click the above links to articles on the recent troubles and misrepresetations in the condo industry. Having a lackadaisical approach to unit ownership will only create problems. Please discuss these issues with friends and family.

Start, if you have not, to get your papers in order and secure those documents that are missing. Keep them secure. Of course, read through the past pages at this forum and question your own position.

***

The following link is to an interesting piece in the Manila Times.

Check out existence of land title with Register of Deeds where land is located

[GeorgeDeCarlo]

REMEMBER: Prepare for the 2012 Annual Meeting; read message #890 on page 45.

GET YOUR PROXIES IN AS SOON AS POSSIBLE. DENY THE BOARD YOUR PROXY! HAVE FAMILY, FRIENDS OR LEGAL REPRESENTAVES EXERCISE YOUR PROXY IF YOU CANNOT ATTEND.

Please take notice and carefully, completely and read very clearly the Bylaws with your family and friends and legal representatives.

We were told and given and they made it as if it were the rule to have officially prepared proxies made for the Annual Meeting last year. Those forms were not needed if you read the Bylaws which we did not have last year. In fact, there are many items that I would assume were or should have been known by the “Steering Committee.” But, nothing was ever mentioned. I will leave that for a following message given cooptation.

By-Laws of Soho Central Condominium Corporation

Meetings of Members

Section 8. Proxy. – Any member or representative as defined in *Section 4 hereof, may be represented by a proxy in all the meetings of the members of the corporation. The proxy must be in writing, designating the representative by name, signed by the member or the representative and duly presented to the Secretary for inspection and recording before the opening of the meeting.

Proxies shall be valid only either for the next annual or special meeting after the execution of the proxy or any adjournment thereof. The presence of the member at the meeting shall revoke the proxy heretofore executed by him and such member shall be entitled to vote at such meeting in the same manner and with the same effect as if he had not executed a proxy.

***

READ this section carefully. This Board may try more games if the designation of "representative" is not done in writing for a meeting. So besides the proxy to submit in writing as instructed above for those not attending, where there is joint ownership have a written statement signed by all the particular Unit Owners submitted to the Board Secretary. Send mail meant for the Board to the Administration office in the building. They will then know how to contact the Board Secretary who also holds the Minutes which as are not kept here in the office. Yes, this place is a mess.

*Section 4. Representation. – In cases where a unit is owned in common by two or more persons, they shall determine one (1) from among themselves, who shall represent them in the corporation. Except for the purpose of liquidation in case of dissolution, the representative designated shall be considered as members representing the unit for all purposes, in all matters related to the corporation, including service of notice of assessment and meetings, grant of proxies, voting on any matter, and the like. In cases of corporation, trust, or partnership, its authorized officers shall designate who should represent it in the corporation. In all the foregoing instances, the person duly designated (as) representative must be registered with the corporation by filing a written designation with the Secretary of the Corporation.

Yes, read and evaluate the above carefully. Why did they insist on an official proxy last year from the Members? Was such a proxy made for those Members represented by the Board? Why was a legal representative for several Members denied votes for more than one unit even though they had proxies? I had heard that there were other problems for Members.

***

I had asked the Senior Manager if the rumor I had heard was true that there was an effort to cancel the Annual Meeting as required in the Bylaws for this month. I was told no. I further asked if the Function Room was reserved for the Annual Meeting. I was told yes.

[mba2000]

how about soho central last flood?

[idscpr]

We survived well. No flooding. We have a great location.

[mba2000]

nice one @idscpr thanks.

[frontact]

great location !

[illinoispt]

any updates regarding the commercial floors of SOHO? ... how about the Hub (greenfield), are the stores all open/operational?

[GeorgeDeCarlo]

Originally Posted by illinoispt

any updates regarding the commercial floors of SOHO? ... how about the Hub (greenfield), are the stores all open/operational?

The 1st floor Podium has banks on the inside with the small Tsoko shop closed. It is very quiet except for bank customers. On the outside only a pizza shop is open and work is taking place on a possible 7/11. There is another small store space with no activity.

The 2nd and 3rd floors are being worked on so access to the bridge is no longer available via 2nd floor except from the outside stairs on the side of the building.

(The one stairwell which is designated as a fire exit was bad enough with no exit to the outside but only the 3rd floor at the bottom. Now that proclaimed exit will enter a construction site. The fire department has not been told as far as I am aware.)

There is no sign or noise or notice of holes being drilled in each of the floors' walls to gain access to Twin Oaks as had been discussed.

The commercial spaces as mentioned in an earlier post pay less per square meter than the residential floors. So Unit Owners are subsidizing the commercial floors owned by Greenfield. This was approved by a Board controlled by Meridien aka Century AND Greenfield. What a cozy agreement.

The HUB has two open stores with three or four about to open. The wet market continues to be worked on with the inside completely gutted.

[GeorgeDeCarlo]

REMEMBER: Prepare for the 2012 Annual Meeting; read messages #890 on page 45 & #925 on page 47.


Yes, is this a case of incompetence or reprisal when after months three minor problems on the 21st floor are not dealt with? Actually, the problem has been going since last year when I approached the former Assistant Manager. But, dealing with the new and unimproved crew I once again dealt with the problem months ago. What was done? Nothing.

Today all three problems took place at once. I went downstairs where the crew was having a meeting in our Residents' Lounge and not the office. Yes, we pay our money and the secret Board does as they wish with OUR MONEY.

I explained the problem loudly. Why loudly? I had written a complaint and talked about the problem and nothing was done. So as I have learned squeaky wheel gets oiled. The problem is finally being solved since I waited for the forces to come to the 21st floor after my lecture on the disaster known as Soho under the control of of the Star Chamber Board.

I would not have had to address the issue as I did if such matters were dealt with in one day, one week or even a month. But more than a month then loud lectures need to be initiated.

[Lili]

Originally Posted by idscpr

We survived well. No flooding. We have a great location.

Originally Posted by frontact

great location !

[GeorgeDeCarlo]

REMEMBER: Prepare for the 2012 Annual Meeting; read messages #890 on page 45 & #925 on page 47.

Once again we do not have memos with information we need such as when and where Board meetings take place and who is on the Board at any given time. What we get is a memo with information on the sidewalk along the backside of the building across the street containing the Greenfield showroom. They had another party this time on the grass area and half the sidewalk was blocked.

Well Century Properties Management Inc, Unit Owners are intelligent enough to realize that the way is blocked and we need to go along Shaw Blvd as one path to our destination if blocked. But was this the reason for the memo? After all, they do not tell us about other blocked paths within two blocks of the building.

No, this was a FREE AD we as Unit Owners paid for announcing the start of sales for Greenfields' other Oak. We paid for the memo and time to prepare it. Why? Well Meridien aka Century Properties and Greenfield control the Board and OUR MONEY.

Will this unethical activity ever stop?

[GeorgeDeCarlo]

NOTICE

I have just been told a Soho Central Board Meeting is in progress on the 4th Floor (08/16/12 at 4:29PM). UPDATE - We just saw shades are drawn for Star Chamber meeting of the Board. We asked Assistant Manager as she was running around for the past Minutes we are supposed to get this week. She said they would ask after meeting. Ask? They have known about this and we were told this was the week after signatures were placed on all Minutes since not done in the past. More secrets and games.

UPDATE: After the Directors of the Board left the secret Star Chamber meeting, I caught the Officer in Charge and managers for the building. Yes, more LIES. The Minutes are not available this week. You can only imagine the argument and review of the incompetence I lectured him on for one hour.

[GeorgeDeCarlo]

We are looking for more Unit Owners from the other buildings. We have now met with another building's Unit Owners and we need contacts from other buildings to meet and discuss our common problems. Of course, the major problem is lack of control for Unit Owners of their buildings.

You may contact me and we can plan a meeting with the other building representatives.

Once again, I thought Ryan and I would get together with the Unit Owners to help the building. I did not realize that the developers and then those they coopt would be a major hurdle. All of buildings are in danger of value loss unless we get control as Unit Owners.

[sandina1]

Hello everyone,

I was wondering if all has gotten their certificate of ownership yet. I've been trying to get a hold of a certain Agnes Garcia regarding this matter and I'm in no luck. Can somebody direct me to the right person? I'm getting so frustrated.

[mba2000]

Originally Posted by sandina1

Hello everyone,

I was wondering if all has gotten their certificate of ownership yet. I've been trying to get a hold of a certain Agnes Garcia regarding this matter and I'm in no luck. Can somebody direct me to the right person? I'm getting so frustrated.

hi! i got my title last sept.2010. if u want to try this person rubie.sohocentral@gmail.com

[sandina1]

Thank you for the info mba2000! I will shoot her an email ASAP. Now, my question is, I am not in Manila. I live in California. Would they require me to be physically there for the transaction?

Thanks again!

[mba2000]

No need your physical appearance you send only special power of atty. 1 of your relatives there in the pinas.ganon lang ka simple yon.