Complain from a very incompetent staff from PMO

[Luis Arceno]

Hi Jun,

Good day! I just want to share with you another issues that I have right now in Gramercy. Last two weeks ago my neighbors unit got flooded while the tenant who is renting the unit is away from vacation. My tenant who rents my unit immediately report the incident to PMO to check why there is water coming out from my neighbors unit. Unfortunately the engineering of PMO responded very late and my unit got also effected. The water from my neighbors unit went inside my unit and eventually damaging my floor and almost half of my entire unit. My tenant was so upset by the very slow reaction from PMO and eventually decided to vacate my place. Because of this incident I lost my tenant and my future rent income due to pre mature termination of our tenancy contract plus the amount of damages that the water brings to my unit. You can see how cheap the materials that are used to build our units because in a matter of days you can see that almost all the floors and door frames which was soaked with water easily got damage. And sadly to say, until now my neighbors unit is still closed and they are not doing anyrhing to open the unit to check the cause of the water leakage. And to contact the unit owner or the tenant. We have been sending emails to PMO and calling them to follow up and do some action but until now nothing is happening. Until now my neighbors unit is still closed and you can smell the bad odor coming from the inside of the unit. They only closed the water supply to the unit and that's it. The people from their so called engineering are doin nothing. I am really really upset with these people. They are very incompetent and can't even suggest anything to fix the problem. I have no idea when they are going to fix the problem.

Another issue is the commission that I paid to the leasing. I ask for a refund since the unwanted incident force my tenant to move out and terminate his tenancy contract. But the leasing told me that it is not refundable as stipulated in the Authority to Lease that I have signed. I argue and told them that this incident is a different case from what was stipulated in the document that I have signed. I send an email to leasing to ask for a reconsideration but unfortunately didn't respond to my email anymore.

So wow!! I cannot do anything with these people. No one from the whole department will help you. They are all seating there doin nothing and only protecting their own interest. We really have a very big problem and I hope that we can get rid of these people.

I hope that you can highlight these as well and compile this incident in our list of complains. Thank you!

Regards,
Luis
Unit 4202
Sent from my iPhone

[Jun Kabigting, MBA/MS/HRMP]

Thanks Luis for sharing your yet another "sad" story. Since you are a bonafied member of Gramercy HOAAG, we will forward your case to our Legal Counsel for initial opinion and see what options you can take. We will also of course include this incident in the agenda items for discussion with CPI.

The legal review is scheduled to be finished first week of June. Will keep you all posted.

Meanwhile, stay cool.

Carpe Diem,

Jun Kabigting, MBA/MS/HRMP
Managing Director, HR Central K.K.
Chief Community Officer, The Japan HR Society (JHRS)
Managing Editor, The HR Agenda--Japan's first & only bilingual HR magazine
Founding Chairman, The Kabataang-Pilipino Foundation Inc. (KPFI)

Connect with Jun: LinkedIn | Facebook | Twitter

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[Aubrey Paladin]

Hi Jun & Luis, Good day! My unit on the 17th floor unit 1708 have the same case. There are leaks damaging my ceiling, unit causing it is vacant and locked, and PMO is not doing anything about it. Is it a common scenario in Gramercy? Whew! Aubrey Paladin 1708 Sent from Yahoo Mail for iPhone

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[pete collins]

So very sorry to hear of your problem.

Unfortunately this is the problem with our scum slum developer.  Inept,  incompetent and lazy. 
I can only offer my sincere condolences. 

Sorry again for your problems with century

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[Jim]

Also sorry to hear about this althou not surprised about PMO or Rental Depts response.

As a consolation damage rectification/replacement should be claimable from building insurance.

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From: ppco...@gmail.com
Date: Fri, 29 May 2015 15:01:53 +0000
Subject: Re: Complain from a very incompetent staff from PMO
To: aubrey...@yahoo.com.ph; luis...@yahoo.com; gramer...@googlegroups.com

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[Erb]

Ladies and Gents,

I have to sincerely apologize for not following through on helping you rent out your units.
Some of you have expressed your interest in having me manage your units for you since I am able to get a MUCH MUCH higher ROI compared to what the lazy leasing department can get  you.
Yet I refuse to take on this responsibility unless I can do it effectively and with high energy.

I do have a set of brokers can rent it at a high price, and if I can do a walk through of your unit this week.
Then I will commit to putting this in the process.  I just won't be able to manage it and give you software access to your unit.  Email me in the subject:  "please look at my unit this week" in the submit heading if you want this to happen.

As to why my life has a been a little crazy.  I'm in the middle of purchasing 280 units at P19,000 per SQM.
Fully furnishing the unit with Granite counter-tops, quality tile flooring, induction stoves, ref, 32" flat screen, videoke, bed frame, quality mattress and more will run about 27,000-29,000 per SQM.     The developer was never in a hurry to sell its unsold inventory of 600 units as the area is going to boom with the skyway going into Manila.  (the building is a 30 second drive to the skyway)

Slowly the developer has been upgrading the building.  They just finished 2 elevators out of the 8.  Yet the developer is out of large sums of money and has severe problems with the fire escapes and other fire issues (hoses, extinguishers, etc.)  With the recent focus by the Filipino government on fire safety, their is a risk of the building being condemned, thus putting the developer  into bankruptcy and losing everything.  Thus their desire to finally sell at the price I have been asking for.  The developer will end up with about 400 Million in cash flow in 2 years from now, plus they won't have to put money into the building every month.  It took me 6 year to convince them of this. :)

I currently purchase resale units at the price listed, but until how the developer has always demanded more than 100k per SQM.

I'm able to personally come up with 30-50% of the money, but am working hard on my sources in the U.S. to come up with the other part.  Thus the reasons for my lack of attention on helping the people on this forum as much as I would like to.  Thanks for listening to my rant here.  If anyone wants to take on a REAL PROJECT, then let me know.

Best Regards,
Erb

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[Erb]

If possible I would like to meet your SPA with Aubrey who has similar issue.
If Aubrey doesn't respond, then I will meet your SPA alone. Have them call me and we can schedule it.

BTW, paying 1.5 months is very very high. Also, not getting a refund back for the client not being there is a big INTEGRITY PROBLEM. Contract or no contract, the right thing to do would be to give it back. I personally charge monthly for my property management services just for issues such as these.

Effectively the PMO, developer and the rental company is one company with one common boss.
If we need to trace it up to that boss and have a less than plesant conversation with him, I am happy to do so. My time is limited as I'm leaving for the U.S. But I will help out this week.

Erb

Hi Erb,

Yes, I am a bonified member of this group. My tenant is give me post dated checks for the whole year and I also paid the commission up front when I got the tenancy contract agreement from my tenant which is 1.5 months. I am currently not in our country and my SPA is the one dealing with PMO right now. Can I ask my SPA to meet you? Can I give your number to her so you can accompany her to PMO. I really appreciate the help you are offering. Kindly advise me so I can talk to my SPA which is my sister to inform her about you.

Regards,
Luis

Sent from my iPhone

On 30 May 2015, at 7:31 am, Erb<e...@novallo.com> wrote:

Luis,

OMG, I am horrified by your experience.
I am under a strict confidentiality agreement with Century, so I am limited as to what I can say.
But I will say that you have rights and there are methods you can use to:
1. Get your money back from the leasing office. (very easy to do)
2. Get your unit repaired at the expense of the PMO
3. Get future revenue until they put a future client in your unit.

You will not be out any money, but you will have some aggravation.
Contact me at: 0921-415-7445.
I will go to PMO and leasing with you and we can start this process together.
PMO knows me well. They respect me both from the fear that I give to them and the respect I show to them. What has been in their control has always been given to me.

Two questions for you:
1. Are you a paid member on this site?
2. Did your tenant pay his stay in advance?
3. Did you pay all of the commissions up front?
4. How much were the commission?

Best Regards,
Erb


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[Jun Kabigting, MBA/MS/HRMP]

Thanks Erb for reaching out to help Luis. Hope you are able to help him solve this matter.

FYI, I have also endorsed his case to our legal counsel for initial opinion. Let's see what they have to say on this issue.

Again, the main problem at Gramercy is governance and the cozy relationship of the Developer, the Condo Corp and PMO.  Unless this is changed, we will always have this kind of problem. We need to take control of the Board!

While the legal review is currently ongoing, I'm wondering if you or anyone from our Group can rise up to the challenge to do the property mgt of Gramercy?

Anyone interested? Pls raise your hands.

Regards,

Jun

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[Erb]

If possible, I want to do everyone's unit at the same same time.  My time is limited.
If we could all shoot for Tuesday. 
Jun, is it ok if you SPA meets me on Tuesday so I can look at yours as well.
I will get photographs of all units.

I do live 15-45 minutes away as all of my units are rented out.  I moved to my other location, close to where I own a dozen units.

On 5/29/2015 9:23 PM, Alexandrea wrote:

Dear Erb,

I will be more than happy to contact my cousin in the Philippines to show my unit at Gramercy. I am praying to find a long term renter. Pls let me know the day you are available.

Sincerely,

Alexandrea

Sent from my iPhone 4s

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[Luis Arceno]

Hi Jun, 

Thank you for highlighting this issue to our legal cousel. Hope that we can fix all the issues with Gramercy. 

Regards,

Luis

Sent from my iPhone

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[Luis Arceno]

Hi Erb,

Thank you so much for the help! I will call my SPA to meet you. I've been praying for this and thank God that he send you to help us.

Regards,
Luis

Sent from my iPhone

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[Erb]

URGENTLY NEEDED

The board meeting is coming up for a vote on determining who the new management will be. The meeting may be as soon as August and as late as December.
I believe Joseph told me they wanted it in October.

Is there anyway we could have a "vote" on the website.  Keep the voting open for members, non-paying "members"  and people who never joined.  That way we can get a feel for what is going on.

I do ask that they put their unit number in the voting field, yet have an option to opt their unit number out.
For the  members who
1.  Do not vote
2.  vote anonymously
3.  vote  for the current management

We will do a major campaign to get them to vote the way we think is best.
Unfortunately the best team that we know of is the current team.

What is critical is that we get someone WITH EXPERIENCE in place who can take over the current management.
The only GOOD idea I have heard is that the Rockwell people take this over.
If we do not have someone with proven experience in place, then everyone will default to the current management.

The only person I have in mind to run the place would be the former assistant manager  of KB, she is currently running Centuria, but may switch to our side if the money was big enough.  As an assistant GM, Michelle, the former head of KB's concierge.  She has since moved away from century, but could probably be brought  back for the right price.

Best Regards,
Erb

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[Jun Kabigting, MBA/MS/HRMP]

Thanks Erb and excellent suggestion. I agree with your proposal in principle.

To make this a more concerted and systematic process, I would also like to propose the following'

1. Let's have our group, Gramercy HOAAG, take the lead in orchestrating this process.
2. Before doing anything, let's wait until the results of the legal review is done by our Legal Counsel. In this way, we can really be more organized as there may be some findings that we can use to our advantage. Im expecting the review to be finished within next week.
3. Our Legal Counsel can also represent us together with reps of our group in this process.
4. We can also set up an online system to give our group the authorization to represent them in any Board Mtg or election that we may request to be held.
5. However, at this stage, this ability will be reserved for bonafied Gramercy HOAAG members (almost 100 now) to be fair with them.
6. Again , the strategy is to take control of the Board. Once that is done, we can implement changes as needed.
7. As such,we are looking for members who are willing to become part of a shadow or phantom Board or Mgt Committee who can be ready to take over the current leadership in case we are able to take control of the Leadership. PLEASE RAISE YOUR HAND if you are willing to become part of the leadership.

Hope the above makes sense.

Thanks again for all your support.

Carpe Diem,

Jun Kabigting, MBA/MS/HRMP
Managing Director, HR Central K.K.
Chief Community Officer, The Japan HR Society (JHRS)
Managing Editor, The HR Agenda--Japan's first & only bilingual HR magazine
Founding Chairman, The Kabataang-Pilipino Foundation Inc. (KPFI)

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[George DeCarlo]

The Annual Meeting which is not a Board meeting must meet according to the "Gramercy Residences Condominium Corporation's" By-Laws which I believe was not followed last year therefore a violation.  The By-Laws of Gramercy clearly state that the second Tuesday in September is the date for the Annual Meeting unless a legal holiday then it is moved to the next business day.  There is no other choice under the law since the By-Laws are documents submitted to the SEC for the condominium corporation all such entities must have.  (Oh, please read this entire post of mine and the critical zinger at the end.)

https://drive.google.com/file/d/0B0Sq5pyrVRznaEhzN1ZyeTZfQXc/view?usp=sharing

Whoever "they" are have no choice unless the By-Laws are amended and comply with the Corporation Code of the Philippines.  The Code does specify when Annual Meetings must take place.  The date must be under law fixed unless in April as stated in the Code below.

BATAS PAMBANSA BLG. 68
THE CORPORATION CODE OF THE PHILIPPINES

TITLE VI — MEETINGS

SECTION 50. Regular and special meetings of stockholders or members. — Regular meetings of stockholders or members shall be held annually on a date fixed in the by-laws, or if not so fixed, on any date in April of every year as determined by the board of directors or trustees: Provided, That written notice of regular meetings shall be sent to all stockholders or members of record at least two (2) weeks prior to the meeting, unless a different period is required by the by-laws.

Special meetings of stockholders or members shall be held at any time deemed necessary or as provided in the by-laws: Provided, however, That at least one (1) week written notice shall be sent to all stockholders or members, unless otherwise provided in the by-laws.

Notice of any meeting may be waived, expressly or impliedly, by any stockholder or member.

Whenever, for any cause, there is no person authorized to call a meeting, the Securities and Exchange Commission, upon petition of a stockholder or member on a showing of good cause therefor, may issue an order to the petitioning stockholder or member directing him to call a meeting of the corporation by giving proper notice required by this Code or by the by-laws. The petitioning stockholder or member shall preside thereat until at least a majority of the stockholders or members present have chosen one of their number as presiding officer. (24, 26)

I have written about the management contract that was also placed in the Master Deed which is a direct violation of the Corporation Code of the Philippines:

How is it that a contract is longer than five years given the Philippine Corporate Code Title IV Section 44?

"...No corporation shall conclude a management contract with another corporation unless such contract shall have been approved by the board of directors and by stockholders owning at least the majority of the outstanding capital stock, or by at least a majority of the members in the case of a non-stock corporation, of both the managing and the managed corporation, at a meeting duly called for the purpose ... No management contract shall be entered into for a period longer than five years for any one term. ..."

http://www.chanrobles.com/legal5title4.htm#.VCyxso0cTmI

BATAS PAMBANSA BLG. 68
THE CORPORATION CODE OF THE PHILIPPINES

TITLE IV — POWERS OF CORPORATIONSSECTION 44. Power to enter into management contract. — No corporation shall conclude a management contract with another corporation unless such contract shall have been approved by the board of directors and by stockholders owning at least the majority of the outstanding capital stock, or by at least a majority of the members in the case of a non-stock corporation, of both the managing and the managed corporation, at a meeting duly called for the purpose: Provided, That (1) where a stockholder or stockholders representing the same interest of both the managing and the managed corporations own or control more than one-third (1/3) of the total outstanding capital stock entitled to vote of the managing corporation; or (2) where a majority of the members of the board of directors of the managing corporation also constitute a majority of the members of the board of directors of the managed corporation, then the management contract must be approved by the stockholders of the managed corporation owning at least two-thirds (2/3) of the total outstanding capital stock entitled to vote, or by at least two-thirds (2/3) of the members in the case of a non-stock corporation. No management contract shall be entered into for a period longer than five years for any one term.

The provisions of the next preceding paragraph shall apply to any contract whereby a corporation undertakes to manage or operate all or substantially all of the business of another corporation, whether such contracts are called service contracts, operating agreements or otherwise: Provided, however, That such service contracts or operating agreements which relate to the exploration, development, exploitation or utilization of natural resources may be entered into for such periods as may be provided by the pertinent laws or regulations. (n)

SECTION 45. Ultra vires acts of corporations. — No corporation under this Code shall possess or exercise any corporate powers except those conferred by this Code or by its articles of incorporation and except such as are necessary or incidental to the exercise of the powers so conferred. (n)

You will note that in your Master Deed the management contract was made for ten years although the Corporation Code says 5 years only.  Why was this done?  That needs to be asked of the developer/builder and their lawyers and the current Gramercy Board.

https://drive.google.com/file/d/0B0Sq5pyrVRznU3ZTR0NCdGZDZzg/view?usp=sharing

Only "members" which is the legal term under the Code may vote.  Members are defined as those that are unit owners. 

Now there is another issue seemingly overlooked when I read yours and other By-Laws.  It says members who are not delinquent in their dues and assessments may only vote in any meeting of the corporation.  This is not true when the Corporation Code of the Philippines speaks to the management contract and who may vote.  The Code as may read above says a majority of members and does not exclude for any reason.  This needs to be brought to the attention of any meeting so a vote and contract approved are not done so in violation of the Code.  So it would seem all members have the right to vote and must be made aware of this for the contract.  Not doing so and only stating in notices that only members who are not delinquent may create a legal issue.   

Also that Code states that "a meeting duly called for the purpose" of approving must be made.  So I would assume the Annual Meeting may incorporate this but a legal opinion is needed and perhaps speaking to the SEC lawyers.  Also, all members and not just non-delinquent members must be informed as to their right to vote going by the Code for the management contract.

Many issues and questions before legal problems that may be encountered.

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[Jun Kabigting, MBA/MS/HRMP]

Thanks George for your usual insightful post. I have forwarded your email to our Legal Counsel so that this can become part of their due diligence and get a legal opinion/advice on the issues you raised.

Regards,

Jun

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[ALLAN B. BYRON]

Hello,

Anybody who wants to do property management  should at least have an experience, with

credentials, experience, etc because for this huge

number of unit owners. They have to be " hands on" full time with proper compensation etc.

Any organization  to be successful cannot just hire anybody.

Just an opinion.

 

 

ALLAN B. BYRON

 

 

-----Original Message-----
From: Jun Kabigting, MBA/MS/HRMP <jun...@gmail.com>
Cc: gramercyphils <gramer...@googlegroups.com>
Sent: Fri, May 29, 2015 6:17 pm
Subject: Re: Complain from a very incompetent staff from PMO

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