Good day SFTMHOIA members,
This letter is to formally request for the cooperation of all members of Southforbes Tokyo Mansions Homeowners Association, Inc. to finally have a consensus on the resolution with Cathay Land Inc. for the rehabilitation of our village clubhouse, swimming pool, and north perimeter fence.
For a brief history of our negotiation with CLI, you may read the previous post on our village website by clicking the link ==> http://southforbestokyomansionshoai.com/2020-status-of-southforbes-tokyo-mansions-homeowners-association-dispute-vs-cathay-land-inc/
Fast forward to 3rd Quarter of 2021, SFTMHOAI filed a case againts CLI entitled “South Forbes Tokyo Mansion Homeowners Association Inc. (SFTMHOAI) hereto represented by its President, Engr. Joel Lapis vs. Cathay Land, Inc. and Mr. Jeffrey Ng, President of Cathay Land Incorporated (CLI), docketed as HSAC Case No. RIVA-REM-200820-00048 pending before the Human Settlements Adjudication Commission, Regional Adjudication Branch No IV-A.
CLI’s designated company negotiator and legal counsel, Atty. Jonathan Uy reached out to us as a response to try to reach an amicable settlement. After several face to face meetings to work out for an amicable settlement and to finish the dispute once and for all, both parties have agreed in principle to have a compromise agreement. A copy of the compromise agreement is hereto attached. Click Here ==> https://drive.google.com/file/d/1dN-TXRrND4TTSMUyQSIiCoyAh0bXa5RM/view?usp=sharing
However, there is a procedural issue that SFTHOAI need to settle as per request of CLI. The election result last June 2021 did not get a quorum. Quorum is counted as 175 lots divide by 2 plus 1 or a simple majority. The procedural issue raised by CLI is actually an election contest in nature whereas a member may seek for nullification of our compromise agreement in the future, it is in our opinion that in such a hypothetical scenario, the complaint is an election contest in nature, which is barred by prescription under Section 61 of the Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9904 and Section 90 of the 2011 Revised Rules of Procedure of the HLURB (HLURB Rules). This procedural issue raised by CLI is important for them and is causing delay to conclude the settlement between the two (2) parties.
PROPOSAL TO MOVE FORWARD
The village clubhouse and swimming pool issue has been lingering for too long already thereby depriving us the use of amenities. As homeowner of Tokyo Mansions, all we want is for our families to enjoy the amenities. Going legal is the right thing to do but realistically it will take several years to have a court settlement.
The 2021- 2023 Board of Directors of SFTMHOAI proposed to CLI that we will gather a no objection letter signed and approved by the simple majority. The template for the no objection letter is hereto attached Click Here ==> https://drive.google.com/file/d/1hyJI4IFSRIRTFKXCx_CwDoOcDCLNPZqp/view?usp=sharing
ON THE ASSUMPTION THAT THIS PROPOSAL TO MOVE FORWARD WORKS THROUGH THE COOPERATION AND VOTE OF THE SIMPLE MAJORITY;
A special project committee for the rehabilitation of clubhouse, swimming pool, and north perimeter fence shall be immediately organized. The committee shall be in charge of the planning and execution of the rehabilitation. A separate committee shall be simultaneously organized as an oversight committee to monitor the progress of the rehabilitation and audit the finances.
Please be advised that our SFTMHOAI admin staff will be calling each and everyone with regards to this issue to reach a consensus on how our association want to resolve this issue with CLI.
Thank you and have a great day
2021-2022 Board of Directors