Buyers have been paying money for a claimed Community Mortgage Program project at Benguet Green Meadows even though, based on SHFC and NHFMC records, no approval has been granted for such a project and thus under rules and regulations it is not permissible to collect money from prospective beneficiaries.
Money has been collected even though lists published on the HLURB website identify that there is presently no approved registration of a Benguet Green Meadows Home Owners Association Inc and a list that can be viewed when visiting the offices of HLURB-CAR identifies that no License to Sell has been issued for Benguet Green Meadows, and thus again under Philippine law this strictly prohibits the collection of that money.
Given the lack of approvals, it would seem that such collection of money may constitute the criminal offense of estafa.
Aside from filing complaints with SHFC and NHMFC regarding the promotion of and collecting of money for an unapproved socialized housing project, which would enable those Government agencies to investigate and order sanctions (possibly even the filing of criminal charges) against both BBGMFI and Lovely Ladignon De Vera a.k.a Lovely Mandapat, Lovely Ladignon and Lovely Lapuz, buyers should also be questioning why their homeowners association is not protecting their interests and filing complaints against BBGMFI and De Vera on their behalf.
They should also be questioning why they are not being notified of mandatory annual meetings.
That is the right of all buyers.
Further, if their homeowners association is not being operated properly and the officers are acting in a negligent manner and not looking after the interests of the members, and further if it is discovered to be merely a bogus operation that is not approved by HLURB-CAR and being operated by associates of Lovely Ladignon De Vera to protect the interests of De Vera at the expense of the buyers, then this is clearly a complaint matter that can be raised with HLURB-CAR, which has the power to investigate in detail the operations of BGMHOA, and if found to be fraudulent, file criminal charges against any errant officers and board trustees of the HOA.
We imagine that many buyers remain uninformed of their legal rights and below we set out some of the rights that they have pursuant to HLURB rules and regulations, and for the purpose of assisting buyers who have grievances or wish to get their money back that they have been misled into paying for the unapproved Benguet Green Meadows project.
One very impoprtant thing that all buyers need to be aware of.
The current HLURB standard documentation for the By-Laws for homeowners associations advises the following:
“The members, director/s or trustee of the association have the right to the inspection
and examination of association records at reasonable hours on business days.”
If buyers have concerns about the manner in which the HOA is being operated they clearly have the right to examine ALL association records, form their own opinion on whether the association is being properly run or even legally and validly run pursuant to HLURB rules and regulations, and as consequence, if appropriate, file a complaint with HLURB and request the investigation by HLURB of that complaint.
If the officers or board trustees incorrectly deny any buyer or member of the HOA access to the association records, that in itself would clearly the basis for a complaint to be filed with HLURB with a request for HLURB to require the association to make those records available for inspection. Buyers could then carry out a joint inspection in the presence of HLURB officers.
Similarly, given that the registered address of BGMHOA would seem to be the same address as that for BBGMFI, if BBGMFI officers try to stop members from gaining access to association records, then that too should be the subject of a complaint filed with HLURB-CAR.
Buyers must be prepared to exert their rights under existing rules and regulations if they want to get their money refunded.
HLURB have issued Post-incorporation/Registration Requirements for homeowners associations.
When examining association records, buyers/members should ensure that the records being kept comply with those HLURB Requirements.
Under Rule XII Section 2 of those Requirements HLURB require associations to have membership books, minutes books, cash books, ledgers and journals stamped or marked as official association books by HLURB.
Thus, if Benguet Green Meadows Home Owners Association does not appear on the HLURB website list of approved HOA then it would seem likely that any books being maintained by the association are not “official” insofar as HLURB are concerned.
Buyers/members should check whether officially sanctioned books are being maintained by the HOA. If they are not then that may be indicative of a bogus and possibly fraudulently operated HOA.
Section 2(a) requires that the Membership Book shall contain the list of all original and additional members of the homeowners association duly attested to by the secretary of the board and that the names of the replaced members shall be indicated in an appropriate portion of the book.
It is important that members make themselves aware of the members that have been replaced and the background reasons why that replacement took place. This is because some members have been replaced because of complaint matters and have filed court cases and the outcome of those court cases may eventually have adverse implications on whether or not the replacement members can eventually avail of a contested lot.
Section 2(b) requires that the Minutes Book shall contain the minutes of all meetings of members and of the board of directors or trustees, and shall set out in detail the time and place of holding the meeting, how authorized, the notice given, whether the meeting was regular or special, or if special, its object, those present and absent, and every act done or ordered done at the meeting.
It is important that members check the content of the member meeting minutes to ensure that they are correct and have not been manipulated to indicate that any members were present when they were in fact not, and for the possible purpose of passing a resolution that may be to the members detriment. If a member knew nothing about a recorded meeting then that is a matter of complaint that should be filed with HLURB-CAR.
It is also important for members to check the content of the board meeting minutes to ensure that the members of the board are making decisions that comply with the By-Laws and are not detrimental to the best interests of all members. In the event of any questionable actions/decisions of the board during their meetings, members should raise such matters as a complaint with HLURB-CAR.
Section 3 requires that a book shall be kept recording all transactions. Members should check this to ensure that the money they are paying to the association is being expended correctly. Any anomalous transactions should be reported as a complaint to HLURB-CAR.
Section 4 requires that for the Community Mortgage Program, the homeowners association shall also submit to HLURB-CAR the development permit for the project issued by the local government unit within ninety days from the issuance or registration of the certificate of incorporation.
We know that this did not occur for either Benguet Green Meadows or Loakan Green Meadows and this can be checked by any buyer simply by visiting HLURB-CAR.
This is a clear violation of HLURB rules, and if buyers have not been correctly kept informed of that violation, then they should report the matter as a complaint to HLURB-CAR because it is indicative that deception is being used to continue collecting money for an unapproved CMP project.
HLURB have issued Submission of Reports requirements for homeowners associations.
Buyers/members should check with HLURB to see what reports have been submitted to HLURB and to ascertain whether based on their knowledge, the submitted reports are accurate or not.
Under Rule XIII Section 1 of those Requirements HLURB require associations to submit a General Information Sheet, audited Financial Statement and a certified true copy of the membership book and the minutes book as certified by the association secretary.
The last time we checked with HLURB-CAR those documents had not been fully submitted so your members association is delinquent and could be subject to sanctions, for which the trustees will unjustly try and pay the fines incorrectly out of your pockets.
Buyers should check whether officers and trustees are being elected following the correct procedures set out in the By-Laws and that those elections are being properly reported to HLURB-CAR. If they are not being held properly this should be reported to HLURB-CAR as a complaint.
One anomaly that we are already aware of involves the election of Venus Lapuz Ladignon as Vice-President and Daphne Molintas-Peredo as Vice-President and Secretary of BGMHOA.
Venus Ladignon was quite simply not qualified to be a member, trustee or officer of a CMP HOA. She was employed as Principal III at Cabiao National High School, Nueva Ecija, and failed to meet RA7279 qualification requirements for local residency, income and ownership with her husband of other property. Her involvement, if indeed she is aware of the use of her name, could only have been to act as a controlling interest operating for the benefit of her daughter Lovely Ladignon De Vera a.k.a Lovely Mandapat, Lovely Lapuz, Lovely Ladignon etc. Her involvement as an officer and trustee also constituted a conflict of interest that would be detrimental to the best interests of the majority of members.
It is most probable that Daphne Molintas-Peredo failed to meet RA7279 qualification requirements because of her income and ownership with her husband of other property. Further, she had a clear conflict of interest that adversely affected the majority of association members because she was also a trustee of BBGMFI as was her husband Joselito Peredo.
We also believe that several other trustees and officers of BBGMFI were not qualified to be members of a CMP HOA.
Under Rule XIII Section 2, within 15 days from the date of any regular or special election, the homeowners association shall submit an attendance sheet, notarized report of the election, proof of notice of election to the members, election returns and master list of qualified voters to HLURB-CAR.
Members should remember that the reason for requiring this submission is to enable members to identify any election anomalies that their association tries to directly hide from them.
Similarly, the association has to submit details of the election by the board of officers of the homeowners association.
If elections have not been held in accordance with the timing and procedures set out in the By-Laws, members should file a complaint with HLURB.
Rule XIV also requires the association to report to HLURB the reasons for any failure to hold or postponement of elections.
So if members have not been notified of elections then they will have grounds to complain to HLURB-CAR.
While the above comments focus on Benguet Green Meadows, the HLURB rules and regulations are equally applicable to Loakan Green Meadows, and members of the association for that project are quite entitled to file complaints with HLURB-CAR if they consider violations have taken place that adversely affect them.
Finally, based on our previous experience and ever-increasing knowledge, Lovely Ladignon De Vera has a habit of threatening people (sometimes physically) who intend to expose her scam and failure to comply with laws, rules and regulations. According to newspaper reports published during 2002 she was even threatening to sue Judge Ayson – not a very clever idea when you are using a false alias name! Ever since that time, government officials have distanced themselves from approvals for Benguet Green Meadows. And know Judge Ayson has been promoted to the Court of Appeals.
Take confidence from how we have dealt with those threats. We have stood firm. She has lost every single malicious falsified libel case that she has filed, and the recently appointed Bgauio City Prosecutor has been made familiar of her many alias names.
The problem for buyers is that she has used the money that you have paid to fund filing and legal costs for those falsified complaints. Check the audit trail and find out how she has illegally mis-appropriated your money without your knowledge, approval or consent, and without at the same time transferring a lot TCT to you.
In simple terms she is unable to repay buyers in full for the lots that she has failed to deliver because she has frivolously wasted buyer´s money on filing meaningless libel complaints that could never have prevailed.