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#1
Open Discussion / Re: South portion of Beverly H...
Last post by pambi - Feb 28, 2025, 05:43 AM
That is alarming
#2
Membership and Forms / Re: Map of Beverly Hills
Last post by pambi - Feb 28, 2025, 05:34 AM
I will make a new version of this map soon
#3
Open Discussion / South portion of Beverly Hills...
Last post by Balogs - Feb 08, 2025, 01:33 PM
February 8, 2025, 11:30AM

The incident happened along Beverly Hills Avenue and Poinsettia Drive near the trail going to Tungtung Falls.

Just an hour ago, a concerning situation unfolded adjucent to my house. A potential intruder who entered the adjacent property is currently being monitored by us. My men assisted after a construction worker witnessed the individual entering and alerted BHHA guards.

The other day brought another incident to Atty. Moreno. Two unauthorised men entered his property. Luckily, he managed to shout, effectively startingle the intruders and hopefully deter any further aggression. The incident is a stark reminder of the importance of being vigilant and taking proactive security measures.

Two additional burglaries reported alongside the one already we are tracking. These incidents, occurring in close proximity and within a short timeframe, have raised concerns about a potential risk.

Upon checking the area, my men noticed a concerning accumulation of construction materials along Beverly Avenue towards the riverbank. Piles of used lumber, stacks of used concrete forms, and iron sheets raised immediate red flags. It is possible that the proximity of these materials could lead to the development of informal dwellings, in addition to the two unconventional houses that are currently present near TungTung Falls.

Given previous issues with unregulated development in adjacent areas, it's conceivable someone is going to build new structures, perhaps even a dwelling, without proper authorization, potentially encroaching upon the river's natural boundary and jeopardizing the delicate ecosystem. Investigation is necessary to prevent unlawful building due to the risks it poses to safety, security and the ecosystem. It is necessary to take action on this situation to prevent any unlawful construction activities before they can start.

To ensure resident safety and a positive community environment, it is crucial to prevent the development of shanty towns before they are established within or adjacent to a community. The development of informal settlements can degrade the value of our subdivision, including water, sanitation, and waste management systems, potentially leading to public health concerns. Moreover, this settlement is frequently in violation of proper building codes and safety regulations, which can lead to fire hazards (take LA as an example). We should work with the LGU to address these issues early on, to prevent the negative impacts associated with this settlement.
#4
Question & Answer / A way to recover payments for ...
Last post by Balogs - Feb 02, 2025, 01:58 PM
This is just my personal view on the subject matter as a non-lawyer. Just to be clear, this doesn't mean it's advising or motivating anyone to take a particular action unless no other option is available.

If the HOA has been declared dissolved and still operating illegally, you may explore various legal avenues to recover any payment dues you have made. You can file a civil case for the recovery of the payments made, citing the absence of a legitimate entity to which these payments are owed.

Since the dissolved HOA no longer has legal standing, it may be a good option to file a personal complaint against the board of trustees in their personal capacity.

Gather all related documentation, including receipts of payments, correspondence with the HOA, and any official documentation proving the dissolution which is available. This evidence will be crucial in establishing that you have fulfilled your financial obligations to an entity that no longer exists.

Forming a group with other affected homeowners can strengthen the case. Jointly filing for recovery not only reduces individual costs but also amplifies the legal pressure on the dissolved HOA or its members.

If you believe that the actions of the dissolved HOA constitute fraud or misappropriation of funds, you may want to explore criminal charges. Under the Revised Penal Code of the Philippines, specific offenses like estafa (swindling) can be pursued if the HOA's directors collected payments under false pretenses. Consult with your legal counsel about the viability of this option.

If you are seeking to recover payments from a HOA that has been dissolved and is operating illegally, the appropriate legal route may depend on several factors. Here are some potential legal actions that might be considered:

1.) Breach of Contract: If you made payments based on a contract (such as HOA governing documents, which you signed in), you might have a claim for breach of contract if the HOA failed to provide services or uphold its obligations.

2.) Unjust Enrichment: If a HOA has received payments without providing the expected services, you may be able to argue that they were unjustly enriched at your expense and seek recovery based on this legal theory.

3.) Small Claims Court: If the amount you are trying to recover is modest, you might consider filing a claim in small claims court, which often has simplified procedures and does not require an attorney.
#5
Question & Answer / Where can I file a complaint r...
Last post by Balogs - Jan 31, 2025, 02:54 PM
In the Philippines, homeowners' associations (HOAs) play a pivotal role in maintaining order and ensuring the smooth administration of residential subdivisions and condominiums. Legitimate HOAs are required to operate under the rules set by the Housing and Land Use Regulatory Board (HLURB), now known as the Department of Human Settlements and Urban Development (DHSUD). However, there are instances where dissolved or defunct HOAs continue to operate illegally, collecting fees and dues from unsuspecting homeowners. What happens when you discover that payments were made to an organization no longer legally operational? Here's what you need to know and how to recover your funds.

Step 1: Confirm the HOA's Legal Status

Before deciding on any course of action, it's critical to verify the HOA's current legal status. Under Philippine laws, a legitimate HOA must be registered with the DHSUD, and its operations should conform to the association's bylaws and national regulations. To check the HOA's registration and compliance status:

  • Inquire with the DHSUD regional office covering your location.
  • Request for a copy of the association's Certificate of Registration or inquire if it has already been revoked or dissolved.

An HOA might lose its legal status if it fails to comply with DHSUD requirements, mismanages funds, or voluntarily dissolves. If you find evidence that the HOA is dissolved or defunct, any payment it has collected afterward may be considered invalid.

Step 2: Gather Evidence of Payments Made

To recover the payments you've made to the dissolved and defunct HOA, documentation is key. Collect all relevant evidence related to the payments:

  • Receipts issued by the HOA for your payments.
  • Any bank deposit slips or online transfer records reflecting payments made to the HOA's bank account.
  • Notices, letters, or communication from the HOA demanding payments.
  • Proof of the HOA's dissolved or revoked legal status from the DHSUD.

Maintaining these records will strengthen your case when you move forward with your complaint.

Step 3: File a Complaint with the DHSUD

The DHSUD holds jurisdiction over matters involving HOAs, particularly disputes relating to fees, compliance, and legality. If you've made payments to a dissolved or defunct HOA, you can file a formal complaint with DHSUD for investigation.

Steps to File a Complaint:

  • Prepare a Complaint Letter: Draft a detailed complaint, outlining the following:
  • The dissolved status of the HOA.
  • The payments you've made, including amounts, dates, and receipt numbers.
  • How you discovered the HOA's legal status and why its continued operation is illegal.

Attach Supporting Documents: Include proof of payments made, correspondence with the HOA, and a copy of the DHSUD certification confirming the HOA's dissolution.

Submit to Your Regional DHSUD Office: File the complaint in person or send it via registered mail. You can identify the correct regional office via the DHSUD website or hotline.

The DHSUD will evaluate your complaint and may summon the officers of the dissolved HOA for investigation. If found guilty of operating illegally, these officers could face penalties, and you may be able to claim a refund of your payments.

Step 4: File a Case for Refund or Damages in Court

In cases where the defunct HOA's officers refuse to cooperate or if you are unable to recover payments through DHSUD mediation, you may need to escalate the matter to the courts. You can file a civil case for a refund or damages against the individuals responsible. Consult a legal professional to guide you through the process.

Key Legal Remedies:

Civil Action for Refund or Unjust Enrichment: You can claim that the dissolved HOA or its representatives collected payments unlawfully, leading to the enrichment of the organization or officers at your expense.

Criminal Complaint for Fraud/Illegal Collection: If there is evidence of deliberate deception, you may also file criminal complaints.

Step 5: Report the Issue to Local Government Units

If the dissolved HOA continues to operate illegally, this may also fall under the jurisdiction of local government units (LGUs), which oversee some aspects of community administration. Report the issue to the City or Municipal office where the subdivision or condominium is located. Some LGUs have grievance or mediation offices that can provide additional support.

Step 6: Alert Other Homeowners

In cases involving financial fraud or illegal activity by the defunct HOA, it's likely that other homeowners have also fallen victim. Organize a meeting with affected residents, and collectively take steps to pursue legal action. A class action suit or collective complaint can raise the pressure on the defunct HOA and increase your chances of recovering payments.
Preventative Measures: Protecting Yourself in the Future

To avoid falling victim to similar issues, practice due diligence with your HOA:

  • Request regular financial audits and operational updates from HOA officers.
  • Confirm their DHSUD registration annually.
  • Attend HOA meetings to understand how the organization manages its funds.

Conclusion

Making payments to a dissolved or defunct HOA operating illegally in the Philippines can be a frustrating and disheartening experience, but recovery is possible. By following the proper legal channels, filing complaints with the DHSUD, and escalating disputes when needed, you can hold the defunct HOA accountable and reclaim your hard-earned funds. Remember to lean on legal professionals, local government offices, and community cooperation to build a strong case. Above all, remain vigilant to prevent similar situations from occurring in the future.
#6
Open Discussion / Potential criminal liability o...
Last post by ed - Jan 31, 2025, 02:25 PM
Officials of a homeowners' association (HOA) can potentially face criminal liability for mishandling members' money. The relevant laws that could apply include the Revised Penal Code, particularly provisions concerning fraud, embezzlement, and other forms of malfeasance in office.

Here are some key points regarding potential criminal liability:

Breach of Trust: If an HOA official is found to have misappropriated funds or has diverted association funds for personal use, this could constitute a breach of trust or embezzlement, which are punishable under the Revised Penal Code.

Dishonesty and Fraud: Under the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019), public officials, which can include HOA officials if construed as such, can be charged with corrupt practices if they engage in acts of dishonesty, such as falsifying financial records, misappropriating funds, or failing to conduct proper audits.

Failure to Conduct Audits: While the absence of an audit may not immediately lead to criminal liability, it could indicate gross negligence or mismanagement. If this negligence results in financial loss to the members, the official may be held liable.

Civil Liability: Besides criminal charges, members of the HOA could also pursue civil actions for damages against the officials for losses incurred due to their mishandling of funds.

Corporate Governance: The Corporation Code of the Philippines also outlines the responsibilities and duties of officers of non-profit organizations, including HOAs. Failure to adhere to these responsibilities could also lead to legal consequences.

HOA Bylaws and Policies: Additionally, specific bylaws and policies of the particular HOA may stipulate duties and responsibilities relating to financial management, which if violated, could lead to internal disciplinary actions.

If members suspect misconduct within their HOA, they may consider gathering evidence and consulting with legal counsel to explore their options, which could include filing a complaint with the local government or pursuing civil and/or criminal actions against the HOA officials involved.
#7
Open Discussion / Re: BHCHA+BHHA Crossroads:
Last post by Balogs - Jan 19, 2025, 08:35 PM
During January 18, 2025 Town Hall Meeting
#8
Open Discussion / BHCHA+BHHA Crossroads:
Last post by Balogs - Jan 19, 2025, 05:49 PM
Beverly Hills Crossroads:

As a close observer of yesterday's town hall, January 18, 2025, the comments of the opposing HOA faction laid bare a stark reality: the peaceful path we've opted to take has only prolonged division. This was painfully clear from the counter-arguments that lacked the foundation of thoughtful, informed consideration. Frankly, the session highlighted a profound disconnect between their stated position and a genuine understanding of the issues at hand. This lack of intellectual rigor, the pervasive hypocrisy underscore a critical point: we cannot continue to engage in this way because it is futile to try to reason with people who refuse to respect the rule of law.

Getting good governance back on track requires more than wishful thinking. It requires clear vision, dedication to principle, and above all, a commitment to addressing the core challenges we face as a community. This isn't about personality clashes or power struggles; it's about forging a path that benefits every single homeowner within our community.

The recent discourse has brought to mind a simple, irrefutable law of nature: oil and water don't mix. Just as these substances are fundamentally incompatible, it's becoming increasingly obvious that our current approach to working with the opposing faction may be similarly unproductive. Our attempt and willingness to coordinate with them for a peaceful transition that turns out to be simply not achievable, has resulted in nothing more than wasted energy and a continued state of conflict.

It is now time for a necessary pivot towards an effective strategy. We must acknowledge the reality that cooperation with the defunct HOA shall present no effective solution, as clinging to this hope only perpetuates the stagnation and frustration we've all witnessed. Agreeing to terms that don't truly address the core issues at hand simply postpones the inevitable conflict. It merely leads to resentment, a feeling of being taken advantage of, and ultimately a re-emergence of the original problem or perhaps even in a more aggravated form.

BHCHA shall move beyond unproductive battles and build a future where common sense and good faith prevail.
#9
Information & Updates / Beverly Hills Home Owners Asso...
Last post by Balogs - Jan 19, 2025, 10:15 AM

TIMELINE OF EVENTS

1964 December 29 : Beverly Hills Homeowners Association Inc. (BHHAI) was incorporated with a term of 50 years.

2014 December 29 : 50-year term of BHHAI expired by operation of law.

2015 January 28 : BHHAI applied for an extension of its life and was issued a Certificate of Filing Amended Articles of Incorporation by the then HLURB.

2023 March 06 : Concerned residents petitioned for the automatic dissolution of BHHAI, given that its corporate life had already expired.

2023 May 24 : DHSUD noted in an official communication that BHHAI's Amended Articles of Incorporation expired on 2014 December 29 and were told to apply for a new Certificate of Incorporation.

2023 June 21 : BHHAI filed Amended By-Laws instead of applying for a new Association.

2023 November 17 : DHSUD Region IV-A Order affirmed the automatic dissolution of BHHAI "...without need for further proceedings..."

2023 November 24 : DHSUD Region IV-A "denied outright" BHHAI's June 21, 2023, attempt to file Amended By-Laws.

2024 April 29 : DHSUD issued a Certificate of Registration to Beverly Hills Community Homeowners Association (BHCHA) as the new HOA for Beverly Hills Subdivision.

2024 May 23 : In a letter response to one of BHHAI's lawyers who alleged that a valid appeal had already been filed, the DHSUD reiterated rules which govern the finality of orders from the DHSUD Regional Director.

2024 August 20 : DHSUD Region 4A issued a Certification that an Appeal Memorandum was filed on Feb 2, 2024 – 50 days past the deadline of submission of the Appeal Memorandum.

2024 September 11 : DHSUD Secretary's decision (a) affirmed DHSUD Region IV-A Order; (b) denied the two appeals filed by BHHAI.

2024 August 20 : DHSUD Region 4A issued a Certification that an Appeal Memorandum was filed on Feb 2, 2024 – 50 days past the deadline of submission of the Appeal Memorandum.

2024 September 11 : DHSUD Secretary's decision (a) affirmed DHSUD Region IV-A Order; (b) denied the two appeals filed by BHHAI.

2024 September 20 : BHHAI filed an Appeal Memorandum under AO No. 22- Prescribing Rules And Regulations Governing Appeals To The Office Of The President Of The Philippines.

2024 November 16 : Office of the President has taken no action sixty days from the date on BHHAI appeal to the OP, rendering executory the DHSUD Region IV-A Order affirming BHHAI dissolution.

  • Sec 9 of AO 22 states : "...With respect to decisions/resolutions/orders of the Housing and Land Use Regulatory Board, the appeal will stay the execution for a period of sixty (60) days from the date of the filing of a Notice of Appeal within the period set in Section 1, after which the decision/ resolution/ order shall be executory unless otherwise ordered by the Office of the President.

On 2024 December : BHCHA initiated its operational preparations, specifically focusing on defining and establishing its operational flow. This involved outlining the processes, procedures, and workflows necessary for the organization to function effectively.

On 2024 January : BHCHA commenced business operations, indicating the start of its community service.
#10
Question & Answer / BHCHA Office and Contact Detai...
Last post by pambi - Dec 31, 2024, 11:29 AM
Can anyone provide with the right contact information of the new HOA?