Friday, May 31, 2013

Lancaster Residences Factions and why Unity is a Requirement

In every community, we can't deny that there are always divisions due to different principles, ideals, and preferences. In Lancaster Residences alone, if a neighborhood association is to be taken in consideration, there are three existing organizations. In this article, we will pinpoint each of their histories, why factions have shown up in the first place, why unity is needed and why unity must be attained at all cost.



In Lancaster Residences, there are three factions. The first faction of which is the Block Representatives which were proclaimed by the developer, Pro-Friends as its homeowner bloc for its Lancaster Estates Homeowners Assocation or LEHOA; the second is the One Lancaster Lane Neighborhood Association, and the last is Lancaster Residences Unit Owners Association or LRUOA.


1. Lancaster Estates Homeowners Association (LEHOA) Block Representatives

The Lancaster Estates Homeowners Association is the only Homeowners Association (LEHOA) registered on HLURB with license no. 14191. And was registered November 2009 as a legit HOA for Lancaster Village 1, Village 2 East and West, and Residences phases 1-7. The LEHOA is handled by the real-estate developer, Pro-Friends, via its 5 directorial seats. This association has been marred with controversies and issues due to bylaws drafted and implemented without consultation and approval of the homeowners which paved way to the organization's operations backbone through implementing dues without consultation from its members and proclaiming block representatives from the homeowners in the absence of election. This bylaw has paved the way for the real-estate developer to handle the HOA and its executive functions; and its proclamation of block representatives.

Through our research, and consultation with one of the block representatives, their group only composed of block representatives from Lancaster Residences 1 and 2. Even some of the members are also members of the other organization, the One Lancaster Lane Neighborhood Association and LRUOA.

The block representatives never had decision-making power due to the setup of LEHOA through its bylaws. Technically, through questions asked, that what they only do is to disseminate the decisions of the Village Administrator which is a Pro-Friends employee and a non-resident of any of the subdivisions under the jurisdiction of LEHOA. However, what they enjoy is the privilege that they are close with the developer.

Unverified rumors also say that they receive funding from the developer and when they do, they effectively disseminate the information coming from the Village Administrator; and if they don't, they decide to keep quiet on it.

LEHOA Leadership


2. One Lancaster Lane Phase-I, Alapan II-A Residence Neighborhood Assn. Inc.

Little is known about this neighborhood association except for their signage at Beech corner Residences Avenue and some of its trash cans marking neighborhood association name. This neighborhood association is registered under Securities and Exchange Commission as a cooperative but is not registered in HLURB as a homeowners association last 2010. Their proclaimed jurisdiction is limited to Lancaster Residences Phase 1 and their officers are proclaimed amongst themselves but have already disbanded since early 2011. And so there are no more projects and the only active and visible component of this organization is its president.

3. Lancaster Residences Unit Owners Association, Inc. (LRUOA)

This organization is an active organization that was registered last 2012 in SEC as a cooperative non-profit organization but has not been given by HLURB a registration as a homeowners association. Their group was a renamed organization from the ADHOC committee which has been prevalent in Lancaster Residences since early 2011. Their current officers was due to an election participated by over 300 unit owners of Lancaster Residences from its various phases. Even way back 2011, their group was an active social worker in the community. Acting as a voice to the homeowners to the real-estate developer which in turn, the developer does not recognize and consider as nuisance. They also act as petition requesters to the Barangay for projects in case the developer through LEHOA does not listen to its requests. Their group is responsible for petitioning in lighting up the village when it is not yet available, aided garbage collection from the barangay when the one provided by the developer is insufficient or does not arrive. They are also responsible for declogging the man-made creek during the flooding of 2012 when the developer has not sent any; nightly ronda of police for the implementation of curfew for minors but later was stopped as the developer did not allow the entry of the police; aerobic sessions, etc.

This group is also responsible in requesting HLURB for a segregation from LEHOA and to minimize HOA dues and to stop using the water utility, Southlink, as the collecting agent for HOA dues. However, all fell in deaf ears from HLURB and the developer.

Current Situation of Lancaster Residences




Realizations

Looking through each of their history, the block representatives came up from a call by the real-estate developer during the early years of Lancaster Residences. Hoping that they can do something good for the community, they volunteered themselves. However without knowing the laws regarding homeowners association, they did not know what was coming up to them. Due to the structure of LEHOA through its bylaws that are already in implementation status even before LEHOA had its officers, the block representatives do not have decision-making power in the homeowners association. Instead they became "messengers" of the developer handling LEHOA for the decisions they pursue to be implemented in the community. And due to the insufficiency or single-sidedness of the bylaws to which most if its benefit is for the real-estate developer rather than the homeowners, the residents' tendencies is to build a feeling of grudge against the block representatives.

Thus, One Lancaster Lane Neighborhood Association came up as a result to fill-in the gaps for Lancaster Residences Phase 1 but eventually became useless as well due to the fact of insufficient involvement from phase 1 homeowners and not being able to have an HLURB license to operate as a homeowners association. Their group, in just a few months, fell; leaving its president as the sole visible entity of this group.

In the continuous absence of a voice of the homeowners and the insufficiency of services given for the homeowners by the developer, the ADHOC Committee emerged (which eventually became LRUOA) and remained to be the long standing organization known to side with the homeowners with multitudes of services to the community including its opposition to the LEHOA and its policies after all of the attempts to talk to the real-estate developer failed. As they continuously hold meetings to know the homeowners' sentiments before working on an issue, LRUOA holds the support of most (if not all) of the homeowners of Lancaster Residences.

Conclusion

As for the realization above, there is only one issue and the root cause of all: Factions came up due to the insufficiency of services supplied by the real-estate developer, Pro-Friends and continuous handling of the homeowners association through LEHOA.

Even if you elect your officers but the decision-making and directorial positions is still owned by the developer, the officers you elected will remain to be empty handed as what the block representatives are until today.

And because they will remain empty-handed and helpless, even if untrue, the homeowners would think that these elected officers is in connivance with the developer for being in the position yet nothing is happening. The issue will just go in circles.

Solution:

As the saying goes, "In unity, we stand. Divided, we shall fall."; and using Julius Caesar's political strategy of "Divide and Conquer", the real-estate developer has successfully and continuously gains power over the homeowners of Lancaster Residences through its LEHOA. This is amidst its seemingly illegal nature when the law prescribes that a real-estate developer must not manage and handle the homeowners association (see LEHOA Bylaws, RA9904 and PD957).

If the homeowners of Lancaster Residences would like to see a lasting change and to handle the homeowners association (the way it must be), do not allow yourselves to remain divided. Instead unite for a common cause. And do not expect the real-estate developer to start this change as the unity will do them no good (see Estimated Collections of LEHOA). In fact the developers knew that their responsibility is to spend for the basic utilities of their real-estate project until a homeowners association is put up by the homeowners, yet they chose to establish their own LEHOA to get money from its own customers, the homeowners. (see Homeowners dues illegally collected by the developer).

With this, the incumbent block representatives, One Lancaster Lane Neighborhood Association (or what must have been left of it), and LRUOA to meet amongst themselves, unite and lead the community for a lasting change... settle your differences for the community!  While paying homeowner members of LEHOA to show up and declare the bylaws and incumbent directors of LEHOA who are all employees of Pro-Friends and non-residents, as invalid and open for elections (as prescribed by RA9904). Once that is done, the community may now democratically elect the board of directors for LEHOA from homeowners as well as what the law demands.

It is time for the homeowners to stage a lasting change and choose the future of the community. If we all decide to remain quiet and play safe, do know that through the current bylaws of LEHOA, the developer has a lasting grip to the homeowners association. Tayo po lahat ang talo dito kung hindi ito gagawan ng paraan.

So instead of liking and responding, "We are at your back.". It is better to say, "We are together with you, what can we do for our community?"

Ang Homeowners Association ay marapat lang na hinahawakan ng homeowners at hindi ang real-estate developer.

The ideal and legal homeowners association without real-estate developer involvement.

What will happen if the homeowners continue to be in the middle ground and play a "waiting game"?

Without active participation and support of the homeowners, your leaders will not have the capacity to fight further for the rights of the homeowners; as they would see that they will only be left behind in case the developer plans of a counter-charge against them. The developer will see this as an opportunity due to the "divide and conquer" philosophy. Thus the scenario we have today in the homeowners association will continue. The real-estate developer will continue to be in power to dictate the homeowners association more for their benefit instead of the homeowners benefit. The money the homeowners pay will go to disbursements that will remain a mystery. If this attitude will continue, the community will remain to be in disaster: Forever divided, and will continue to be a victim of opportunism to which you and your future generations (your children) will bear and suffer in years to come.


4 comments:

  1. as long as hindi nyo iinvade ang somerset its ok with us.. id still think na mas maganda na ang developer ang humawak sa dues. ilang villages and subdivisions na ang elected homeowner ang humawak ng dues at tinakbo ang pera. ung isang kilala pa namin nag ambagan daw sila para lang maibalik ang street light dahil hindi na nila makita ang presidente nila na ilang buwan na pala hindi nag babayad ng bill sa street light.
    pag developer ang may hawak atleast meron tau siguradong malaking kumpanya na mahahabol at pwedeng kasuhan sakali man itakbo ang pera. pag isang tao lang yan pahirapan pa yan hanapin at hindi natin maiiwasan na may mga gahaman sa pera. atleast ang ginawa ni pfi meron silang block rep. na napag sasabihan ng mga napupuntahan ng pera. and isnt it obvious kung saan napupunta ang pera? magkano pasahod ng guard, street light, van. sa 300 pesos sulit na sulit na tau sa van pa lang isipin mo kung sasakay ka ng tricycle araw araw magkano aabutin mo sa pamasahe? ang tricycle nag kakahalaga ng 25pesos pag may kasabay ka pano pag wala? 25 pesos 5 times a week in a month mag kano ka aabutin? eh ang guard pa alam natin na bukod ung nasa gate meron pang roving guard and na witness ko un kahit gabi umiikot sila tinitignan ung mga saradong unit and very polite babatiin ka pa pag napadaan sau. nag tanong narin ako sa mga kapit bahay nmin kung ok ba na alisin ang dues, ayaw daw nila, malaki ang pakinabang nila sa van pa lang sulit na. hindi ako taga pfi nag re-rent lang ako dito sa LR while waiting for my unit sa Somerset. and iam very thankful na developer ang may hawak ng dues palagay ang loob ko na if ever may gawing mali meron siguradong mahahabol. unlike sa na elect madaling mag tago like what happened sa ibang subdivisions and villages

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    1. First of all, thank you for being the first commenter on this blog and for finding the time to air your idea and your take of a homeowners association. But let me send you a message regarding your preference.
      A "Homeowners" Association as why it is called one, is that it is meant to be handled by homeowners for a community categorized as a "gated community" such as ours. And several laws has been legislated to protect this association to remain as a non-profit organization that is for the homeowners. A developer handling a homeowners association is illegal no matter how good their intentions are. But in a homeowners association the community has a choice to choose their leaders. Just like in a national election, the nation chooses the quality of governance through elections. Similar to a homeowners association, the neighborhood chooses the fate of the association. If you voted for a non-trustworthy leader, then the community gets what they voted for. However, monopolizing a homeowners association by having real-estate developers handle it would not allow you to choose the neighborhood's fate. If they in turn would choose to corrupt the community, then we couldn't put the blame on ours. And there is no way to unseat them as they were assigned... and not elected. This is in contrast with your take that it is easier to fight a corrupt developer than a corrupt neighbor. It isn't. A corrupt neighbor hides to get away from his crimes yet a corrupt developer have enough funds to pay for an attorney to help them get away from the crime and end up unscarred while with their power and money, they have the capability to turn the world upside down and place the threat on you. So which is easier?

      And regarding the dues and shuttle service. Without thinking out-of-the-box, you would definitely see out in the open that you get all the benefit of it. But if you think it over further, there is more danger to it than the benefit you see.

      The free shuttle service will never be there forever. And that's a fact and that is for sure. And why is it there and is for free? This is to be able get the hearts of the buyers like you who were lured to, and that is one of the reasons why you bought a property at somerset. While the problem remains, the tricycle fee is still expensive. And once the shuttle service is out, the law of supply and demand will definitely increase the fare of the tricycle even more. Much worse is that if the real-estate developer chooses to place fees on the shuttle service, due to monopoly, its price will be higher than normal.
      If the real-estate developer would really like to improve the community, it would have opted to plan ahead for a sustainable solution and not a temporary one. Open up a shuttle service that will be handled by a cooperative. In turn, the homeowners themselves can earn through this instead of monopolizing the service. And due to competition between a cooperative-handled shuttle service, competition will surely bring down the tricycles' fare as well.

      The HOA dues must pay for the security guards yet try to ask them where they get their salaries. They will surely say it is from the developer. If in case the tide turns around, don't expect them to pledge their loyalty to the homeowners, they wouldn't because they know that the neighborhood is not the one feeding them. This was already proven 2 years ago and it will happen again.

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  2. We are facing the same problems such as your, though condominium naman, and yung developer din ang nag tayo ng condo corp, ( HOA) , we have no voice, nag increase na sila ng association dues, and now we will be having elections, provided , 2 seats will remain sa developer, Pres. and Treasurer, and Interim Officers want to continue the election to push thru though wala pang mga titles, and madami pang di natatapos ang developer, para ngang martial law, sa forum di na din pwede mag post, puro tungkol lang sa election ang pwede, pag against sa election, wala dika pwede mag post. and wala pang 50% ang nakatira, sa whole project, kindly give advise...thanks

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    1. My advise will be the same. A HOA must be handled by homeowners.

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