Copy of the homeowner

Solely to present or discuss the following details to the board of directors that are present at the moment.

The Azalea Homes and Residences Incorporation,

Petitioner,
-versus-
________
The Present Board of Directors of the Azalea Homes and Residences Incorporation namely:
LYNDON LOPEZ
IRODE BUENAFE
JENRY ESPIRITU
MERLINDA ATIBAGOS
Respondents.
x-------------------------------------------------------------x
VERIFIED PETITION
(FOR DISSOLUTION OF THE BOARD and CONDUCT OF SPECIAL ELECTION)

PETIONERS, The Azalea Homes and Residences Incorporation, to this Honorable Board, respectfully
state:

We, the majority member of AZELEA HOMES AND RESIDENCES INCORPORATION. In accordance with
DHSUD Rule 11 section 76 DISSOLUTION OF THE BOARD OF DIRECTORS are petitioning for the
Dissolution of the Board of Directors and for the conduct of a Special Election on the grounds that the
present Board of Directors failed to obey and comply with Rule 13 Section 98 - Rule 11 Section 72
Paragraph (c) Qualifications of Trustees, Directors, and Officers - Rule 11 Section 79 Duties and
Responsibilities of the Board - Rule 14 Section 99 Prohibited Acts- Rule 3 Section 17 Procedure in
Declaring a Member Delinquent or Not in Good Standing - - Rule 3 Section 13 Rights of a Member
Paragraph (a) and (c) – Rule 4 t 22 Bylaws Paragraph (c), (d), (f), (j), (n), (o), (q), (r) - Rule 11 Section 80
Relationship with Local Government Unit Paragraph (c) – Rule 11 Section 77 Grounds for Removal of a
Trustee or Director or Dissolution of the Board of Directors and reasons are as follows:

 Provide a copy for the HO and bod for references

 Advised bod to take notes and answer all allegation against them with solid proof/evidences
before proceeding
1. The incumbent Board of Directors held the election sometimes in year 2021 however, the 2/3 of
the majority Homeowners was not attained during that election period;

 Bod to provide proof/ evidence e.g. members list vs voters

2. That, the election results, canvas sheet, and ballots were not presented to the Homeowners
after the election;
 Section 98. Election Reports
a. Copy of the notice of election sent to the members and posted in conspicuous places in the
subdivision/village or community;
b. Proof of service and publication/posting of the notice of election, or notarized certification issued by the
Election Committee attesting that notices of election were sent and/or delivered to all members, and that
 said notices were posted at the office of the association, on bulletin boards and other common areas and in
conspicuous places within the subdivision/village or community;
c. Master list of qualified voters as certified by the association Secretary and attested to by the Treasurer;
d. List of members who participated in the election or the attendance sheet with the corresponding
signatures of the members present, certified by the Election Committee;
e. Notarized minutes of elections prepared and signed by the Election Committee stating, among others, the
following: 1. Mode or modes of conducting the election;
2. Total number of qualified voters, the number of voters who cast their votes or participated in the
elections;
3. The number of votes garnered by each candidate, ranking and result of the voting.
4. Copy of the election tally sheets certified by the Election n Committee
f. Notarized Updated General Information Sheet signed by the association secretary
 Bod to provide results, canvas sheets, ballots etc.

3. That, the Board of Directors did not pay for the membership fee and are not paying the monthly
dues from or even before they were elected up to date; refer to Annex A.0;
 Section 72. Qualifications of Trustees or Directors, and Officers. A trustee or director and/or officer of an
association –
c. Must be a member in good standing as of three (3) months prior to the date of the election;
The trustees or directors and/or officers, during their term, shall continuously possess all the qualifications
and none of the disqualifications e
 Bod to provide OR with dates
 Names of the bod are not amongst the name of member whose paying the monthly
dues, posted last June and July, no membership
4. That, the Board of Directors are soliciting association dues amounting to TWO HUNDRED PESOS
(Php200.000) without the approval of the majority of Homeowners, and is different from the
approved amount stated in Bylaws,
 Section 22. Bylaws. The bylaws of an association shall be adopted by the majority of all
members of the association regardless of standing. It shall provide for the following:
 Bod is to provided majority votes in writing, any docs to disregard this claims

5. Depriving homeowner the right to inspect association books and records, did not even discuss it
during general meeting last January,
 Pursuant to rep act 9904 rule 3 sec 13 paragraph (B)rights of a member right to inspect
assosciations books and records during office hours and to be provided upon request with a copy
of annual reports, including financial statements and rule 14 sec 99 under prohibited acts-
depriving a HO to exercise its right to inspect associations records and books
 Section 99. Prohibited Acts.
F. To exercise rights and powers as stated in Section 10 of Republic Act No. 9904 in
violation of the required consultation and approval of the required number of
homeowners or members;

 Section 66. Financial and Other Records. The association is enjoined to observe the following
with regard to its funds, financial and other records:
b. All records involving the affairs of the association shall be available for examination
by all owners, holders of mortgages on the lots, and their respective authorized agents
upon reasonable advance notice, during normal working hours at the office of the
 association: Provided, that holders of mortgages on lots may have access to the
information about the property held in mortgage with the consent of the registered
owner;

6. That, the Board of directors are claiming /or falsely stated that the homeowners signed a
document stating that the latter agreed to the adoption of By-Laws, which never happened. The
homeowners only attended a meeting with the officers and signed an attendance sheet, not an
agreement document or contract whatsoever that will verify their claim. The residents do not
know what the By-Laws says, nor have they signed a document conforming or agreeing to
whatever is stated on it.
 Section 22. Bylaws. The bylaws of an association shall be adopted by the majority of all members
of the association regardless of standing.

7. That, the present Board of Directors are implementing policies, rules and regulations and deed
of restriction in the association without consultation and the approval of the majority;
 Sticker on vehicle
 200 pesos monthly dues
 Garbage , issuing of clearance, sticker rules (no monthly payment no availment of this
services)
 Collecting of fees to vendors, delivery services, food delivery)
BOD to provide docs that are approved by majority, e.g. approval of collecting fees to
vendors, or the sticker
 Section 79. Duties and Responsibilities of the Board
b. Collect reasonable fees, dues and assessments that may be provided for in the Bylaws and
approved by the majority of the members of the association;

8. That, the Board of Directors are giving a sanction to a member without following the standard
procedure in declaring a member delinquent or not in good standing; They were doing it so by:
a. Refusal to issue a vehicle sticker of a member who has an unpaid monthly due.
b. Refusal to accept a payment from a member who has 3 months balance in the monthly dues,
c. Refusal to collect the garbage of a member who has unpaid monthly due,
 Section 17. Procedure in Declaring a Member Delinquent or not in good standing. The Board or a
committee assigned by the Board shall observe the following procedure in declaring a member
delinquent or not in good standing:
 Section 73. Disqualifications of Trustees or Directors, and Officers.
 d. Those who unreasonably failed and/or refused to comply with the orders of HLURB, DHSUD and/or
HSAC;
 Section 22. Bylaws
d. The grounds and procedure by which members are declared delinquent or not in good standing, the
penalties and sanctions imposable on a delinquent member or a member not in good standing, and
the manner or procedure through which the declaration may be lifted and the member restored to
good standing;
 For clarification- it is okay to give sanction to a delinquent member but not ok to a member that
is not declared delinquent.
 BOD to provide a docs proving that a member is delinquent to justify their actions.
9. That, the same Board of Directors are continuously disregarding and violating the Rule 14
Section 99 namely:
 Section 99. Prohibited Acts
b. To deprive any homeowner of the right to avail of or enjoy basic community services and facilities
provided that the dues, charges, and other fees for such services have been duly paid;
c. To prevent any homeowner who has paid the required fees and charges from reasonably exercising the
right to inspect association books and records;
e. To deny any member due process in the imposition of administrative sanctions;
f. To exercise rights and powers as stated in Section 10 of Republic Act No. 9904 in violation of the required
consultation and approval of the required number of homeowners or members;
g. To unreasonably fail to provide basic community services, and to maintain, repair, and replace or modify
facilities administered by the association;
h. To implement association policies, rules and regulations, and deed of restrictions which have not been
ratified by the members of the association;
k. To prevent access or entry to, or collect gate fees, toll or any amount for such purpose from, any utility
service or delivery provider in order to enter the subdivision/village or community to deliver goods or
services ordered by the members or residents;
I. To prevent access or restrict the entry of utility service providers to the subdivision, village or community in
order to install their equipment, system or facilities pursuant to a contract with or approved application by a
resident; -PLDT internet provider
p. To knowingly enact resolutions in contravention of existing laws, rules, regulations and ordinances; and
q. To commit other acts prohibited by existing laws, rules and regulations promulgated by duly constituted
authorities, and the association's bylaws.

 Financial records where requested during the general meeting last January 2022
and been following up up-to this date.
 Financial records, Contract with the owner of the truck for rent, Receipt of
payment
a. Irregular collecting of garbage, (once a month, once every 2 weeks, or once every 3
weeks from January 2022 up to date). Disposing and burning of garbage inside the
subdivision, disrespecting a homeowner due to their immediate action in this regard,
 Report from DENR-story
 Fb page post
 Garbage collection has been one of the major problem that HO are encountering
since 2021.’
 In regards to this;
b. Failed to maintain the cleanliness of the association (tall grass from different blocks)
and in replacing the street lights, failed to take action with regards to security, theft/
burglary incidents, and Pets related incidents; refer to Annex G;
 Replacing streetlights was not regularly maintained
c. Preventing access or entry to, or collect gate fees, toll or any amount for such purpose
from, any utility service or delivery provider in order to enter the subdivision to deliver
goods or services ordered by the members or residents; Annex H;
 Collecting fees to vendors, delivery trucks or trics, courier e.g. food panda,
Lazada, shopppee etc. take note that those collections was not even reported
10. That, the present Board of directors has failed to inform the Homeowners that there are
vacancies in the position of the Board of Directors and failed to create an election for
committees necessary for the association which is in violation of the DHSUD Rules.
  Secretry was long resigned before they discuss it during the January meeting, no
other means of discussing it to HOA,
 Auditor was in active 3mos prior to January meeting, been active for the month
of may—june and recently resigned last July,

11. That, the same Board of Directors failed to maintain good quality source of water in the
association;
 Section 67. Rights and Powers of the Association
g. Where the association's water services are operated and maintained by the subdivision owner/developer
or a third-party provider, ensure the availability of quality water services at a reasonable price and, at its
option, after consultation with the general membership, and subject to compliance with existing laws,
administer and manage the waterworks system of the subdivision;
12. That, one of the Board of Directors and Vice President officer Mr. Irode Buenafe allegedly
threatened one of the homeowner’s Son, refer to Annex I;
 This happened during the liga month of______________
 Section 77. Grounds for Removal of a Trustee or Director or Dissolution of the Board of Directors. A
director may be removed, or the Board may be dissolved on grounds, such as but not limited to, the
following:
a. Breach of trust;
b. Conflict of interests;
c. Mismanagement, fraud or abuse of authority;
d. Tolerated the commission of fraudulent activities and other illegal acts committed by a trustee or director
and/or homeowners;
e. Gross negligence in managing the affairs of the association; or
f. Failed to perform their fiduciary duties and/or responsibilities.

13. That the Board of directors failed to follow the policy and rules and regulations stated in the by-laws
of the association

 Section 85. General Assembly Meetings. Meetings of members shall be presided by the
president, or in his/her absence, the vice president. Meetings of members may be regular or
special.
Regular meetings shall be held at least annually on the date fixed in the bylaws.
Special meetings shall be held at any time deemed by the Board, the president or Board
chairperson as necessary, or as provided in the Bylaws, or upon petition to the Board by thirty
percent (30%) of the members in good standing.

14. That the Present Board of Directors have failed and continuously failing to manage the association properly;

 Section 77. Grounds for Removal of a Trustee or Director or Dissolution of the Board of Directors. A
director may be removed, or the Board may be dissolved on grounds, such as but not limited to, the
following:
a. Breach of trust;
b. Conflict of interests;
c. Mismanagement, fraud or abuse of authority;
d. Tolerated the commission of fraudulent activities and other illegal acts committed by a trustee
or director and/or homeowners;
e. Gross negligence in managing the affairs of the association; or
f. Failed to perform their fiduciary duties and/or responsibilities.
 ******************************************************************************
 Section 71. Fidelity bond. Unless otherwise provided in the Bylaws, the elected president and
treasurer of the association shall post a fidelity bond in an amount equivalent to the association's
cash assets at the time of assumption to office, to answer for the misuse of association funds. The
premium of such bond may be sourced from the operating expenses of the association.
 Section 79. Duties and Responsibilities of the Board. In addition to the duties and responsibilities
stated in the Bylaws of the association, the Board which has primary authority to manage the affairs
of the association shall have the following duties and responsibilities:
h. To have a working knowledge of the statutory and regulatory requirements affecting the
association
 Article 3. of the Civil Code of the Philippines, law excuses no one from compliance therewith
 Section 103. Penalties and Sanctions:
a. Fine of not less than Five Thousand Pesos (PS,000.00) but not more than Fifty Thousand Pesos
(PS0,000.00); and
b. Permanent disqualification from being elected or appointed as member of the Board, officer or
employee of the Association, shall be imposed on serious and grave offenses without prejudice to being
charged before a regular court for violations of the provisions of the Revised Penal Code, Civil Code and
other pertinent laws

In view of the above premises, we the PETITIONERS have signify our intentions and
requesting your Honorable Office to (1) ISSUE an order validating the petition and the
dissolution of the Board of Directors and; (2) ALLOW us to immediately conduct a SPECIAL
ELECTION to elect a new Board of Directors of Azalea Homes and Residences Inc.,

The intent of this letter is solely to present or discuss the following details to the board of directors present at the
moment, not to be use in anyway other than what was stated above.
Articles that were stated above were gathered/copied from RA 9904 series of 2021.
Aug. 08, 2022