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December 12, 2022

TO: MR. JOFRED HARVEY RICAFORT


Treasurer, Wellington Homeowners Association

CC: ALL BOARD OF DIRECTORS


Wellington Homeowners Association

Subject: FINAL DEMAND LETTER

Dear all,

Greetings!

Despite of repeated demands from your office most especially to the


treasurer Mr. Ricafort, I am now sending a FINAL DEMAND LETTER to
your good office to copy furnish me a copy of the following documents as
requested on my first letter to wit:

- Photocopy of Eastwest Bank Book from the very start.


- Photocopy of Monthly Report up to November 2022.
- Renewed BIR application for 2021 attached therewith the copies of the
financial report.
- Details of cash on hand particularly the money code.

Please be informed that I am a legitimate member of the association, a


member in good standing with a power vested by the “BY LAWS OF
WELLINGTON RESIDENCES HOMEOWNERS ASSOCIATION”, well in fact it is
not true, that i must incurred a majority signature of all the members before
i can request the aforementioned documents.

Notably speaking under the provisions of “BY-LAWS OF WELLINGTON


HOMEOWNERS ASSOCIATION INC.

ART V. BOARD OF DIRECTORS OR TRUSTEES PARAGRAPH (A) Duties


and Responsibilities Page 5 to wit:

A.) Regularly maintain an accounting system using generally accepted


accounting principles, and keep books of accounts, which shall
be OPEN FOR INSPECTION TO ANY HOMEOWNER and duly
authorized representative of government agencies upon request,
during REASONABLE HOURS ON BUSINESS DAYS.
ART X: FINANCIAL TRANSACTIONS SECTION 4. FISCAL YEAR PAGE
14: To wit:

“SECTION 4. FISCAL YEAR - The Fiscal year of the


association shall begin on the 1st day of January and end on
the 31st of December of each year. THE TREASURER SHALL
CAUSE TO BE MADE A FULL AND COMPLETE AUDIT OF
THE BOOKS, ACCOUNTS AND FINANCIAL CONDITION
OF THE ASSOCIATION. SUCH AUDIT SHALL BE MADE
AVAILABLE FOR INSPECTION BY THE MEMBERS.

xxxxxxxxxxxxxxxxxxxxxxx”

It is clear, however that such action shall not be determined on how many
members needed to approve such request, it is a mandatory under the law,
that such paper shall be made and available from time to time in case such
member would like to request.

It is not true also that such inspection shall not take into place wherein,
Meeting must be held first before granting such request.

Well in fact, I made numbers of demand through letter and messages from
your social media account, but to no avail, the alibi or ambiguous statement
of your treasurer, cannot be accepted as mere true and concrete facts of
legal terms. as there were no provisions stipulated under the law.

Such action is a clear manifestation of the principle of animus


possidendi, a malicious imputation with an hidden agenda to gain. with
this, if there were no malicious imputation why not copy furnish on time the
requested party.

In view thereof, I am giving ONE (1) DAY upon receipt of this letter, to
finally consider my request, Otherwise, I shall be constrained to seek legal
remedies and file charges against any person who may be liable with this
matter.

DURA LEX SED LEX “The law may be harsh but it is the law”.

SALUS POPULI EST SUPREMA LEX!!!

For your urgent compliance!

Very truly yours,

JERSON G. MADRONA
Homeowner
B29 L54 PH2 27ST Wellington Residence Tanza Cavite

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