THE homeowners association of Fiesta Communities Tabun Mabalacat City (FCTMCHAI) has yet to welcome its new set of Board of Directors as the incumbent board led by its outgoing president Dennis J. De la Crus, a police captain, filed a complaint against its Election Committee with the Department of Human Settlements and Urban Development (DHSUD) about the lack of quorum leading to a failure of election.
In the complaint, de la Cruz, et al alleged that the Election Committee of FCTMCHAI violated provisions of the Magna Carta of Homeowners and Homeowners Associations particularly Sections 58 and 59 and Articles V and VIII of the association by laws, viz: Section 58 Proxies. Association members may vote in person or by proxy in all meetings of the members. Proxies shall be in writing, signed by the members and filed before the scheduled meeting with the association secretary and Section 59 Failure of Election. When a regular or special election cannot be held or conducted due to lack if quorum as defined under the association by laws.
Additionally, the complaint alleges violation of the association by laws particularly the following articles: Article V Board of Directors or Trustees. Section 3 Election and term of office. Directors shall be elected by secret ballot at the annual meeting of the members of the association; Article VIII Election Section 3 Failure of election, When a regular or special election cannot be held or conducted due to lack of quorum as defined under the association by laws or for some serious causes, the Election Committee shall call for another election within a period of thirty (30) days from the date of the failed election or the cessation of the causes for such failure of election.
The matter is now at DHSUD Region III for adjudicatio with the Election Committee being required to submit its Answer to the complaint.
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Meanwhile, the incumbent Board headed by President Dennis J. Dela Crus still handles the day-to-day operations of FCTMCHAI.
The opposing party led by Ador Macayan is waiting in the wings for the decision of DHSUD Region III before it takes over the affairs of the association.
