September 13, 2019
SEC-OGC OPINION NO. 36-19
RE: NOTICE AND QUORUM IN MEMBERSHIP MEETINGS
Legrand Properties, Inc.
747 San Bernardo St.
Sta. Cruz, Manila
Attention: Mr. Benjamin K. Calubad
Dear Mr. Calubad,
This is in relation to your letter dated 23 October 2017 requesting for an opinion on the notice and quorum requirement as well as voting rights in membership meetings of Le Mar Ben Classic Condominium Tower II Association, Inc. (Le Marben II Association).
You stated that Legrand Properties, Inc. (Legrand) owns 8 condominium units in Le Mar Ben Classic Condominium Tower II, the legal title of which has been transferred from Legrand to an assignee by way of a Deed of Assignment. The project consists of 62 individually titled condominium units owned by 36 persons, natural and corporate.
You further stated that Le Marben II Association held a membership meeting on 22 September 2017 and an election on 6 October 2017. The notices of meetings were posted in the common areas of the project. Contrary to what is provided in the By-laws, the members were not served with notice personally or by...