First BF Homes Inc., located in Las Piñas City, has some 800 homeowners.
Simba filed a case against all the other directors of the board after he was effectively booted out as president for loss of trust and confidence three months into what would have been a one-year term.
In its decision, the HLURB said: "It is evident from the facts as admitted and disclosed by evidence, particularly the minutes of the several meetings conducted, that complainant’s removal from his position as president was for a justifiable cause: loss of trust and confidence."
The HLURB said Simba lost the trust and confidence of the rest of the directors when he forged an agreement with neighboring communities to open up new access gates into First BF Homes without consulting with the board or getting its approval.
The other directors expressed concern over the opening of new access gates, viewing it as a threat to the security of the neighborhood.
Simba also complained that his ouster as president of the homeowners’ association.
The HLURB said Simba was given several opportunities to explain his side to the other directors in the board but, instead of explaining, he insisted that his agreement with the informal dwellers had the tacit approval of the board.
"His (Simba’s) only defense was that the board had tacit approval of his actions, which, as the subsequent events would show, was not exactly accurate," the HLURB decision said.
"The move to reorganize the board of declaring all positions vacant was in fact a less offensive measure than an outright ouster – something which they (other directors) could lawfully do within the bounds of the by-laws," it added.
The by-laws of the FBFHAI allows for the removal or impeachment of any member of the 13-man board by a vote of 10 directors. Some 11 directors voted for Simba’s removal as president of the homeowners association and clearly complied with the by-laws.