Almost a month ago, Republic Act No. 9904 (An Act Providing for a Magna Carta for Homeowners and Homeowners’ Associations, and for Other Purposes) was signed by the President.
RA 9904 was designed to be the vehicle to bring peace and comfortable living conditions in many communities. This is according to Senate Majority Floor Leader Juan Miguel Zubiri. He said that this law will benefit all homeowners from the different socio-economic classes. It was made sure that the benefits will be encompassing. Sen. Zubiri further said that the Magna Carta would “hopefully put an end to the confusion on where to register homeowners’ associations.”
Under RA 9904, every association of homeowners shall be required to register with the Housing and Land Use Regulatory Board (HLURB). This registration shall serve to grant juridical personality to all such associations that have not previously acquired the same by operation of the General Corporation Law or by any other general law.
In addition, the existence of associations previously registered with the Home Insurance Guarantee Corporation or the SEC shall be respected, and the said associations shall not be charged a penalty when they register with the HLURB after RA 9904 takes effect.
As Realtors, I think that we should be well-versed with new laws that affect our clients who want to purchase properties in gated communities – be they high-end or low-end subdivision projects – so that we could give them ample and educated advise should they ask our opinions about it.
For further information about RA 9904, I have prepared a primer that can be downloaded for future reference. To get a YOUR FREE COPY of the PRIMER, ENTER your details here.
Realttorney® 
Thank you for your excellent article on the law for villages like ours. I live in Ayala Hillside Estates, Q.C. and it seems many of the villagers have questions regarding their rights and the rights of the association. Would you know where I can get a copy of R.A. 9904? I would love to disseminate that together with your article to all the villagers.
thank you,
Hi Gregory,
You can get a copy of RA 9904 in the post itself. Just click the “Republic Act No. 9904” the link will open a new window and redirect you to a copy of the law. From that site you can download it.
You may also want to download the Primer on RA 9904 which I prepared. Its less legalistic and much easier to understand for lay people and non-lawyers. The link is at the end of my post.
If you have further questions please give me an email: attyperezii@netscape.net
Happy weekend.
Atty. Jojo
Atty. Jojo:
I am reading your articles every so often. They are excellent and useful for my purposes. I am now a president of our homeowners association in Angeles City, pampanga. Here is one question. Based on the new Magna Carta of Homeowners Associations, the association is managed by a Board of Directors. When does the right of RATIFICATION apply? I understand the power to ratify resides in the general membership. Are the decision/s of the board subject to ratification by the general membershp? If yes, on what ground/s?
Ronaldo Tiotuico
Regional Director
Department of Tourism
Hi Ronaldo,
I’ll answer your question in my next post. In the meantime, I hope the latest post provides meaningful information for a president of a HOA, such as yourself. Warm regards to you.
Atty. Jojo
hello pres teotico,
i live in san mateo in a village for low cost housing that is, the power to ratify depends on what is to ratify, if its only a resolution not contrary to law and in accordance with your by laws, then the board of directors can issue a resolution but if it is a constitution and by laws from which your authority as bod and even your election as bod emenates from, the ratification resides on the people affected by it, meaning your constituents. in our subdivision, the board decided to avoid this by giving out consent forms to members. however there is a loop hole, full disclosure must be observed and you must preside over a gen, assembly and present new by laws as oppose to if you miss one member thru these consent then your process is flawed, and can be questioned. the best way to ratify same is by referendum the casting of a secret vote in acertain day wherein those who did not vote despite the information, may be considered waived on their right to vote.
hope this is helpful regards.
rossman29
Thanks for that useful comment, Rossman29….
Atty. Jojo,
I sure did find your comments very useful for me as president of my association. But there is this issue about the matter of RATIFICATION by the general membership. According to my directors who are attorneys like, the Board is sole sole authority, and not the general membership. What the Board decides, remains. And cannot be brought to the general assembly. The Board’s decision is FINAL? Cannot the members of the Board in a majority rule, decide to bring an issue before the general membership? The supreme authority resides in the people who voted the Board in power, di ba? This is enshrined in the Phil Constitution. Sovereignty resides in the people and all authority emanates from them.
Regards,
Ronnie
Hi Ronaldo,
Sorry for the very delayed reply. Since the HOA is a juridical person (a fictitious person created by law) it can only act through another entity. This entity is the Board of Directors whose members are natural persons (with flesh and bone). It is partly true when others say that the Board is the sole authority in a HOA. However, Section 32, HLURB Resolution No. 770, Series of 2004 and Section 10, RA 9904 contains specific acts that need the approval of the (simple) majority of the members of the Association. Therefore, absent the approval of the majority of the members the enumerated acts of the Board become null and void.
Stated differently, the decision of the Board is often final except for those specific enumerated instances contained in the Articles of Incorporation and By Laws of the HOA, the Rules and Regulations promulgated by HLURB (Resolution No. 770) and those found in existing laws (RA 9904) and jurisprudence.
Ratification of the acts of the Board apply only in the specific instances enumerated by the rules and regulations or by law. Not all actions of the Board need ratification by the majority of members of the Association unless such acts will be presented by the Board for ratification (in this case concurrence) of the members.
I hope this is still helpful to you at this time.
Best regards,
Atty. Jojo
I think Ronnie has a good point, can the villagers undo a contract, aggreement or a motion that the village Board of Directors has voted on and approved? Is this covered under R.A. 9904? I believe it requires a 2/3 majority of the whole village?
Hi Greg,
As I stated in my reply to Ronnie, not all actions of the Board need the approval of the majority of the members of the Association. Corollary to this, not all contracts, agreements entered into by the Board can be subjected to a vote or referendum by the members of the HOA. Only those instances mentioned in the rules and regulations promulgated by the HLURB and in RA 9904 that can be subjected to the mandatory approval of the majority of the members. Generally, there is no 2/3 vote requirement in the governance of HOAs. This is only applicable to corporations existing by virtue of and under the Corporation Code of the Philippines (Batas Pambansa Bilang 68). However, Section 14, RA 9904 states that through a signed petition of 2/3 of the Association members, subject to a verification and validation by the HLURB,the Board of Director of a HOA may be dissolved for causes provided in its By Laws. This is a signed petition and not a vote of 2/3.
Cheers!
Atty. Jojo
Atty. Jojo:
Thank you so much for your reply to my question. I surely appreciate and it is useful for my own purposes as president of the homeowners association.
Ronnie Tiotuico
Angeles City, Pampanga
Atty. Jojo, i only have simple concern. can or may a registered owner or a president of a homeowner can apply and file his candidacy for election on his province? despite he is an active member of certain association in the city? thank you and MORE POWER
Hi there,
Thank you very much for your question. Being a president of a HOA located in a city is not bar to filing a certificate of candidacy for an elective position in the province. If the candidate is lucky enough to win the election then he is faced with a choice whether to give up his position in the HOA or not.
I hope this short reply helped you in a way.
Atty. Jojo
I am working as an administration secretary. I am confused to what will be the action to be taken to the delinquent members of the association. Can you give us choices except for the penalties being charge to their association dues? Is it possible to take a part of the member’s property as payment for the large amount of their dues?
Hi Melanie,
Every member of a HOA has a right and obligation that needs to be explained carefully to determine the consequences of exercising such rights and fulfilling the obligations that come with enjoying such rights.
One of the basic obligations of a member of a HOA is to pay the membership fees, dues and special assessments along with attending meetings of the Association. The duties of the member in a HOA are enumerated in Section 7, Resolution 770 and Section 8, RA 9904. Failure to pay the membership dues makes a member become delinquent or what is called a “member not in good standing”. Now, according to the law [RA 9904], the BY LAWS of the Association should provide for the guidelines and procedures in determining who is a delinquent member. In Section 8, Resolution 770, it is the Board who shall establish such guidelines and procedures in determining who is a member who is not in good standing. In both cases, due process shall be strictly observed.
Hence, I could not give you a suggestion as to what to do with your members who are delinquent (particularly in not paying their dues). The By Laws of the HOA should hold the answer to your question. If there is none, point out this matter to the Board so that they may act on it. In other HOAs, it is provided in their By Laws that the non-payment of the dues become a lien on the property subject to the procedure called for in registering the said lien as mandated by the By Laws.
Read the By Laws of your Association very carefully. They may contain the provisions that you are looking for. Good luck.
Atty. Jojo
I am a new owner of a townhouse in a new subdivision. Presently, the HOA was registered by the developer with SEC and its officers are incorporators of the developer with a Constitution and By-Laws. I would like to know the procedure on how the HOA can be transferred to the real homeowners. I would also like to seek clarification on the following:
1. Is it true that per Real Estate Law, there is a need for the subdivision to be occupied 50% before it can be turned-over to us? The subdivision is projected to house 7,000 units of which 2/3 had been constructed. It had been constructed in 6 phases and 1-4 has been completed. But phases 1-3 is about 90% sold but about 50% occupied. Please give us direction on what to do because we want the HOA to be turned over to us due to the big fees we are contributing monthly.
2. What are the prerequisites for the turn-over and what do we do?
3. The present HOA controlled by the developer has not complied with the provisions of the Constitution and By-Laws, i.e. Annual Meeting, Disclosure of Status of Funds, etc. Due to this, can we form our own HOA and register it with HLURB?
Thanks and best regards.
Dear Atty. Jojo,
I am so glad i happen to search this site of yours and i find it very interesting and informative. I have something to ask, “can the board of directors formulate the parameters or rather conditions of a member in good standing without having to get the 2/3votes of all members and implement it after issuing a board resolution?” The reason i asked is because, we are having our board of directors election and the elecom and board agreed on determining these conditions as a basis for a member to run as board member. the exact thing here is that in order for a member to run as board of director in this coming election, they set conditions on matters of qualification of candidates. And one of the condition setforth is a member should have no outstanding financial obligation to the association; if in case they pay the past dues and obligations, they cannot run until one year has lapsed after the date of payment. Please enlighten me
Hi Alex,
I apologize for the very delayed reply. Typically, when a HOA is registered, its Articles of Incorporation and By Laws, duly approved by the majority of the members of the Association, is given to the HLURB. Now, the By Laws is the operating guide of the HOA. One of the provisions it should contain are the qualifications and numbers that will comprise the Board (See Section 11, RA 9904). However, Section 60 of Resolution 770 provides specific qualifications of a director and officers of the HOA. One of those enumerated by Section 60 is that the member of the Board of Directors should be “a member in good standing”. Moreover, he or she must be an actual resident of the subdivision, housing or relocation project for at least six (6) months as certified by the Association secretary or in default thereof, by a member having personal knowledge thereof; and has not been convicted by final judgment of an offense involving moral turpitude. These are the qualifications listed in Section 60, Resolution 770.
Now, if your By Law does not contain such qualification then the Board of Directors have the power to determine the qualifications of the members of the Board. However, despite saying this, the Board should have this action, in determining the qualification of the members of the Board, approved by a simple majority of the members of the Association considering that the said act of the Board is an amendment to the By Laws of the Association which requires such approval pursuant to Section 15 in relation to the last paragraph of Section 12, RA 9904.
A board member is a position of leadership in the community. Hence, it is typical if the would-be leader would be required to have no outstanding obligation (meaning he dutifully pays his association dues) before he can be considered to seek a position of leadership. The Board would be setting a bad example if some if not all of the members do not pay their dues, or have outstanding and unpaid dues. Also, non-payment of dues makes him or her “a member not in good standing”, which disqualifies him from being voted upon as Director pursuant to Section 60, Resolution 770.
I repeat, if there are other additional qualification that were introduced by the Board aside from those already enumerated in your current By Laws, then the said additional qualification should undergo approval of the members of the Association. The approval is merely a “simple majority” only and not by 2/3 votes of all members. As I stated earlier, in one of my replies, there is no 2/3 vote requirement in the governance of HOAs. It is only in corporation where this is present and required.
I hope that this is still helpful to you at this time. Best wishes.
Atty. Jojo
We just started our homeowner’s assoc here in our place. I just want to know how to register it in securities and exchange comission. What are the requirements and how much is the fee we are going to pay. Thank you very much……..
Hi Juna,
Pursuant to Section 8, RA 9904, registration of HOAs are with the HLURB now and not with the SEC. The documentary requirements for the registration of a HOA are as follows:
1. Articles of Incorporation – signed by all 5 to 15 incorporators on the last page.
2. By-Laws- signed by all 5 to 15 incorporators on the last page.
3. Written Undertaking by the Incorporators – to change the corporate name in the event that another person, firm or entity has acquired a prior right to the use of said name or one similar to it; and to comply with all the rules and regulations of the HLURB.
4. Information Sheet – contains the name of the association, principal office address, list of the members of the board of directors or trustees and their addresses, list of officers and their positions, list of the members of the association.
5. Notarized Certification as to the existence or absence of a HOA in the subdivision, territorial jurisdiction of the HOA, name and address of the nearest existing HOA.
6. Notarized Authorization – written authority of the representative of the association.
7. HOA Tax Identification Number (TIN).
For a better guide to the Rules on Registration of HOAs you can read HLURB Resolution No. R-771, Series of 2004. The fee for the registration of HOA is contained in HLURB Resolution No. R-760, Series of 2004. The Registration of HOA – the examination of the Articles of Incorporation is P650.00; the By-Laws is P650.00; and Books is P200.00. As far as I know these fees are still applicable and there is no increase in the legal fees collected by the HLURB. Maybe they will increase the fees considering that the HLURB has adopted a new 2009 Rules of Procedure effective May 9, 2010.
I hope these informations have been helpful to you and your fellow members in your HOA. Warm regards
Atty. Jojo
Hi there! Thanks for having this article. I’m currently reviewing our HOA’s by-laws and I’m looking at the its Amendment section. During our visit to HLURB, a certain lawyer mentioned that our BOD can actually amend it without having to follow the one-thirds (of the population) quorum because of the magna carta. Did I get her right? Hope to hear from you soon. I’ll definitely be checking more of your site. More power to you.
Regards,
Cris
Hi Atty Jojo,
Is the RA9904 law in effect now?
Thanks,
Rey
Sta Rosa Laguna
Atty. Jojo,
Do I have the right not to pay the monthly due because the association’s officers failed to do their responsibilities of protecting the rights of the neighborhood against loud noise and maintaining the vacant lot? I hire people to clean the area and cut the tall grasses.I intend not to pay the monthly due to refund the amount I spent for cleaning the area. According to our officers, it is my responsibility to clean the vacant lot adjacent to me.
Further, the association rules that the monthly due shall commence on the day of the construction of the house. I was charged monthly dues on the years I was not yet a resident of the subdivision allegedly to maintain and protect my lot. However, I found out that the other vacant lot owners are not being charged the monthly due. Since then, I am not paying the monthly due to refund the amount they charged me and threatened me to file a complaint against me in our barangay. They are forcing me to pay. According to the officers, I should file a complaint to HLURB and make my claim to the previous officers and not to them. But these new group of elected officers are also the same officers and board members of the same association that charged me illegally. Yearly, the association conducts election but we always come up with the same sets of persons to form the board. Am I right in my action? Please enlighten me. Thank you.
Beth
Hi Atty. Jojo,
Your article here were very informative. However, I pardon me if I am still at a loss after reading through the primer and the actual RA. We lived in a gated community here in QC and our TCT has some “restrictions” attached to it referring to a certain document embodied in Annex B attached (but I can not find where it is attached to)and part of Doc. No xxx, Page No xx, Bk. No. XXX, Not Pub Makati XXX..
Now my question is since the common areas (roads and open spaces) were already donated to the city government a long time ago, can I personally opt NOT to join the homeowners association? can I cancel my membership? I lived in the middle of the community/village by the way and have no other access except for the guarded roads. You see I am planning to rebuild my house and turn it into a 5-door apartment that does not in anyway violate the City Building Code and zoning ordinance but they are giving me a hard time.
Hope you can shed light.
Best regards,
Mike
Hi Attyjojo,
I am having difficulty understanding the meaning of this:
“(a) To compel a homeowner to join the association, without
prejudice to the provisions of the deed of restrictions, its
extensions or renewals as approved by the majority vote of the
members or as annotated on the title of the property; the
contract for the purchase of a lot in the subdivision proJect;
or an award under a eMP project or a similar tenurial
arrangement;”
Can you please explain it in layman’s terms? Thank you very much.
Dennis
Binan
Dear Atty. Jojo,
I badly need your help regarding our homeowners association. I’m new here and very disappointed that the village is in a mess. To cut a long story short, our asso was previously registered with sec with the old set of board of directors, after 8 years, finally the quorum was met and the new set of board of directors were elected. As per RA 9904, our asso should register with HLURB so what happens with the previous registration with SEC and the previous set board of directors? Hope to hear from you soon, thanks and Godspeed…
P.S. AFAIK the previous board of directors failed to comply with SEC post registration requirements, this means SEC registration is no longer valid? Thanks.
Good morning, Atty. Jojo! I just have one quick question which I REALLY hope you can answer right away: Can a homeowners’ association prepare its own by-laws GUIDED by HLURB guidelines, or must it follow the HLURB guidelines (e.g., 13) At the ACKNOWLEDGMENT on page 10, place the complete names of all the incorporators with their respective tax identification numbers, community tax certificate numbers, and date/place of issuance; indicate also the number of the pages of the by-laws and the complete name of the association;–this is found under by-laws, which is really specific…”ON PAGE 10″) TO THE LETTER? We thought we had drafted our by-laws specific to our village quite well, but after consultation with HLURB, we find that we don’t even have the number of pages down pat! Ours has only 8 pages. We’re really in a conundrum, especially since we’ve been slaving over the by-laws many nights now, skipping meals, going home late, and sleeping even later. I hope you understand my query. Thanks!
Dear Atty Jojo,
I’m a homeowner and just resigned from our HOA because of the failure of our directors to deliver the basic services in return to the monthly dues which I pay to our HOA particularly safety issues.
In my resignation, I specified my reasons. Grass fire and snakes on the vacant lot neighboring to my property which is 12 lots. Each lot 150 square meters so you can imagine how wide it is. And also stray dogs inside our village. My children nearly died of suffocation due to grassfire. There are snakes in my house
even in my electric meters and switch boxes. 4 months ago my cat fought agains a snake under my machine and fortunately my cat was able to kill it and ate it. Our directors are collecting monthly dues for every lot but are not cutting the grass regularly causing the grass to grow tall higher than me. When they cut they just leave the cut grass in the lot so to let it dry and cause a fire like inferno. And my house is turned into a smokehouse. My nighbors have this bad habit of letting their dogs out on the steets to attack villagers and put dog shits elsewhere. I complained to them but all they can tell me is that the owners are hardheaded. To my disappointment I resigned from our HOA because of frustrations. Three days after while my 12 year old son was biking inside our village with his two friends of almost the same ages when a dog attacked them and the dog nearly got him. But because of panic he crashed on the road,banged his head,skidded and torn his ear and a lot more injuries. The incident ended up with lawsuit against the dog owner who disowned the dog. The directors ordered the security guards to kill the dog. Can I file a lawsuit against our directors for gross negligence considering that until now I’m still paying the exact monthly dues even If I already resigned from our HOA? And also I would like to ask if the new RA9904 or the magna carta is already in effect and if it is when did it take effect?
Yours Truly,
Felix Jr.
Hi Atty Jojo,
My name is Rey, presently i got 1 unit in a new town homes in pasig. So far there are 10 occupant.The developer created homeowner association without electing any officers and collecting us the monthly dues. And other thing the monthly due is about 800/month beside of this townhomes dont have any ammenities. I need to know if this is legal and is there any basis for the amount of the mothly dues?
Regard,
Rey
Sir Jojo,
When can a developer initiate the formation of a homeowners’ association? Is there a number of residents required to formally initiate the association? Thank you.
Hi Sir Jojo,
Our subdivision is new apparently we are not sure whether the developer will turn-over to us the facility to manage the village, that’s why I’m also looking for this very simple question.
just like Bretta, not sure if this is already answered? is there really a required number of residents to have HOA?
or can we as home owners initiate this?
thank you.
roger
Hi Atty. Jojo,
I just would like to ask if you have a format for Articles of Incorporation re: Homeowner’s Association (Condominium). Thanks!
Thank your for the information , really enlightened my knowledge.
KEEP it UP !!!!!
hi Good evening sir,
i just want to know, what is the maximum age for a candidate to run for a board sit in an HOA?
thanks and god bless
Dear Atty. Jojo,
Sect. 28 – Implementing Rules and Regulations of RA 9904 states that the HLURB shall formulate and promulgate in consultation with concerned sectors, the rules and regulations necessary to implement the provisions of this Act within six (6) months of its effectivity. Since RA 9904 was approved and signed into Law by PGMA in January 07, 2010, it is presumed that HLURB had already issued the approved IRR.
Upon browsing from the web, I can only find the DRAFT of the HLURB IRR, hence, I would be very grateful if you can provide me the APPROVED IRR for RA 9904. I need this very urgently, in order that I would be guided accordingly, to settle some disputes/conflicts with the current Board of Directors of our association.
Thank you very much and more power to you.
With my best regards.
Sincerely,
Bert Ungab
Dear Atty. Jojo,
My post asking copy of the APPROVED IRR for RA 9904 was dated December 27, 2010 and December 29, 2010, but yet, four months had already passed, I have not received anything in this regard. How much time will this IRR be approved and consequently officially published. If the IRR cannot be approved then RA 9904 is useless, since we are blind on what rules and regulations are we going to follow.
Trusting you can provide a copy of the APPROVED IRR for RA 9904 the soonest possible time.
Sincerely,
Bert Ungab
Hi Bert,
Please write or email HLURB regarding this. The last time I checked, it was still a draft. A check in the internet will get you to a site that points to a draft IRR.
I am not the primary source of the IRR. It is the HLURB. However, I do thank you for your trust and confidence in me being providing you with relevant and up to date information. Sadly, the delay and the reason for such delay is not within my powers to answer at this time.
Warmest wishes,
Atty. Jojo
Dear Atty. Jojo,
Sect. 28 – Implementing Rules and Regulations of RA 9904 states that the HLURB shall formulate and promulgate in consultation with concerned sectors, the rules and regulations necessary to implement the provisions of this Act within six (6) months of its effectivity. Since RA 9904 was approved and signed into Law by PGMA in January 07, 2010, it is presumed that HLURB had already issued the approved IRR.
Upon browsing from the web, I can only find the DRAFT of the HLURB IRR, hence, I would be very grateful if you can provide me the APPROVED IRR for RA 9904. I need this very urgently, in order that I would be guided accordingly, to settle some disputes/conflicts with the current Board of Directors of our association.
Thank you very much and more power to you.
With my best regards.
Sincerely,
Bert Ungab
Dear Atty. Jojo,
Sect. 28 – Implementing Rules and Regulations of RA 9904 states that the HLURB shall formulate and promulgate in consultation with concerned sectors, the rules and regulations necessary to implement the provisions of this Act within six (6) months of its effectivity. Since RA 9904 was approved and signed into Law by PGMA in January 07, 2010, it is presumed that HLURB had already issued the approved IRR.
Upon browsing from the web, I can only find the DRAFT of the HLURB IRR, hence, I would be very grateful if you can provide me the APPROVED IRR for RA 9904. I need this very urgently, in order that I would be guided accordingly, to settle some disputes/conflicts with the current Board of Directors of our association.
Thank you very much and more power to you.
With my best regards.
Sincerely,
Bert Ungab
Atty Jo,
I was brought to your page when I was searching about the powers, roles and functions of HOA. I live in a subdivision in Pasig called Somerset Place – developed by Duraville. see -http://duraville.com/projects.do?category_id=2615 In the advertisements and when we bought the properties, we were told that first few lots near Gate 1 are assigned as commercial lots – see subdivision plan – http://www.pinoyrealty.com/somerset.htm
Last year, the Developers proposed to already organize an HOA but homeowners resisted because many of the amenities (especially the open spaces and gardens) including commercial amenities have not been completed. Developer also collected fees for Metering (Meralco and Manila/Maynilad Water). Up to now, all residents do not have Manila Water meters but submeters. Meralco meters also took so long a time. In my case, 10 months. Some residents are already 3 years over. I paid total 28K for Meralco and Maynilad/Manila Water connection to developer.
Last month homeowners found out that the lots assigned as commercial space are being taken over by another developer which will develop 3 5-storey residential/commercial buildings – http://www.portobellomansion.com/.
We worry about – security, water distribution, parking and traffic congestion and overall lowered investment value. (our properties have value of over 3M na and this new development will sell units at 900K). There will be 122 residential units in Portobello plus 15 commercial units..
I was reading and saw whether provisions of PD 957 (sections 19, 22 and 27) are applicable.
What is your take in this? Thanks
We want to know if the lot owner in the sub division is allowed to be officer of the association.
Dear Atty Jojo;
What do you mean by simple majority?
thks
hello!
i have a very simple question. Is it possible not join to our homeowners association or participate in any homeassociation affairs will it give me the right not to pay the monthly dues?
Hi Leonor,
First, please determine if, by virtue of buying a house and lot in the subdivision project you live in, you automatically become a member of the homeowners’ association. Typically, this is the case although membership in a HOA is voluntary according to RA 9904. If you do not pay monthly dues, any service provided by the HOA to its members will be withheld from you. For example, if they have a garbage collection system then the HOA will not pick up your garbage from outside your house. Or, if the HOA is the entity which supplies potable water in your village then they may withhold such service as well. Determine which services are provided by your HOA and ask yourself if you can live without those services to justify not paying the monthly dues.
The nature of a HOA is to have a governing body to service the needs of a particular community. If you are having trouble with the officers of the HOA then you may file a compliant against the erring officials at the HLURB.
I hope this enlightened you. Best regards.
Atty. Jojo
Sir,
Have a good day I’m one of the directors of a Homeownres Association here in Caloocan City last week I go the the RDO office of BIR Caloocan to get a TIN Number of our Homeownres Association and together in my hands our Certificate of registration from HLURB but nthe BIR RDO Office advice me to register our association at the SEC because it is the requirement according to the BIR Office Ill go to SEC To register our Association but the SEC did not accept us they said that our association is under the HLURB therefore our HOA is already registered ,My question is why the BIR RDO Caloocan advice me to go to SEC ? How we can get our TIN Number Thank you very much
Under the RA 9904, all registration of Homeowners’ Associations are to be done by the HLURB. I commiserate with your predicament for having to deal with a BIR official who does not know the law concerning MOA. Kindly write the Office of the Commissioner of BIR and report the ignorance of the personnel at the RDO of BIR Caloocan and at the same time ask for a TIN for your HOA. There is an action center at the BIR main office in Quezon City who will be glad to assist your efforts to acquire a TIN for your HOA.
Good luck!
Atty. Jojo
Maraming homeowners sa aming lugar ay hindi nagbabayad ng kanila monthly dues. Karamihang kadahilanan ng ibang miyembro ay ang mga sumususunod:
1. Ang resibong ini-issue ay walang BIR TIN.
2. Questionable ang registration at hindi updated ang by-laws.
Ito po ang tugon ng Presidente ng aming HOA: (names withheld)
” Na tungkol naman sa sinasabing hindi updated ang by-laws ng association, hindi lang nagkaroon ng yearly report magmula noong nairegister ito noon August 27, 1999 with Registry No. 04-111 na kung saan ay si Mr. XXXXXX pa ang Presidente at ang Secretary ay ang kasalukuyang Presidente na si Mrs.YYYYYYY kaya lumaki ng lumaki ang penalty ng association sa HLURB. Sa kasalukuyan, inaayos ng pamunuan ang reportorial requirements ng HLURB.”
Kung ganito po ang sitwasyon paano malalaman kung magkano ang nalilikom na pera at paano ito ginagasta.
Ayaw maglabas ng dokumento ng nakaupong Presidente lalo’t pagtinatanong makatwiran po ba na ipaskil nya sa harapan ng gate ang mga pangalan ng mga myembrong delinquent at nagrereklamo?
Puede po ba silang kasuhan at mag refund kung hindi po legal ang kanilang pangongolekta?
Ginoo,
Maraming salamat sa inyong pagtatanong. Ito po ang aking tugon sa marami ninyong katanungan.
Una, dapat pong magparehistro ang HOA ninyo sa BIR, para makapag issue sila ng BIR-registered official receipt. Ang mga dokumentong ibibigay sa BIR ay kailangan alamin sa kanilang tanggapan. Kailangan ng resibo upang malaman ninyo kung magkano ang koleksyon ng HOA sa kasa buwan at malalaman ninyo kung ito ay sapat sa panggastos sa pangangailangan ng inyong HOA — kuryente, tubig, pasahod sa mga empleyado, office supplies at iba pa.
Bilang miyembro ng HOA, kayo ay may karapatan na pumunta sa HLURB upang siguruhin kung talaga nga bang nilalakad na ng inyong pamunuan ang mga “deficiencies” ng inyong HOA sa HLURB. Paki sigurado ninyo kung talagang isinasaayos na ng bagong pamunuan ng inyong HOA ang dating mga pagkukulang ng nakaraang pamunuan sa HLURB.
Makatuwiran po na ipaskel ang pangalan ng mga hindi nagbabayad na miyembro. Ngunit dapat may official receipt na ibibigay sa mga nagbabayad ng dues, para masigurado na sa kaban ng HOA napupunta ang pera.
Pwede ho ninyong kasuhan ng kasong kriminal ang mga tiwaling opisyales ng inyong HOA kung hindi legal ang kanilang pangongolekta
Sana po ay nakatulong ako sa inyong suliranin sa inyong lugar.
Lubos na gumagalang,
Atty. Jojo
can a person with pending case at the fiscal/prosecutor’s office run for president of a certain home owner’s association? we are at the NHA project at Rodriguez, Rizal, is it legal to distribute certain membeship form without any home owner association yet??
Hi Ricardo,
Under our legal system, a person is presumed innocent until proven guilty. Therefore, until a person is convicted by final judgment of a crime he or she can seek the position of President in a HOA.
The distribution of the membership form may be a prelude to setting up a HOA. Or it could be a membership form for a different civic or political organization not necessarily a HOA. Kindly read the content of the form for your information. Thanks for posting your question
Atty. Jojo
May i know what reliefs can members of a homeowner’s association have against a member of the HA board of director who was at the same time the village manager who uses HA money on the pretext of paying HA expenses but did not submit any papers or receipts or liquidation?
Our By-Law says members of the board shall not receive any salary but he collects Php12,000/mo. as village manager compensation. He did not want the members to know about this.
The same person on his own, banned the consultant of the subdivision’s developer as persona non grata; and fired one of the maintenance crew without any resolution from the board just because they have personal issues? I used the past tense because this person recently resigned fron the Board.
Because of this all members of the Board were sued by the developer; and the association is facing a labor dispute, thus putting the association in added financial bind.
Any advise would be greatly appreciated. Thank you.
Hi Ms. Lilia,
Your problem is complicated because the person who caused all the trouble for the HOA is now resigned. Maybe he or she knew that the developer would be suing that is why he or she opted to resign. But the question on my mind was how could this person have gotten away with violating your rules without being sanctioned by the Board. This you must ask your Board members.
If you find more anomalies in the actions of your Board then please consult your By-Laws on how you (the members of the HOA) can unseat and replace the current members of the Board. Any further enforcement of the provisions of the By-Laws would need action from the HLURB. It is best to consult a lawyer after reading the remedies provided in your By-Laws. Furthermore, the lawyer would know what is best on how to deal with the troublemaker-former member of the board also.
Good luck.
Atty. Jojo
First I would like to thank you for your response. Second I have another question/comments – 1. The Board, to my mind, just let this person have his way because: since this is a small community, everybody knows everybody and all are friends; he has a strong character; he intimidates the other members by bringing with him a gun and when he is annoyed or angry he shows the gun to everybody in the clubhouse office;
2. The association has also a case with HLURB against our developer.
3. The lawyer of the HOA is also the personal lawyer of this trouble-maker. Infact this lawyer was his recomendation.
4. When I suggested for the HOA to hire another lawyer, one of the board of directors replied that they were advised by a lawyer to retain this person’s lawyer
as lawyer of the association because he has started the case with the HLURB against the developer. Or could be because of professional ethics?
Our case is truly complicated, any advice would be appreciated. Thank you so much.
Hi Ms. Lilia,
The service of a lawyer is based on the trust and confidence of the client — your HOA in this case. If they do not want to change then you cannot do anything about until you get a majority of the Board members of the HOA to see it your way and stand up against the abusive individual in your community.
If the services of your HOA has been deteriorating then you can lodge a complaint against the Board at the HLURB. Good luck.
Atty. Jojo
May i know what reliefs can members of a homeowner’s association have against a member of the HA board of director who was at the same time the village manager who uses HA money on the pretext of paying HA expenses but did not submit any papers or receipts or liquidation?
Our By-Law says members of the board shall not receive any salary but he collects Php12,000/mo. as village manager compensation. He did not want the members to know about this.
The same person on his own, banned the consultant of the subdivision’s developer as persona non grata; and fired one of the maintenance crew without any resolution from the board just because they have personal issues? I used the past tense because this person recently resigned fron the Board.
Because of this all members of the Board were sued by the developer; and the association is facing a labor dispute, thus putting the association in added financial bind.
Any advise would be greatly appreciated. Thank you.
Hi Charmed920,
It seems you have the same problem with that of Ms. Lilia Canedo. Kindly refer to my reply to her query.
Warm regards,
Atty. Jojo
Please reply to my queries above dated May 17, 2011. Thank you.
Dear Atty.Jojo:
Hello! Atty.Jojo, ako po ang dating Secretary nang LEMENS VILLAGE HOMEOWNERS ASSOCIATION, Mabiga,Mabalacat,Pampanga. At ngayon ako po ang nahirang na Presidente for this year 2011. Ang problem po namin ngayon,mula nang 1984 na naging subdivision ang Lemens Village ay hindi po nasimentuhan ang mga daan hanggang ngayon at patay na ang devloper na si Mrs.Trinida Cunanan. Wala rin pong Completion of Certification. Ang mga titles po nang aming mga roadlots ay wala po ang pinakahulina may TCT No.125321-R. Nagverify napo kami sa RD Angeles, wala po silang record na ganiyang TCT No.125321. Hindi rin po pinagbabayad nang Real property Tax ang mga nasabing road lots. Last year , nagpassed po kami nang resolution sa Mabalacat Sangguinang bayan para ideklara nang abandonment, ngunit hindi po makapag aktion ang Sangguinian bayan. Gusto po naming maturnaover ang mga roadlots sa Local Gove’t upang makonkreto ang aming mga daan. Ang mga heirs nang yumaong Trinidad Cunanan ay willing silang idonate ang mga road lots, ang problema po wala silang mga titulo at hindi nila alam ang mga naiwanang mga papeles. Ano po kaya ang magandan solution para makuha nang Local Gov’t ang mga road lots, pwede ho bang isekwestered ang mga ito? araming salamat po Atty Jojo. More Power and God Bless! Rene”BOY” Bautista Sr.
Hi Boy,
Maraming salamat sa inyong pag email. Medyo kumplikado ang inyong problema. Ganito po ang inyong gawain.
Una, para malaman ninyo kung may approved subdivision plan ang inyong Village ay magtungo ho kayo sa opisina ng DENR Region III. Humingi kayo ng kopya ng nasabing approved subdivision plan. Duon ninyo malalaman kung anong numero ng road lot at kung ilan ang road lots na idodonate sa LGU.
Pangalawa, magtungo kayo sa Opisina ng Assessor sa Mabalacat upang malaman kung ang kalsada ng inyong village ay nakapangalan sa “Trinidad Cunanan” dahil kung hindi ito nakapangalan sa kanya ay ang magdodonate po ng mga kalsada ay kung sino ang nakasaad sa tax declaration. [Dapat ho may tax declaration yung Road Lot.] Ang Tax Declaration sa Road Lot ay nakasaad kung anong titulo (TCT) ang sumasakop dito.
Kung wala hong titulo yung mga Road Lots ay malaking kababalaghan ho iyon. Dapat ho lahat ng mga lote na naibenta na at mga hindi pa nabebenta o hindi pwedeng ibenta ay may sariling titulo. Magtanong ho kayo sa RD base sa impormasyon na inyong nakuha sa Assessor’s Office. Kapag nakuha na ninyo ang kopya ng titulo pwede na ninyong ihanda ang mga papeles na maglilipat ng inyong mga Road Lots sa pag-aari ng LGU.
Good luck po.
Atty. Jojo
Hi Atty Jojo, do you have list of duties and responsibilities of a grievance committee of an Homeowners Association? What disputes are taken up before it? May I have a copy? Thank you.
Hi Ms. Lilia,
Typically, the duties and responsibilities of the Grievance Committee of a HOA is written in the By-Laws of the HOA. Kindly check it first. If there is no provision for the creation of the Grievance Committee then check your By-Laws of the provisions on how to have such a Committee created. Your By-Laws are your guide to everything that happens and can happen in your HOA.
I am aware of Section 41 of HLURB Resolution No. 770, Series of 2004 [Framework for Governance of Homeowners Association] which mandates all Boards of Directors of HOAs to “constitute a Grievance Committee that shall resolve disputes between and among members of the association or the board; or between members of the Association and the board or any of its members and officers.” Kindly click on the link above to read a copy of the said Section.
Atty. Jojo
I filed a case before HLURB against the developer of our subdivision where I live. The case is for deliverance of land title for for refund, which the developer failed to deliver to me because such TCT was used as a security of their bank loan which they failed to repay. This developer filed for rehabilitation. Its been months already and I am just waiting for HLURB Resolution of the case. My question is – can I follow-up HLURB for early resolution without them getting annoyed? Thank yo.
Hi Ms. Lilia,
It is your right to follow your case with the HLURB. Kindly get the name of the person you are talking to so that you can look for him/her when you do constant follow ups. They should not get annoyed because it is their job to attend to your needs being a front-line government agency.
However, please take note that HLURB is one of the government agencies that are severely understaffed. Hence, things get to be bogged down. So, I suggest that you follow up every 2 weeks or so to take into consideration the fact that the Arbiters there swimming in a mountain of cases that is equally as important as yours. Good luck.
Atty. Jojo
P.S. corrections above “The case is for deliverance of land title for for refund: should be “or” for refund.
Dear Atty. Jojo, thank you so much for the advice and information. I really appreciate it.
Thank you.
Lcanedo
Dear Ms. Lilia,
You’re welcome. It’s been a pleasure. By the way, I already have my own website. Please visit and leave your comments at http://www.realttorney.com.
Have a great weekend.
Atty. Jojo
Dear Atty Jojo,
Maynilad is about to enter our village and all homeowners in our village are excited. Our village is a “gated community”. Being so, we are told to pay for the right of way and pipe laying costs which is Php 33,500 per homeowner. This will be paid in equal installments for a period of five years. This amount is nothing to some homeowners but a burden to others. Is this legal? If it is, how can we convince Maynilad to pay for their pipe laying cost? Said pipes are necessary for them to sell their product.
Thank you.
Hi Art,
Being the concessionaire of MWSS for the West zone, Maynilad has the obligation to provide clear water to its service area. What this means is that all consumers will have to get water from Maynilad.
If your Village has the capacity to extract water on its own and distribute it to all the homeowners (provided that the HOA has the necessary permit from the NWRB) then your Village may do so but Maynilad will be putting a meter in the pumps and will charge you accordingly for the water that is extracted.
You have no choice but to deal with Maynilad. And this is all legal. I do not know how you can convince Maynilad to pay for the pipe laying cost. Most likely, your village (and the homeowners) will be sharing the cost for the pipe-laying. Good luck with your negotiations.
Atty. Jojo
Without intending to preempt Atty. Jojo, I feel that the problem of Mr. Art Dacuba is one involving the HOA and Maynilad (on pipe-laying cost). I surmise that the reason why Maynilad is asking the HOA to pay for the cost is that there is not enough number of households (paying water bills) to cover the entire cost of pipe-laying. This is entirely legal but morally wrong since the amount of investment of Maynilad would eventually be covered by the bills paid monthly no matter how small they are in number.
Here I am again, Atty. Jojo, Ronnie Tiotuico here. I am the president of a HOA in Angeles City. Recently, we received a proposal from a Korean businessman wanting to renovate our existing dilapidated clubhouse in the open space and establish a restaurant thereat. Our Board approved the proposal for reason that we will have a newly renovated building plus a restaurant to be patronized by homeowners and the general public. Can you please tell me how we can pursue this proposal? Do we need an approval from the developer of the subdivision (who have not donated the open space and the clubhouse to HOA)? Do we need the approval from HLURB and the city government to finalize the proposal? What if the developer refuses to grant its approval? Can we proceed and instead seek permission from the mayor considering that open spaces are public domain? The members of the HOA have already unanimously given their consent to the Korean’s proposal in a referendum. Thank you for your response.
Hi Ronnie,
Let’s take it one step at a time. The first question is why hasn’t the developer transferred title to the open spaces and the clubhouse (a community facility) to the HOA? Since the club house is dilapidated then I assume that the village has already been completed for more than 5 years.
If there was proper turnover then all you need is a board resolution from the HOA Board to implement the renovation. You do not need the approval of the HLURB and the LGU. However, the non-turnover of the community facilities to the HOA complicates matters for you.
Talk with the developer and ask them why they have not turned over the open spaces and community facilities to the HOA. I hope the developer gives you a good answer. Good luck.
Atty. Jojo
Atty. Jojo, you are right. The non-turnover of the open space and community facilities complicates matters for the HOA board. Do I get you right that the developer is obligated by law to turnover the open space and facilities to the HOA? or to the LGU? If the developer fails to effect the turnover in spite of repeated demands, what course of action can the HOA take? Do we go to HLURB to take action? Thanks. Ronnie
Hi Ronnie,
I have a new website (www.realttorney.com). Please visit the said site for your future comments. Thanks.
If the developer is already finished developing the subdivision project then they are obliged to turnover all open spaces and community facilities to the HOA. If the developer refuses to turnover these things, in spite of the fact of full and complete development of the project, then the HOA has a course of action against the developer.
Best of luck on your course of action. Don’t forget to visit my new website. Thanks again.
Atty. Jojo
Atty jojo
tanung lang po kung makatwiran po ba na ipadlock ang main gate ng 10:00pm hanggang 5:00am at kung di ka magbabayad ng monthly dues or me kulang kapa ay di ka nila bibigyan ng duplicate na susi … paano po kaya kung may emegency na kailangan itakbo sa ospital ng disoras ng gabi di po kami makakalabas ng village dahil naka padlock at kung makauwi namn po kmi ng disoras na o past 10 na di namn po kami makakapsok hintayin po namin mag 5am bago kami makauwi tama po ba ang pamamalakad nila… at ano po ba palatandaan ng resibo n registered sa BIR salamat po sa napakalaking kaalaman na naibibigay nyo more power po.
Hi Michael,
The situation you are currently experiencing with your HOA is harsh and illegal. Kindly report the matter to the HLURB for proper action on the matter. You will have to make a complaint against the Board of your HOA and the individual who is implementing such a policy.
Good luck!
Atty. Jojo
Was is the limit of the association dues increase?
Hi Elizabeth,
Under RA 9904, there is no mention of the any limit in the increase of association dues and how frequent it can be done by the Board of a HOA.
Please read the By Laws of your HOA and see there if such a provision regarding the limit in the increase of association dues exists. If it does, then it must be followed accordingly by your Board. Otherwise, a case can be filed against them by you or any complaining homeowner.
Atty. Jojo
GD PM ATTY. JOJO,
IF HOA BOARD OF DIRECTORS DOES NOT HAVE ANY NWRB PERMIT SINCE THE 90s UP TO PRESENT THE HOA BOARD OF DIRECTOR HAVE REFUSE TO REGISTER OUR WATER SYSTEM, WITH NWRB 4 TIMES ORDER CDO AGAINST OUR HOA BOARD OF DIRECTORS. WHEREIN THE MAYNILAD WATER SERVICE HAVE AGREED WITH HOA BOARD OF DIRECTORS ON BULK SALES AND THAT THE HUGE CHARGE ON WATER BILLING HAVE INCREASE AND MONTHLY BILLING US WITH ENVIRONMENT AND DISTRIBUTION CHARGE OF MORE THAN 300 PERCENT AND PLUS THE 12 VAT. WE ARE ASKING IF THE CHARGE OF PRICE MANIPULATION AND PROFITEERING UNDER THE RA 7581 PRICE ACT. OUR WATER CONTRACT COPIES WERE NOT RETURN TO US AND THE MAYNILAD WATER SERVICE INC. CONTRACT WAS NOT EVEN GIVEN TO US. A TENANT WHO HAVE RENTED A HOUSE HERE IS CHARGE SEPARATE WATER RATE MONTHLY. THE WATER IS A BASIC NECESSITY SO THIS IS A VIOLATION UNDER THE RA 7581 PRICE ACT LAW.
THANK YOU,
JOE
Hi Joe,
I have a new website (www.realttorney.com). Please visit the said site for your future comments. Thanks.
If your HOA has no permit from the NWRB then your HOA is operating an illegal water system in your subdivision. The NWRB has the right to issue the CDO against your water distribution system.
RA 7581 covers basic food necessities. I believe that it does not cover “water” as a commodity. So your premise is incorrect. The price of your water in the past was artificially low because the HOA did not get a permit from the NWRB which sets a tariff on the water that is drawn by your pumps in the subdivision. The Maynilad entry into your subdivision should be properly presented to all members of the HOA so that the pricing is explained to the consumers-homeowners.
Now if you think that there is price manipulation and profiteering between Maynilad and the HOA board then you can file a complaint against the erring parties with the NWRB, MWSS or the proper courts of law. Your lawyer will know what to do.
I wish you all the best.
Atty. Jojo
For one, the imposition of a price ceiling is
called for since prices have already risen to
unreasonable levels for a long time now. In fact,
a price rollback on a number of commodities
and services should also be implemented, such
as oil, rice, water and power rates.
The never-ending increase in the prices of
petroleum products is eroding the people’s
income and is thus intensifying poverty in the
country. Household petroleum products such as
liquefied petroleum gas (LPG) and kerosene
should be covered by the Price Act as basic
necessities and their prices stabilized.
This is Charlotte…
Ask ko lang po atty. jojo, dito po sa summerpointe country homes subd. along daang hari, aguinaldo hiway. May HOA po kami but hindi namin alam kung legal na sya. Before nangolekta sila ng monthly dues worth 150php. Walang resibo for 2 months… so nagtaka ako… nagverify ako sa BIR kung valid ba yung tin number nila without issuing receipt. BIR told me, nairefund ko. Nyung kinuha ko yung money… Pinag-iinitan na kmi dito sa subd. so this july 19 bumalik sila to inform me na mayron na silang resibo at certificate of registration #14796 sa HLURB na nakafiled sa Calamba Laguna. Valid na po ba iyon para magbayad ng monthly dues???? January 2011 kasi nagstart sila mangolekta ng monthly dues. Ininform lang ako na nagkaroon na sila ng reciept at cor ngyon month lang. Sinisingil kami ng mataas. 1,050php for 7 months… tama ba yun? eh wala na mang improvement at yung ibang neighbors nmin hindi na nagbabayad. Dapat ba mgbayad kami? o 150php lang??? valid po ba association po ba nila?
Need your help.
Hi Charlotte,
I have a new website (www.realttorney.com). Please visit the said site for your future comments. Thanks.
Now, the Regional office of the HLURB is located in Calamba City. Look for the contact number of the Calamba office of HLURB in the internet and give them a call to verify the Certificate of Registration (COR) number that was given to you by the HOA. Also, please also verify the TIN indicated in the O.R. of your HOA with the BIR in Trece Martires City.
The official start of the collection of monthly due should begin only after the COR was issued by the HLURB. The reason for this is this is the only time that the HOA was official in existence. Now, the monthly dues should be covered by a Board Resolution of your HOA Board to inform all members of the HOA that the said amount is made official. If the Board of the HOA approved a P150/month due then it should be followed by every member.
If you have any grievance, you can refer the matter to the HLURB in Calamba. Best of luck!!
Atty. Jojo
atty. jojo,
our hoa board of directors charge us environmental and 12 vat and upward adjustment charges 1,000.00 and distribution charges 600.00., but current bill is only 800.00 still questionable due to water meter is not registered and has not been calibrated by nwrb and no water meter seal. today they are charging more than 5,000.00 in total FOR ONE MONTH . IS THAT ENOUGH EVIDENCE TO FILE A CASE OF PRICE MANIPULATION OR PROFITEERING under 7581 price act.
joe
Hi Joe,
I encourage you to consult with a lawyer and present to him/her all the documents that you think will prove your case of price manipulation. It would be unfair for me to give a detailed advise here without see any and all documents related to your complaint. Furthermore, I already indicated before that the Price Act does not cover water as a basic necessity.
However, I may be wrong that is why you should consult with a lawyer immediately to help you sort out the issues you raised. Have a pleasant day.
Atty. Jojo
good day to you, atty. jojo. I have concerns with one of the homeowners in our subdivision. the developer restricts the homeowners from selling barbecues as it cause smokes. our neighbor despite having their water cut for violation of the deed of restrictions continue to sell. in fact, they just fetch water outside the subdivision. another problem they have cause is they always play music very loud that our unit will vibrate (we live in a townhouse). the security guards and the developers was not able to punish our neighbor. thus, i am asking to help me where i could go for help to stop this neighbor of mine. your reply would greatly help a lot. thank you very much.
Hi Annabel,
Please see my reply to your query at my website: http://www.realttorney.com. Just click on this link:
Have a great day.
Hi Attyjojo,
Our subdivision developer, registered our HOA with HLURB with people from developer as the HOA officials there was no election from the real homeowners. Last July 2011 they sent us a letter to start paying the monthly HOA dues back billing all homeowners from the date of move in (those who move in earlier got huge amount of bills eq: 40k and above) .
May I ask when can a HOA start billing for dues? Would this be after developer do the turn over to the actual elected HOA officers ? Can they do the turn over if there are only around 20% of homeowners? The subdivision is not yet fully developed, a lot of us are still on Meralco submeters because there are no Meralco post installation yet in the big part of the subdivision. We can’t possibly maintain the subdivision if there are only few residences that will pay dues.
I tried to search for an answer to this question in the HLURB Q&A but can’t find one and there are a lot of similar inquiries here so I think HLURB should include this topic in their Q&A so people will be guided and not ask repeated questions. It there is a rule from HLURB related to this issue, kindly send me the link.
Thanks and hoping for your reply.
Omar
Good day! Atty Jojo, you have indeed designed the very useful and informative article..have read them.
I wish to request your legal stand on these issues:
1. To whom should the developer turnover the recreational areas, vacant spaces, amenities, etc? to HOA or to LGU?
2. LGU through the barangay had constructed a public school inside our private subd without the approval of the board nor the homeowners consulted. It was the insistence of LGU and the barangay because they alleged that vacant spaces form part of the property of LGU, thus, they have the power to do what they want as if the property is a public domain. Is this claim legally correct? I understand there was a case decided by the supreme court that the barangay has no power nor the authority to interfere on the affairs of the association. Only the association has the exclusive power and authority to manage its overall business.
RA9904 protects the HO and HOA against the loss of privacy, security, safety and tranquility. Having a public school inside a private subd will never guarantee this protection… Can a case be successfully filed. Please enlighten us. Thanks and God bls
We are new registered HOA(2010) of our subdivision. Last year when register our HOA, we registered Phase I, 2 and 3 but the HLURB told us that since the Phase 2 and 3 is still on going, meaning being level-in, we cannot include it in our registration, so, HLURB scratched the Phase 2 and 3 in our registration.
Then, we were given the right to be registered.
Now, there are residents in Phase 2, we solicit residents of Phase 2 if they want to join us in the HOA, well majority of them agreed/signed in the affidavit we called Affidavit of Membership, notarized and submitted to HLRUB. Now, the developer insisted with some residents that they have a different Certificate to Sell so that we can not include residents of Phase 2 to our HOA.
The developer keep on insisting that we different(Phase 1) and that we let the Phase 2 people to form their own HOA, but the point is, we already have affidavit of residents from phase 2 that they are willing to join us. As a matter of fact, we called an assembly with phase 2 and they agreed to join us, and already paid they membership fee to us and monthly due effective August 2011. We also sought the advise of our Barangay Chairman and he said to the assembly we had, that he will not allow as of now, to form another HOA. FYI – residents of Phase 2 is around 80, 35 paid their Membership Fee, and in the affidavit around 50 signed it.
The developer is the one pushing to form another HOA for Phase 2, even financing the registration etc.
Majority of the residents of Phase 2 are with us.
What we should do?
Thank you and more power!
Legrev
Greetings Atty Jojo,
Just found your site and I would like to let you know what a blessing it is for us.
I have a question, regarding intervention of NHA our originator to our HOA affairs. DO NHA being an originator has the authority / power to intervene in our HOA internal affairs. Can you explain the role of originators like NHA in an HOA under CMP.
Thanks,
Bert
Good day Atty. Jojo. We currently live in a subdivision. When our house was first built, there was no contract nor any annotation in the land title regarding membership in the homeowners association. The house was built in 1971.
Fast forward to the year 2000. On or around this time the homeowners association was formed but we still did not join nor did we sign anything that we joined.
Now the homeowners association is threatening legal action for non payment of association dues. On top of the outstanding balance of the account, they are charging 4% monthly interest. They said they will encumber our property against the amount owed.
Is what they are doing legal?
Atty. Jojo,
Good Day!
I have a two concerns, first I bought lot in a subdivision last september 2009 on cash basis, but until now there is No Title from the developer. They said the tax declaration is still on process for the subdivided title. My question is, how long should be the process that the developer should provide title to a buyer? last concern, I bought only LOT in that subdivision and I am paying a monthly dues regularly since year 2010. My question now is, can I cancel my monthly dues because i purchased only LOT and i dont have even build a house.
Have a nice day
Andrew
Nakabili po kami ng lupa pero di pa namin pinatatayuan ng bahay. Yung mga HOA ay sumisingil na po sila ng monthly dues mula pa nung Setyembre ngayong taon. Kailangan po ba namin magbayad?
just wanna ask, kelangan p bang magbayad ng monthly dues kahit fully paid n kmi s lot?tsaka dapat b talagang sumali kmi sa homeowners? ok lng ba if hndi n lng kmi sasali?at para saan po ba ang monthly dues?kasi po yong presidente ng ass.at may ari dn ng lot eh kinukulit kmi at dapat n magpaagawa ng idd kasi di n daw mkakapasok ang walang id.hindi pa nmn po gaanong develope yong lugar.nagbigay p sila ng deadline. ano po bang dapat gawin.thanks.
Hi Atty. Jojo,
We are newly organized HOA somewhere in Bacolod City. Since our subdivision is quite big, during our pre-organizational assemblies, we decided to divide our subdivision into 5 clusters under one HOA. Each cluster would have an average of 11 blocks. We also designed our own Constitution and By Laws. Some sort of a parliamentary form. Clusters elects 2 leaders who become automatically members of the Board. The Board shall elect among themselves the Officers, including the President. Meaning we do not elect our President and Officers at large. This was discussed in the assembly and was duly ratified by a unanimous vote.
The wisdom behind this HOA structure are the ff:
1, We are assured that each cluster will have equal representation before the board.
2. We are assured that each HOA officer possesses the qualities of being a leader and is respected in his own Cluster, including the President whose position is very important.
3. Cluster Association members will have direct voice to the Board (on the presumption that each cluster may have varied concerns).
The problem is the HLURB Region VI insists that our structure is not in accordance with RA 9904 and the IRR. I read the entire law and the IRR, and I could not find ANY RECOMMENDED STRUCTURE OF HOA.
My view is that each HOA can design their own structure incorporated in its Const. and By Laws, provided that essential requirements of the law (RA 9904) are clearly spelled out like rights, duties, elections, manner of elections, etc. etc.
What is your view on this? And how can we finally force HLURB to incorporate us.
Many thanks. If you can spare your time, please send your opinion also to my email add: bluesride2011@gmail.com
John
Atty Jojo,
Good Day!!
Well I have this concern, Does the Home Owners Ass. have the right to have a MOA with a government official, even without the members knowing it?
Atty. Jojo,
If the developer of a subdivision refuses to official turnover the title and ownership of the open space to the duly constituted homeowners association, what course of action can the latter take? Legal action?
Is it possible for a husband or wife of a member to run as an officer of a homeowner’s association?
Atty Jojo
here at our village most of our neighbor when celebrating for example birthdays and others they use video oke from the time of preparation lets say 4 pm until 2 am sometimes 4am and we cant sleep because of the loud sound and shouting my question was what is the time limit in the law to celebrate using videoke and drinking in a village … the association doesnt seem to care please help me the proper and legal action … more power to you
Hi Attorney Jojo, I have several questions:
1. Is HOA required to get a business permit? If positive, is it also required to pay the city tax based on gross income?;
2. Is HOA also required to file tax return on April 15?;
3. Is HOA required to file and pay Annual Registration with BIR, (BIR Form 0605)?;
4. Is it also required to have their acctg books stamped by BIR? Is this not superfluous since HLURB also requires HOA to have their ledger and journal books stamped by their office?
5. Lastly, can the President and VP of HOA also be the Election Committee chairman and Nominating Committee chairman, respectively? This is not categorically prohibited in our By-Laws.
FYI for questions # 3 & 4 above, our HOA received notice of violation.
Would appreciate early reply. Thank you so much.
Good Day, Atty Jojo,
I bought a property here in Dasmarinas, Cavite an exclusve subdivision wherein there is deed of restrictions that suit my requirements. I was also encourage to buy because of their mission, vision. and on the brochure it says “quietude”. This promises are not true because the community is not like that, neighbors of mine and on the other street of the subdivision has violated the deed of resrtictions for example they are engaging in some commercial activities inside their house like sari sari store and mini carinderia and all the construction workers of this developer kept on coming to their house. so many commercial activities arises on this subdivision but according to their deed of restrictions it is not allowed because this subdivision is only for residential purposes. I would like to ask this question.. Does the developer is no longer liable to implement the Deed of Restrictions because this subdivision has it’s Homeowners Association? Does this HOA has the jurisdiction to implement this deed of restrictions? Because the HOA in our subdivision with it’s Board of Directors cannot do something about this, this people who are violating the deed of restrictions says they are just like us homeowners. So they are not afraid to violate the law. It is now affecting my privacy, the dream house that we choose is no longer a dream house it such a nightmare. In spite of all the email letters that I sent to the developer making such complaint they don’t have the guts to implement it. Do i have the right to file such complaint to HLURB against this developer as they are only after selling the house but after that promises that they made is just like a bubbles. I hope and pray that you can give me details on what to to do regarding this matter. as I am really depressed on what to do. Thank you very much and God Bless.
Dear Atty. Jojo,
We used to pass by private subdivision and a lot of different subdvision is using this private subdivision too. This private subdivision offers vehicle sticker to all by-passers subdivision by charging P400 per year. I bought one sticker for my car, and recently they refuse my motorcycle to pass by on their roads and implementing motorcycle sticker for another P200. I think this subdivision is abusing their authority by charging excessive cost of vehicle sticker plus they are requiring another sticker for motorcycle. Progressive and first class home owner association in Makati is only charging P150 for sticker to think this subdivision has better road conditions while the private subdivision I mentioned is only 4th to 5th class category. I can easily understand if they charge to much if you can see roads improvement, but for my 5 years utilizing their road I never seen signifcant road improvements. To cut the story short, what government agency can regulate abusive home owner’s association? Local Municipality office or HLURB?
Thank you
magandang araw po
ako po ay nakatira sa ponte verde subd. cupang antipolo city, ako po ay nagpatayo dito ng bahay noong 2008, noong panahon na po iyon ay meron na pong existing na hoa sa aming subd ngunit ako po ay hindi nagpamember dahil sa pansarili ko pong kagustuhan dahil ang pananaw ko po ito ay dagdag lamang sa aming gastos. ako po ay walang trabaho at mana lang po ang ipinangpatayo ko ng aking bahay.. ngayon po nitong nakaraan ay nilapitan po ako ng treasurer ng hoa at ako po ay tinanong kung paano daw po ako nkapagpatayo ng bahy ng walang clearance nila pero noong panahon po na yun ay hindirequired na kumuha ng hoa clearance sapagkat hindi naman ako nito hinanapan s abarangay at sa munisipyo, sa madaling sabi ay napatayo ko po ang bahay ko ng walang pagpapamember at clearance s kanila na sa aking pagkakaalam ay legal naman pero ngayon po ay pinipilit na po nila ako na magpamember at kumuha pa din ng clearance kahit nakatayo na ang aking bahay , na ang bayad na po ay 10libo na nagsimula lamang sa 500 piso noong 2003 at ang monthly dues ay 150, ako po ay walang trabaho at umaasa lang s tulong ng pamilya ko. ang sabi po nila kapag hindi po ako nagpamember ako ay hindi makakabitan ng manila water, kapag nagpalinya po sila dahil sa ngayon po ay deep well lang po kami. may karapatan po ba sila na gawin ito sa akin kung sa sarili ko naman po ay wala akong kakayanan na magbayad ng hinihingi nila at ayoko din po na magpamember sa kahit anong asosasyon. hindi po ba karapatan ng lahat na matugunan ng pangangailangan lalo na tbig at kuryente? imbes na ipangbabayad ko pa yun s ibang imporatnteng bagay ay sa pagpapamiyempbro lang po mapupunta.
sana po ay masagot nyo po ang aking katanungan dahil s pagkakaalam ko po ay lahat ng home owner maging myembro man o hindi ng isang associaton ay hindi dapat pagdamutan sa mga basic necessities.
at isa pa din po, magpapalinis lang po at magpapabakod ng barbwire ang kapatid ko sa lupang nabili nya dito sa loob ng subd ay hinihingian na po agad kami ng clearance, ito po ba ay tama o pagsasamantala sa kanilang kapangyarihan.
maraming salamat po
Hi Atty. Jojo,
I am Jordan Tolentino and currently the President of The Alliance of Quezon City Homeowners Associations Inc. or AQCHAI, we are the biggest federation of Subds., in Quezon City with more than 88 member HOAs / Subd. I am very much appreciative of your initiative to help many residents and HOAs. Our organization is one among who has fought for the passage of RA 9904 and we are very happy that it was passed though it did not meet all of our expectations due to some inserts by Sen. Zubiri. Anyways, I just wanted to congratulate you and should you wish to expand your advocacy do communicate with me – should you have extra time……..We shall be having the AQCHAI HOA Summit on the 19th of May and it will be the biggest convention of HOA Leaders. I wish you could come. Do communicate email tolentinojordan@yahoo.com or my cell 09192704582 – maybe we can work together on many issues… God Bless
Dear Atty. Jojo,
Our association have been registered since 1985 to Home Financing Corp and transferred to HLURB thru R.A.8763 but unfortunately, our officers/trustees failed to submit the required yearly reports and have been issued a show cause letter by HLURB since 1991. This information we only found out today, May 18,2012. We have been elected/appointed this year March 25,2012. As officers/trustees,we wish to acquire a certficate of registration and comply with HLURB rules & regulations as mandated under R.A.9904 but we do not know the legal implications with regards to non-compliance of the previous directors/trustees/officers. Some of them are already deceased or moved to another place. If ever there were records before, they would probably been destroyed due to flood brought about by typhoon Ondoy & Peping in 2009.
We would appreciate it very much if you could give us some advice. Thank you and God give you strength.
Dear Atty. Jojo,
I am a one year resident of a subdivision here in Malolos Bulacan. We are a victim of an akyat bahay more than a month ago because of a poor security and street light in my block or area. We don’t have an active homeowners association inside the subdivision even if they are registered in HLURB. Now our developer is charging us with Street Light Fee of Php100.00 per household (I learned that we have around 1,640 residents inside the subdivision.. that’s how big we are here). Since we don’t have an active homeowners association officers we have collected signatures from almost 500 residents to file a formal case to our developer in HLURB for violating Section 27 of IRR PD 957 and also for threatening us that our water supply will be disconnected if we don’t pay the water bill along with the street light.
My question now is:
1. As a resident do I have the right now to pay for a service that I am not benefiting?
2. I am willing to pay the water bill in exclusion of the street light fee but our developer is not accepting the payment and starts to threat us. What will be my next step?
3. HLURB said that we don’t have to file a formal case yet and they will just have to set a conciliation conference between us and our developer but did not give us a time frame as to when it will happen. Some of us have already received a disconnection letter from our developer and is already worried that their water supply will be cut off even though they are willing to pay for the water bill but not the street light fee since they don’t have a street light also in their area.
I will be grateful atty. if you can please give us guidance as to what are we suppose to do.
We will wait for you reply.
Thank you very much and God bless
Respectfully,
Mrs. Sangil
atty dito po sa aming homeowner association madaming homeowners po and hindi nagbabayad ng association dues mahigit 2 taon na pataas. ngayon po ito mga tao na ito ay hindi po pinayagan bomoto at mag hols ng position sa kadahilanan po ng hindi pagbabayad. Ginawa po ng mga tao na ito ay dumulog s hlurb para humingi ng special election payagan sila bumoto at mag hold ng position.. ang naging desisyon ng hLurb ay payagan sila bumoto at maghold ng position kasi daw special election at may karapatan daw ang hlurb mag relax ng batas sbi ng hlurb… ito pa ay tama kasi para naviolate po ang RA9904.
19 September 2012
Dear Attorney Jojo,
Greetings!
Our HOA is currently in the process of amending the By-laws.
Concerning “Rule 4 – Articles of Association and By-laws, Section 18 – Contents of the By-laws, Item c. – The schedule, venue, and manner of conducting the regular, special, and emergency meetings of the general membership, the required quorum, and allowable proxies in such meetings, page 9 of the Implementing Rules and Regulations of R.A. No. 9904”, our HOA is composed of 65 HO/members but we very seldom achieve a majority attendance (i.e. 50% of total members +1) in any general membership meeting or election. As such, I would like to inquire on the following:
1. Am I right in my understanding that a quorum should compose of “warm bodies” or “members/ authorized representatives or proxies” that are physically present?
2. Is it legal if we amend the required quorum with a lower number of members/proxies in attendance, say “AT LEAST 20% OF TOTAL MEMBERS“ or so?
I would appreciate receiving your legal advice.
Thank you.
Respectfully,
Francisco Perlas Jr.
Year 2012 Secretary, Mayuga Homeowners Association, Inc., BF Homes, Parañaque City
Hi Atty. Jojo,
Our subdivision in Angeles City has not been turned over to our HOA yet since the developer/owner is still selling lots and has not completed the necessary percentage required to do the turn over. However, the funds raised from the homeowners are being utilized by the developer. Can you please clarify from what or whose funds should be used for the development/improvement, electricity (post light), garbage, maintenance, security, among others.
Please help as our subdivision is in total mess and we are badly pissed off.
Your utmost attention in this regard shall be highly appreciated.
Thank you.
Maria
Atty Jojo,
Our subdivision is 51 years old. Will the restriction at the back of our titles be still applicable( homeowners and lot owners are automatic members of the Homeowners Association), in the light of RA 9904 indicating that membership is optional.
RA 9904 also penalizes “members not in good standing”. How about those who will opt not to become members and do not want to pay the assessed dues by the association.
Is it legal for us to post in a conspicuous place the names of those not paying dues?
I am a member of the Board of Trustees and the perennial problem in our subdivision is non payment of dues despite the fact that we have now good roads, water connection by manila water.
Looing forward to your reply
Atty how to file a complaint against the developer in HLURB. Please furnish us an example form that follows the rules of procedures in filing a case
Atty Jojo, our Subdivision is located in noveleta , Cavite, and is registered with the Home Insurance Guarantee Corporation sometime in 1991. Do we have to register again with the HLURB. If so, where is the nearest office located to our area.
Kindly visit http://www.realttorney.com for updates and new articles.
Yes. Your HOA is required to be registered with HLURB in the Regional Office located in Calamba City, Laguna.
Best of luck,
Atty. Jojo