I posted this announcement in my website last October 2011. But, I forgot to post it here.
The HLURB approved last June 24, 2011 the IMPLEMENTING RULES & REGULATIONS of Republic Act No. 9904, otherwise known as the “Magna Carta for Homeowners and Homeowners Association.” For a copy, click on the link above.
To read other articles that I have published recently, kindly go to the REALTTORNEY website.
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Sir,
I would ike to thank you for the great service you have provided to , as officer and president of our homeowners association this information will surely be of great help to us.
teem
sir,
Our board of directors in its meeting would like to impose some tactical moves to have our delinquent members pay their dues, some with over 4 years now. Our bylaws stated non payment of dues for two (2) months shall be declared not in good standing. as the new board for 2012 ,we are planning to send them notices/ demand letters and should they fail to settle their dues after 2-3 notices/demand letters we shall declare them as HOMEOWNERS OF NOT IN GOOD STANDING, and the penalties we will impose is to request them an identification papers every time they enter into our village. (to antagonize or inconvenience them) do we have the power to implement this? thank you
Teem
Hi Teem,
Congratulations on your election as President of your HOA.
Kindly review past Board resolutions passed by prior BOD and check if they had listed the things that can be done to Homeowners who have been declared as “not in good standing.”
You are on the right track and I applaud you in your efforts except for the last part which is quite bothersome and hard to implement. Your private security force may be wasting its time waiting and identifying the delinquent Homeowners as they go in and out of the gates of your Village.
Under RA 9904, the HOA has the right to impose sanctions on members who are not in good standing. If your HOA has control of the water facilities then you can temporarily cut the water facilities until the errant members pays his/her unpaid dues.
RA 9904 allows you to withhold other services to the non-paying members. You can stop collecting his/her garbage. However, I don’t know how long you can do that without affect the neighbors who are members in good standing. Be creative. Discuss this during the next meeting of the BOD. Brainstorm on the solution and I guarantee that you will come up with excellent solutions. Just remember to issue the proper Board Resolution and circulate it in the entire village before you start writing and sending out notices/demand letters to the delinquent members.
Good luck and God bless,
Atty. Jojo
Thank you, I was been an elected public officials of our community for nine (9) long years as Members of our Sanggunian Bayan, and i have serve my village for nine (9) long years as President of our village,I don’t know how I can I explain these.They have given me another chance to serve my village, Now I WOULD LIKE TO KNOW. how can I BE of help to my village>
Dear Atty. Jojo,
Just the other day, I have received a notice coming from Manila Water informing us that they will now proceed with collections of our shares on a 70-30 (homeowners-manila water) sharing for the installation of water pipe lines which they constructed to replace our old existing water pipe line connection provided by the developer. Now I would like to know if it is really our duty to pay such water pipe installations? Our village was turn -over to our municipal government way back in 1986, and i have some information that for a turn over subdivision these water pipe installation are provided by Manila water for free. Is my information correct ? What are the requirements? Thank you Sir, I hope you can enlighten us to save us from unnecessary burden. The water pipe line installations was finished sometime in 2007, and its only now then that they are trying to collect the said transaction.
Thank you and regards.
teem
Good day Sir,
Just the other day ,I received a notice from Manila Water informing us that they will now proceed with the collection for the installation of water pipe laying connections which they constructed in 2006. The contract was entered by our previous Board of Directors on a 70-30 sharing (homeowners-manila water). There was no MOA presented to us , and the supposed terms of payment that was agreed upon according to their agreement was for a 24 equal payments, but now in their notice they made it up to 36 equal payment ,after almost 5 years from the date it was finished.
I have gathered some information that in some villages that is already turn-over to the local government , the pipe laying installation are not charge to the homeowners, and I am surprised that in our case we are being charge to which we have already turned over our village since 1986 .
Sir, may we know if this practice is really applicable to us . Thank you and more power to you.
teem
thank you sir for the information which I appreciated very much, it gives me a legal reason to be more persuasive and aggressive to act and implement what is due for us as officer of the village.
I will be communicating with you always.
teem
Dear Atty. Jojo,
with reference to the rights and powers of the Homeowners associations stipulated in the Magna Carta for Homeowners and Homeowners Associations or Republic Act 9904 which says: Regulate the use, maintenance, repair, replacement and modification of COMMON AREAS cause improvements to b part of the common area. Provided that the aforementioned do not contradict the provisions of the approved subdivision plan.
May I know if the area or piece of property under the National Power Corp. (NTC) transmission lines can be classified as a common area. In our subdivision development plan, this area is a part of the whole subdivision lot bought by the developer to different property owner consisting a total lot area of less than ten (10) hectares. The area under the NPC transmission lines were not sold by the developer and was left open, which accordingly there is a law prohibiting to construct any kind of housing building that fall under the high tension transmission lines.
Our village was already turn over to our local municipality, and the lot owners that have bought a lot besides these open space under the high tension transmission lines have been using for over 25 years now and even constructed fences along its perimeter lines.They also constructed some rest house for their personal benefits.
Atty. the present BOD are planning to use these space for some projects in cooperation with our Municipal government, do we have the authority to secure these property and have it used for the benefits of our homeowners. What shall we do if the present occupants resist ?
We shall appreciate so much your legal advice.
Thank you and more power to you.
teem
Sir,
Good day!!
Our HOA was formed two years ago and the village was turned over just recently. They advised us that we are now going to pay our monthly dues. I inquired from the Property Manager about the HOA and I was told that the Association is already registered with the HLURB. But when I asked about the by-laws he told me that it Is still in process or they are still preparing it . I just want to ask if it is mandatory for the HOA to submit its by-laws before they can be given the certificate of registration by HLURB? Can the HOA collect monthly dues from the members even if it is not registered yet to the HLURB?
Hope you can enlighten me regarding this matter.
Thank you very much and more power.
Crissy :)
I’m so grateful that you made RA9904 available through the net. I have a question which I hope you can be of help.In Rule 10Elections under Section 60 Hold-Over it states that hold-over officers should not exceed two (2) years. When will the start of the 2 years counting from the last election held or upon approval or implementation of RA9904. What is the process to be done to disqualify the officers who have been hold-over for three (3) years. Out of five elected only three remaining as over three (3) years the two were just appointed in 2010 and 2011 respectively. Our last election was on May 23, 2009 and in 2010, 2011, and lately May 19, 2012 there were failure of election for lack of quorum. Again thanks for everything. God bless.
Hi Atty Jojo,
Kindly give opinion on IRR-RA9904 Section 52. Qualifications of Officers. – A director and officer of an association –
Six (6) of the nine (9) directors of our present board are NON-RESIDENTS of our subdivision. They are claiming that the qualifications stated in this section is only applicable to “a director and at the same time an officer” thus, not applicable to directors not holding an executive post. We recognize that perhaps to simplify the wordings of the rule, it may have been constructed that way and may result to such interpretation. However, as we also are aware that the rule is a copy from HLURB Res 770 Framework of 2004 Sec. 60 Qualifications – under Art XII. PROVISIONS COMMON TO DIRECTORS AND OFFICERS, which by context clearly means ALL directors and ALL officers must pass such ACTUAL RESIDENCY qualification. Your help will be greatly appreciated and God bless!
///Arnel
Dear Attorney Jojo,
Anu po and dapat gawin ng homeowners kung na discover nila na ang implementing monthly dues & other fees ay hinde tugma sa articles of incorporation & by-laws ng association at inde warranted by members of the association, dapat po bang ma expelled ang board of directors sa ganitong issues? please REPLY. Thanks.
Lola Momsy
Meron po bang karapatan ang property manager ng developer na maki alam sa HOA implementing rules kahit hinde pa siya hired ng HOA pero siya ang gumawa ng proposed expenditures list against income ng HOA that arrives to a certain amount of implementing unreasonable monthly dues that was approved by HOA board at hinde warranted by homeowner members? legal po ba ang system na ito? please REPLY. thanks
Legal po ba ang ginawang election ng HOA board of directors…referring to Developer’s votes accounted for un-sold properties and only 47% ang move-in & properly turn-over homeowners? legal po bang isama ang votes ng developer? Pwede po bang gamitin ang issues na ito para ma expelled at palitan ang board of directors? The President of HOA denied verbally the request of homeowners for a “homeowners general assembly meeting” for clarification of these issues for his reason na baka “Ma mob sia ng mga galit na homeowners” that was done during the last meeting with homeowners due to his speech na ang inde mag bayad ng monthly dues ay hinde kukunin ang basura at i pa stamp ang mga titulo ng bahay at lupa ng homeowners (very un-reasonable alibi). Please REPLY.
Magandang araw po.
Isa po akong member ng Villa Elisa Homeowners Association (VEHAI) dito po sa Imus, Cavite. Ang katabi po naming bakaneng unit ay kinuha din po namin pero ang ginamit po namin ay ang PAG-IBI ng aking uncle. Ngayon po kami po ang nagbayad ng construction fund sa PHINMA at kami din po ngayon ang nagbabayad ng monthly amortization. Ang sabi po ng VEHAI dapat magbayad ang uncle ko ng membership fee dahil sya daw po ang may-ari ng unit. Ang sagot ko po ay paano kung ayaw nya magpa-member kasi hindi naman sya titira dun sa unit dahil naidugtong na nga po namin sa unang unit namin. Ang sagot po ng VEHAI ay hindi daw po pwede dahil automatic daw po ito, pero sabi ko po sa R.A. 9904 voluntary ang pagpapa-member hindi sapilitan. Ang sagot po ng mga officers sa akin ay hindi daw po namin pwedeng pagbasehan ang R.A. 9904 dahil ang pinagbabasehan daw po nila ay ang rules ang regulation ng VEHAI. Kailangan daw po maayos muna yung HLURB registration ng VEHAI para mabago ang rules and regulations alinsunod po sa R.A. 9904. Ang VEHAI po ay hindi na nakapag-renew ng registration sa HLURB ng matagal na panahon. Tama po ba ang pananaw ng officers ng VEHAI?
Nanghihinayang din po kasi ako dun sa membership at dun po sa magiging monthly dues ko samantalang ako po mismo ay member na po.
Maraming salamat po at sana ay mabigyan po ninyo ako ng kasagutan upang maibahagi ko din po sa kanila.
Hello po Cel,
General information lamang po ito. Ang membership sa HOA ay karaniwang boluntaryo maliban kung otomatiko ito ayon sa Deed of Restrictions na naka-annotate sa titulo o sa kontrata ng pagbili. Kung hindi nakasaad na otomatiko, hindi basta-basta maipipilit ang membership. Hindi rin dapat itago sa lumang rules ang batas: ang mga by-laws ay dapat umayon sa RA 9904 at sa DHSUD rules, at kailangang rehistrado ang HOA para may bisa ang kanilang singil. Tingnan po ang titulo at kontrata ng yunit ng tiyuhin ninyo. Kung hindi maayos, dalhin sa HSAC: https://hsac.gov.ph/
Atty. Jojo
Dave… Having my Name along with my Wife’s name on Title and property documents, where do I stand in running for Board of Directors on our Home Owners Assoc. there seems to be some confusion whether or not I can stand, I am in good standing, could you clarify my position, regards Dave….
Hi Dave,
General information only. Eligibility to run for the Board depends on whether you are a qualified member in good standing under the by-laws and RA 9904. Joint owners are often treated as one membership, so check the by-laws and the Deed of Restrictions for rules on which co-owner may vote or be elected. Ask the Board or the election committee to state the basis of its ruling in writing.
Atty. Jojo
In our March 16, 2013 assembly meeting, after due notice, only seventy six (76) out of two hundred (220) household residents of our village are in attendance. The group in attendance decided to impose sanctions to our delinquent members, some far exceeds the three (3) consecutive months non-payment of their monthly dues, as provided for by the implementing rules of RA9904 and our HOA bylaws.
We have sent them sent them, previously, 3-4 notices/demand letters already re aforementioned rules and regulation, and the penalties agreed upon are as follows:
1. posting their names at the conspicuous place at the village gate where every resident can read,
2. To request them an identification papers every time they enter our village to let them feel the consequences of their delinquencies,
3. To deny them of the privileges supposed to be enjoyed by residents, in good standing, like collection of garbage.
Please counsel us about any legal problem we may encounter along the process, if there are any.
Respectfully,
CCA, president
HOA Bon Giorno Subd.
Lipa City
Hi Cesar,
General information only. Posting names publicly, requiring entry checks for delinquent members only, and denying services that members in good standing receive can expose the association to claims under Article 26 of the Civil Code and the Data Privacy Act. Sanctions must follow the by-laws and due process, including notice, a chance to explain, and the grace period under the DHSUD rules. Please consult a lawyer before applying any sanction, and raise any dispute with the Human Settlements Adjudication Commission (HSAC): https://hsac.gov.ph/
Atty. Jojo
Dear atty. jojo tama po ba sabihin ng developer na ang subdivision ay kanya kasi po di cya nakikinig sa hoa kahit labag na sa batas ang ginagawa ng developer tama din po ba na kahit may kaso ang lupa ay sinasabi na legal sila kaya tuloy ang paggagawa ng mga bahay.
Hello po Mitch,
General information lamang po ito. Ang developer ay nananatiling may-ari ng mga lote na hindi pa naibebenta, ngunit kailangan niyang sundin ang aprubadong subdivision plan at ang PD 957, kabilang ang mga kalsada at open spaces. Ang pagkakaroon ng kaso sa lupa ay hindi awtomatikong humihinto sa pagtatayo kung walang utos ng korte, tulad ng TRO o injunction. Maaaring magsumbong ang HOA sa DHSUD at dalhin ang alitan sa HSAC: https://hsac.gov.ph/
Atty. Jojo
atty. jojo ano po ang dapat ikaso sa ganyan na developer…. at ano po ang dapat ikaso sa developer ng subdivision kung hetoy nanghaharass .
dahil sa hindi namin pag payag na gumawa sya ng daan sa aming nasasakupan ang aming mga bahay pinagkukunan ng litrato pati na ang mga sasakyan naming mga board members ng hoa.
Hello po Mitch,
General information lamang po ito. Itala po ang mga pangyayari at mag-ipon ng ebidensya tulad ng mga litrato, video at sulat. Maaaring humingi ng tulong sa barangay at sa pulis sa mga pananakot o panliligalig. Ang usapin sa kalsada at sa pag-aangkin ng developer sa lugar ay maaaring dalhin sa Human Settlements Adjudication Commission (HSAC): https://hsac.gov.ph/ Makabubuting kumunsulta rin sa abogado para malaman ang tamang kaso batay sa mga detalye.
Atty. Jojo
pwede ko po ba makuha ung tagalog translation ng magna carta 9904 para lubos po nmin maunawaan ang nilalaman nito…salamat po.
Hello po Marielyn.
Sa ngayon wala pa po akong alam na meron Filipino translation ang Rep. Act No. 9904. Baka po pwede ninyong isangguni kay Google ang pag translate ng buong batas sa isang Chat.
Atty. Jojo
Good day Atty. ako po si Ariel Narvaza isang residente ng Holy Family Village 2 Banilad, Cebu City. ang tanong ko po simula po nung 1986 ginawad na po ng aming developer ang responsibilidad at pag administer ng subdivision thru our Homeowners Association. kami na po ang nagbabayad ng buwis ng Road lot 1 hanggang ngayon. Gumawa po ng road widening ang City Government of Cebu at nakunan po ng 280 sq.mtrs ang Road lot 1 from 706 sq.mtrs naging 426 sq.mtrs na lang. Kami po ba bilang Association ay may karapatan bang kumolekta ng compensasyon sa City Government sa nabawas nila na 246 sq.mtrs.?
Hello po, Ariel.
General information lamang po ito. Kung ang road lot ay pribadong pag-aari ng HOA at nakapangalan dito ang titulo, ang pagkuha nito ng LGU para sa pampublikong gamit ay karaniwang nangangailangan ng just compensation ayon sa batas sa eminent domain. Kung ang kalsada ay na-donate na o dapat nang i-donate sa LGU ayon sa PD 1216, maaaring walang kompensasyong dapat bayaran. Tingnan po ang titulo ng Road Lot 1 at kung may deed of donation, at alamin kung paano kinuha ng LGU ang bahagi.
Atty. Jojo
Hi, can a homeowners association disclosed members publicly? like exposing the list of delinquent homeowners along the entrance gate? Our purpose is to enforce payment of their monthly due.
Hi Jay,
General information only. Publicly posting names can expose the HOA to claims under Article 26 of the Civil Code (dignity, privacy, and peace of mind) and the Data Privacy Act (Rep. Act No. 10173). The safer route is to follow the notice and due process steps in the by-laws and DHSUD rules, and to pursue collection through proper channels.
Atty. Jojo
Hi atty..
my questions is
1.Am i qualify to become directors of HOA if I have a property in a subdivision, i leave there for about 7 years but now i am not leaving there anymore for about 4 years up to present but i still own the property? Section 52 c or IRR of RA 9904 states that c. must be an actual resident of the subdivision, housing or relocation project for at least six months as certified by the assoc. secretary etc. But the our by laws stated that Section 3 Qualification of Directors – a director shall be a member in good standing, of good moral character, and with no criminal record whatsoever. The term good standing shall mean that the member must not have any outstanding obligation to the association, and is not the current subject of any sanction or penal action of the association.
Hi Ney,
General information only. You need to review the HOA bylaws and check if lot owners can be members of the HOA or owner-residents only. Typically, the implementing rules of Rep. Act No. 9904 require officers and directors to be actual residents for a minimum period, and the bylaws may add qualifications but cannot go below the law. Check both documents, and check the current DHSUD rules on director qualifications, since the implementing rules have been revised.
Atty. Jojo
Sir,
We have avial this lot in a subdivision since 2011. And now 2021 we have plans to build our dream house. Now are we in debt to pay HOA mothly dues since 2011?
Hi Noel,
Thank you for your question. This is general information only:
Atty. Jojo
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