Question & AnswerQ&A (HLURB ADMINISTRATIVE ORDER NO. 06, S. 2000)
The HIGC is a government corporation created under Republic Act No. 580, formerly known as the Home Financing Commission and renamed under Executive Order No. 90, tasked with regulating homeowners associations and their disputes.
A complainant is any person, natural or juridical, seeking relief for violation of any law, rule, regulation, or for enforcement of a right in law related to homeowners disputes.
Disputes including fraud or misrepresentation by HOA officers, controversies among members or between members and the association, election or appointment issues, and suspension or revocation of HOA registration due to grounds like fraud, misrepresentation, defiance of orders, misuse of rights, inactivity, and noncompliance with filing requirements.
Only complaints and answers are allowed; motions such as to dismiss, quash, bills of particulars, new trials, petitions for relief from judgments, and various other motions like extension of time, dilatory motions, and interventions are not allowed.
A respondent must answer within fifteen (15) days from receipt of the summons or risk being declared in default.
Powers include issuing injunctions, punishing contempt, ordering or compelling HOA meetings, validating proxies, issuing subpoenas, imposing fines and penalties, suspending or revoking HOA registrations, placing HOAs under receivership, and ordering production of records.
Hearings are summary in nature, not bound by technical rules of evidence, but ensuring fair and just hearing and observance of due process.
All proceedings for the reception of evidence should be terminated within three (3) months from the first day of hearing and can be extended only for the most exigent reasons with written permission from the agency head.
The preliminary conference is for exploring amicable settlement, amending pleadings, stipulating facts, limiting witnesses, simplifying issues, and other matters aiding speedy case disposition; failure to appear may result in non-suit or default.
A party may appeal within fifteen (15) days from receipt of the decision by filing a notice and memorandum of appeal with an appeal fee of P550.00, to the HIGC Appeals Board.