It is titled the “2004 Rules of Procedure of the Housing and Land Use Regulatory Board.” Its purpose is to establish the procedural rules for HLURB proceedings, designed to promote public interest and ensure just, speedy, and inexpensive determination of actions and applications.

They must be liberally construed to promote public interest and to assist parties in obtaining just, speedy, and inexpensive determination of every action, application, or other proceeding.

Proceedings are summary in nature, and the Rules of Court are not applicable except in a suppletory character.

An action is deemed commenced upon filing a verified complaint with the Regional Office in three (3) copies (and for respondents as required), attaching supporting documents, paying filing fees, and attaching the required certification of non-forum shopping.

They may dismiss for: (a) lack of jurisdiction; (b) insufficiency in form and substance; or (c) non-availment of the grievance mechanism under the by-laws in homeowners association-related cases other than election contests.

The respondent must file a verified responsive pleading or answer within a non-extendible period of twenty (20) days from receipt of summons.

Prohibited pleadings include: motion to dismiss; extension of time to file answer; admission of answer filed late; reply (except to a compulsory counterclaim); rejoinder and answer to rejoinder; motion for bill of particulars; fourth or subsequent party complaint; and motion for reconsideration of any order/decision of the arbiter. If filed, they do not interrupt the period to answer and do not bar adjudication; they are expunged from the records.

If the respondent fails to answer within twenty (20) days from service/receipt of summons, the Arbiter or Executive Committee may declare the respondent in default motu proprio or on motion with notice to the respondent (with proof of service).

A motion to lift default and admit the answer attached may be filed within five (5) days from receipt of the order of default. It must be accompanied by an affidavit of merit showing fraud, accident, mistake, or excusable negligence, and a meritorious defense.

Election contests must be filed within fifteen (15) days from the election date (if no by-law procedure) or within fifteen (15) days from receipt of the association’s resolution (if by-law provides). The respondent’s answer must be filed within ten (10) days (non-extendible), and if no answer is filed, the arbiter may render judgment based on pleadings and evidence on record within specified timeframes. Decisions/orders under this rule are immediately executory.

No. Appeals do not automatically stay enforcement/implementation. Only a restraint by the Board of Commissioners can stop enforcement.

A member may sue in the name of the homeowners association if: (a) the member was a member at the time of the acts/transactions and at filing; (b) the member exerted reasonable efforts to exhaust available remedies under articles/by-laws/laws/rules (alleged with particularity); and (c) the cause of action involves waste/dissipation of funds, fraudulent disposal of assets, or ultra vires acts by directors/officers.

A derivative action cannot be discontinued, compromised, or settled without approval of the Regional Office or the Board of Commissioners. During pendency, any sale/transfer/assignment of rights or interest must be approved by the same authorities; notice to affected members may be required if interests will be substantially affected.

It must allege: (a) enforcement of the member’s right to inspect and/or receive required financial statements/reports; (b) a demand for inspection/copying and/or furnishing of financial statements was made; (c) respondent refused; and (d) the refusal is unjustified and illegal, citing law/jurisprudence.

The respondent must file an answer within ten (10) days from service of summons and complaint.

Its purpose is to explore an amicable settlement. It must be terminated within sixty (60) days from the date of the initial conference.

As a general rule, arbiters’ decisions become final thirty (30) days after receipt if no appeal is filed; Board en banc/division decisions become final and executory fifteen (15) days after receipt if no appeal or motion for reconsideration is filed within that period—unless otherwise provided by the rules.