QuestionsQuestions (HLURB ADMINISTRATIVE ORDER NO. 12, S. 2009)
It is a HLURB Board resolution requiring that, before an HOA is registered, it must secure a clearance: from the Social Housing Finance Corporation (SHFC) for projects under the Community Mortgage Program (CMP), and from the National Housing Authority (NHA) for projects covered by NHA housing programs.
Because some HOAs located in areas covered by NHA or SHFC programs were able to register without coordination with those shelter agencies; the Board wanted consistency of shelter agency positions and coordination to determine whether applicants are in good standing.
It was approved by the HLURB Board on 31 July 2009, as stated in the resolution.
It takes effect fifteen (15) days from the date of publication (published on 30 August 2009), which is stated as 14 September 2009.
The Social Housing Finance Corporation (SHFC).
The National Housing Authority (NHA).
Clearance from SHFC or NHA (as applicable) must be secured prior to registration of the homeowners association.
The resolution targets HOAs located in areas covered by NHA or under the SHFC community mortgage program; it requires clearance prior to registration for projects covered by those programs.
It refers to whether the HOA applicants are in a status acceptable to and consistent with the shelter agency’s requirements (i.e., properly aligned and not in dispute or noncompliance with the agency’s program conditions).
By requiring coordination/clearance from the relevant shelter agency, HLURB ensures that HOAs are registered only if the shelter agency confirms they are in good standing, thus aligning positions.
Some HOAs were registering with HLURB without coordinating with NHA or SHFC, even if they were located in areas covered by those agencies’ housing programs.
Because the text states that it takes effect fifteen (15) days from the date of publication; publication date therefore triggers the statutory/regulatory waiting period before enforceability.
Rómulo Q.M. Fabul, Chief Executive Officer and Commissioner.
The text states effectivity on 14 September 2009 (15 days after publication). Thus, for applications made before effectivity, the resolution would not yet be legally operative based on the stated effectivity rule.