Law Summary
Scope and Definitions
- Defines key terms such as "accounting period," "association," "association member," "basic community services and facilities," "board," "common areas," "common expense," "economic housing," "governing document," "homeowner," "residential real property," "simple majority," "socialized housing," and "subdivision/village."
- Clarifies the legal status and membership criteria of homeowners associations covering various housing types including socialized and economic housing.
Registration of Homeowners Associations
- Mandatory registration of homeowners associations with the Housing and Land Use Regulatory Board (HLURB).
- Registration grants juridical personality to unregistered associations.
- Provides adjudicatory procedure for disputes between associations within the same locality.
- Associations previously registered with other entities shall be recognized without penalty upon registration with HLURB.
Homeowners: Rights and Membership
- Homeowners are entitled to enjoy basic community services upon payment of fees.
- Qualification for membership includes owners, purchasers, awardees, usufructuaries, legal occupants, lessees (with consent), and informal settlers under government programs.
- Members have rights to enjoy services, inspect records, participate and vote in elections, access deposits, attend meetings, and other rights per the association bylaws.
- Members have duties including payment of dues, attendance at meetings, and participation in association activities.
- Procedures and sanctions for delinquent members are to be provided in association bylaws with due process safeguards.
Homeowners' Association: Powers and Governance
- Associations have broad powers including adopting and amending bylaws, litigating on members' behalf, regulating common areas, controlling access, hiring staff, managing property, ensuring water service quality, and imposing fees.
- Associations may also sanction members, support creation of institutions, and petition for creation of barangays.
- Board of directors oversees management; qualifications, duties, and responsibilities are set by bylaws and this Act.
- Board must maintain proper accounting, collect fees, manage funds, propose initiatives, and undergo HLURB orientation.
- Mechanisms for removal of directors and dissolution of the board are defined with HLURB oversight and election procedures.
Association Bylaws and Member Participation
- Bylaws must cover member rights, membership qualifications, meeting procedures, board qualifications and terms, election and removal processes, officers’ duties, committees, fines, penalties, and other operational matters.
- Members may vote in person or by proxy, with proxies regulated and time-limited.
Financial Management and Transparency
- Associations must maintain detailed financial records open to inspection by members and authorized agents.
- Annual financial statements prepared by auditors or accountants must be posted and submitted to HLURB.
- Funds must be kept separate and identifiable in association accounts.
Relations with Local and National Government Units
- Associations complement LGUs in service provision and policy implementation.
- Dues and income used for community services are tax-exempt.
- LGUs must consult associations in implementing policies affecting them, including zoning.
- Associations also cooperate with national agencies and must be consulted on relevant rules and programs.
Role of the Housing and Land Use Regulatory Board (HLURB)
- HLURB responsibilities include registration, conducting orientations, regulating ethics, adjudicating intra- and inter-association disputes, validating petitions for removal or dissolution, and standardizing nomenclature and guidelines.
- HLURB may enlist additional personnel to fulfill its mandate.
- It can call upon law enforcement for enforcement of its functions.
Prohibited Acts
- Prohibitions include compelling homeowners to join associations, depriving rights to enjoy services if dues are paid, restricting inspection of records, denying participation and due process, and violating association consultation requirements.
- Unreasonable failure to provide services or maintain records, and any other acts violating the Act are prohibited.
Penalties and Sanctions
- Violators may be fined between Php5,000 and Php50,000 and permanently disqualified from board or association positions.
- Liability extends to those authorizing or participating in prohibited acts.
- Officers and directors are jointly liable with offending employees or agents.
Review and Amendment of Bylaws
- Associations must review and update their bylaws within six months of the Act's effectivity.
- Approval of amendments requires a simple majority vote of members.
Appropriations and Implementation
- Funding for the Act's implementation and HLURB duties is allocated in the General Appropriations Act.
- HLURB shall promulgate implementing rules within six months.
- Provisions inconsistent with this Act are repealed or modified.
Miscellaneous Provisions
- Separability clause ensures remaining provisions remain valid if parts are declared unconstitutional.
- The Act takes effect 15 days after publication.