Law Summary
Definitions and Key Terms
- Clarifies important terms including "homeowners," "homeowners associations," "common areas," and "community rules."
- Defines homeowners as individuals owning lots or units within subdivision or condominium projects.
- Establishes homeowners associations as non-stock, non-profit corporations or organizations formed by homeowners.
Rights and Responsibilities of Homeowners
- Homeowners have the right to participate in association meetings and vote on matters affecting the community.
- Requires homeowners to comply with the community rules, pay common expenses, and support the association's functions.
- Emphasizes homeowners' duty to maintain their property and respect the rights of other homeowners.
Duties and Powers of Homeowners Associations
- Associations are responsible for the management, maintenance, and administration of common areas and facilities.
- Authorized to levy reasonable fees and assessments on members for the upkeep and improvement of the community.
- Must enforce community rules and resolve disputes among homeowners.
Governance and Decision-making Procedures
- Specifies the processes for calling meetings, quorum requirements, voting procedures, and election of officers.
- Provides guidelines for transparent record-keeping and financial management within the association.
- Ensures due process in disciplinary actions or enforcement of community rules.
Dispute Resolution and Enforcement Mechanisms
- Establishes procedures for amicable settlement of disputes between homeowners and the association.
- Authorizes the association or aggrieved members to seek intervention from the Housing and Land Use Regulatory Board (HLURB).
- Details penalties for violations of community rules including fines, suspension of privileges, or legal remedies.
Penalties for Non-compliance
- Non-payment of assessments may result in interest penalties, lien on the property, or foreclosure.
- Violation of community rules can lead to fines, suspension, or exclusion from association activities.
- Persistent non-compliance may trigger administrative or judicial actions as provided by law.
Implementation and Effectivity
- The IRR took effect fifteen days after its publication in the Official Gazette on October 10, 2011.
- HLURB is the primary government agency responsible for overseeing the implementation and compliance of the Magna Carta for Homeowners and Homeowners Associations.
- Homeowners and associations must adhere to these rules in managing community affairs and enforcing rights and duties.