SHFC Anniversary

2. TheThe Housing and Land Use RegulatoryHousing and Land Use Regulatory
Board (HLURB)Board (HLURB) is one of the key housingis one of the key housing
agencies under the umbrella of theagencies under the umbrella of the
Housing and Urban DevelopmentHousing and Urban Development
Coordinating Council (HUDCC).Coordinating Council (HUDCC).

3. It is identified as one of theIt is identified as one of the
regulatory bodies for housingregulatory bodies for housing
and land developmentand land development
HOUSING AND LAND USE REGULATORY BOARD

4. HLURB is clothed with quasi-judicialHLURB is clothed with quasi-judicial
authority to expedite adjudication ofauthority to expedite adjudication of
violations and complaints against landviolations and complaints against land
and housing developmentand housing development
HOUSING AND LAND USE REGULATORY BOARD

5. HLURB has 3-fold functions:
 PlanningPlanning
 RegulationRegulation
 AdjudicationAdjudication

6. Mandates of HLURBMandates of HLURB
A. PLANNINGPLANNING : (EO 648; EO 72; RA 7279)
1. Formulation of Comprehensive
Land Use Planning Guidelines
2. Technical Assistance to LGU’s in
CLUP preparation.
3. Review of CLUPs.
4. Approval of CLUPs for Highly
Urbanized Cities (HUCs),
Independent Component Cities
(ICCs) LGUs for Metro Manila and
Provincial Physical Framework
Plans (PPFPs)

7. Mandates of HLURBMandates of HLURB
B. REGULATIONREGULATION:
(EO 71; PD 957, 1216, 1344; RA 9904; RA8763 (Sec.26) ;
EO 90)
1. Licensing and Monitoring of
Subdivision & Condominium
Projects
2. Approval of Condominium
Plans
3. Registration and
Supervision of HOAs
4. Registration of Real Estate
Brokers, Dealers and
Salesmen

8. Mandates of HLURBMandates of HLURB
C. ADJUDICATIONADJUDICATION: (EO 648; RA 9904, 8763 (Sec.
26))
1. Disputes between
Subdivision Lot or
Condominium unit buyer
and Developer
2. Homeowners Disputes
3. Appeals from Decisions
of Local Zoning Bodies.

10. Republic Act No. 8736
Pursuant to Section 26 of Republic Act No. 8736,
which took effect on March, 2000 the powers,
authorities and responsibilities vested in the Home
Insurance Guaranty Corporation (HIGC) now the
Home Guaranty Corporation (HGC), with respect to
homeowners associations under Republic Act No.
580, as amended by Executive Order No. 535 series
of 1979 and Presidential Decree No. 902-A, were
transferred to the Housing and Land Use Regulatory
Board (HLURB).

11. Republic Act 9904Republic Act 9904
Magna Carta for Homeowners and
Homeowners’ Associations
Republic Act 9904Republic Act 9904
Magna Carta for Homeowners and
Homeowners’ Associations

12. HLURB MANDATES RELATING TO HOMEOWNERS
ASSOCIATIONS AS PER RA 9904
REGULATIONREGULATION
 Regularly conduct free orientation for officers of homeownersRegularly conduct free orientation for officers of homeowners
associations or deputize another competent agency toassociations or deputize another competent agency to
conduct the orientation;conduct the orientation;
 Register all associations, federations, confederations orRegister all associations, federations, confederations or
umbrella organizations of the associations;umbrella organizations of the associations;
 Formulate the rules or manner of verification and validationFormulate the rules or manner of verification and validation
of petitions for the removal of director/s or trustee/s of theof petitions for the removal of director/s or trustee/s of the
association or dissolution of the board;association or dissolution of the board;

13. ADJUDICATION
 Hear and decide intra-association and/or
inter-association controversies and/or
conflicts, without prejudice to filing civil and
criminal cases by the parties concerned
before the regular courts: Provided, That all
decisions of the HLURB are appealable
directly to the Court of Appeals
HLURB MANDATES RELATING TO
HOMEOWNERS ASSOCIATIONS PER RA
9904

14. What is a homeowners
association?

17. Why is there a need to
register homeowners’
associations?

18. To acquire
juridical
personality
To avail of
the services
of HLURB

20. Article of Association,
duly notarized &
signed on each and
every page by all the
incorporators (5 to 15)
accompanied by the
following:
1) Notarized undertaking by
the association to:
a) Change the name of
the association in the event
that another persons, firm
or entity has acquired a
prior right to the use of the
name or one similar thereto;
and
b) Comply with the rules
and regulations of HLURB

21. 5) Authorization by the
incorporation for the
representative of the
association to transact/follow-
up its registration application with
the HLURB
6) Approved
Subdivision/Development Plan
indicating the area covered
7) By-laws duly notarized &
signed on each and every page
by all the incorporators (5 to 15

22. If application is a self-help housing project or one undertaken
under GLAD, CMP or other similar land tenurial assistance
program, the following additional documents must be submitted
 Location plan and vicinity
map of the project, whether
on-site or off-site, duly
signed and certified by a
geodetic engineer
 Notarized list of officers and
members stating the nature
of their occupancy, whether
as owner or tenant
 Certified true copy of the
original or transfer
certificate of title issued not
later than 30 days before the
date of application
 Duplicate original copies of the
notarized letter of intent to sell,
contract to sell, deed of absolute
sale, or MOA between the
landowner and association;
 List of beneficiaries as certified by
the proper settlement office of the
LGU or Urban Poor Affairs Office
(UPAO)
 Certificate of orientation from the
SHFC accredited mobilizer
 Bylaws of the association as
ratified and approved by the
members

23. • SHFC Certification that
its is the only proposed
association that is
seeking to apply for
CMP loan in order to
acquire the parcel of
land
• LGU Alteration
approval of subdivision
plan for HOAs intending
to avail of CMP if
located within existing
subdivisions
• For NHA projects,
certification that it is
the HOA recognized by
NHA

24. HOA Registration Approval Process

25. Registration Fee
Php 1,818.00
Registration of
Bylaws
Php 780.00
Registration of
Article of
Association
Php 780.00
Registration of
Books
Php 240.00
UPLegal
Research Fee
Php 18.00

26. Number of
Incorporators, Directors
and Members,

27. Required Number of
Incorporators
The number of
incorporators shall
not be less than 5 nor
more than 15
Required Number
of Board of
Directors
The number of Board
of Directors shall not
be less than 5 nor
more than 15

28. Qualifications
of
BOD/Officers
(Sect. 52, Rule
9)
 Must be of legal age;
 Must be a member in good
standing
 Must be an actual resident of the a
subdivision, housing or relocation
project for at least 6 months as
certified by the association
secretary or in default thereof, by a
member having personal
knowledge thereof
 Has not been convicted by final
judgment of an offense involving
moral turpitude
 The legitimate spouse of a member
may be a candidate in lieu of the
member

29. Maximum
Number of
Members
Maximum
Number of
Members
If the association would avail the
Community Mortgage Program
and other similar tenurial
program, the members shall not
be more than 200 members
If the association would avail the
Community Mortgage Program
and other similar tenurial
program, the members shall not
be more than 200 members
None
except

30. Who are
Homeowners under
RA 9904?

31. (1) Owner or purchaser of lot in a
subdivision/village;
(2) An awardee, usufructuary or legal occupant
of a unit, house and/lot in a government
socialized or economic housing or relocation
project and other urban estates;
(3)(3) An informal settler in the process ofAn informal settler in the process of
being accredited as beneficiary orbeing accredited as beneficiary or
awardee of ownership rights under theawardee of ownership rights under the
CMP, LTAP and other similar programs.CMP, LTAP and other similar programs.
Section 3. RA 9904Section 3. RA 9904

32. Can there be more than one
association in a subdivision or
village?

35. Section 26. Adjudicatory Mechanism in the Registration of
Association
In case two or more associations are organized
within the same subdivision/village and both
applied for registration with HLURB, the office shall
register only one associationonly one association in accordance with
the following guidelines:
•The association which submitted first its
registration papers and complied with all
the requirements of the HLURB shall be
registered

36. Section 26. Adjudicatory Mechanism in the Registration of Association
›In case there are two (2)
associations registered with the
SEC or HIGC, then the association
which was registered EARLIER
shall be recognized

37. Section 26. Adjudicatory Mechanism in the Registration of Association
›In case one (1) of the associations is
registered with the SEC and the other with
the HLURB, the one earlier registered shall
prevail and the registration of the other shall
be revoked, provided the requirements
under Section 24 are submitted within a
period of one (1) year of the effectivity of
this rules.
 Nothing in this Rules shall prevent the HLURB from taking into
consideration other factors in determining whose association
shall be registered and recognized.

38. Kinds of HOA Members
•Members in good standing
•Members who are not in good
standing/delinquent members

39. Who is a member in good
standing?

40. He is one who
complies with his
duties as member of
his homeowners
association

41. What are the duties of a
member?

42. Duties of a member
A member shall have the following duties:
 To pay membership fees, dues and special
assessments;
 To attend meetings of the association; and,
 To support and participate in projects and activities
of the association

43. What if a member fails to comply
his duties and obligations?
All the rights and privileges of a
member as provided in Section
11 of the RA 9904 implementing
rules and regulations and in the
Bylaws will be suspended upon
the declaration of delinquency by
the Board

44. What are the rights of a
member in good standing?

45. Rights of a member
A member in good standing shall have the right to –
 Avail of and enjoy all basic community services
and the use of common areas and facilities;
 Inspect association books and records during
office hours and to be provided upon request with
annual reports, including financial statements;
 Participate, vote and be eligible for any elective or
appointive office of the association subject to the
qualifications as provided for in the bylaws;

46. Rights of a member
A member in good standing shall have the right to –
 Demand and promptly receive deposits required by
the association as soon as the condition for the
deposit has been complied with or the period has
expired;
 Participate in association meetings, elections and
referenda, as long as bona fide membership subsists;
and,
 To enjoy all other rights as may be provided in the by-
laws of the association.

47. Declaring Members asDeclaring Members as
DelinquentDelinquent
Delisting or Expulsion ofDelisting or Expulsion of
Delinquent MemberDelinquent Member

48. Unless otherwise provided in the by-laws, the following may
be declared delinquent by the Board of Directors in
accordance with the procedure in Section 14:
 A member who has failed to pay three (3) cumulative
monthly dues or membership fees, or other
charges/assessment despite demands by the association
 A member who has repeatedly violated the association’s
by-laws and/or declared policies

49. Board or Committee
assigned by Board
determines whether a
member
a)failed to pay at least 3
cumulative monthly
dues, fees or other
charges, or
b)repeatedly or grossly
violated the by-laws or
policies of the
association
The President or the
designated officer of
the association shall
notify the said
member in writing of
the violation and
require him to explain
in writing, within 15
days from receipt of
notice, why he should
not be declared
delinquent
After the lapse of 15 days,
with or without a writtenwith or without a written
explanationexplanation, the President or
the designated officer shall
submit the matter to the
Board or committee for
hearing and deliberation.
Thereafter, the member may
be declared delinquent by
majority vote of all members
of the Board.
15
days
Treasurer’s
Report
Assn
Book of
Records

50.  The rights and privileges of a
member as provided in
Section 11 is suspendedsuspended
upon the declaration of
delinquency by the Board

51. • The Board shall, by MAJORITY VOTE OF ALLALL MEMBERS,
reinstate the membership of the delinquent member, provided
that unpaid dues, fees or charges are paid or the sanctions
imposed are satisfied.
• Nothing in this Rules shall prevent the association from
imposing other sanctions against the delinquent member in
accordance with the by-laws.

53. Waiver of Rights
Default in Payment
Violation of By-Laws

54.  In cases of CMP, GLAD and other similar landCMP, GLAD and other similar land
tenurial projects/arrangementstenurial projects/arrangements, the resolution
delisting/expelling members from the association,
and the corresponding substitutions, if any, shall be
submitted to the HLURB, within thirty (30) days
from its adoption. Otherwise, the delisting or
expulsion of members shall notnot be enforceableenforceable.

55. POST REGISTRATION &POST REGISTRATION &
ANNUAL REPORTORIALANNUAL REPORTORIAL
REQUIREMENTREQUIREMENTSS
Prepared by:
HOA TEAM

56. REPORTORIAL REQUIREMENTS :REPORTORIAL REQUIREMENTS :
1.POST REGISTRATION
REQUIREMENTS
2. ANNUAL REPORTS
3. ELECTION REPORTS

57. POST REGISTRATION
(Section 43, Rule 8)
Within 30 days from the issuance of the Certificate of
Registration of the association, the HOA shall submit the
following to the Regional Office:
 Tax Identification Number
 BIR Certification/Official BIR Stamps/
Receipts
 Updated Master List of members & their
authorized representatives, if any with their
corresponding signatures as attested by the
association’s incumbent Secretary

58. BOOKS TO BE KEPT (RULE 8, SECTION 45)BOOKS TO BE KEPT (RULE 8, SECTION 45)
Every association shall keep and
carefully preserve a record of all
transactions and minutes of meetings
of the general membership and the
board of directors or trustees, setting
forth, in detail, the date, time, and
agenda, proof of notice, whether the
meeting was regular or special, and
the significant acts done or ordered
in the meeting.

59. Books Required for Stamping
(Section 44, Rule 8)
Within thirty
days from
registration, the
association shall
submit the
following books in
blank forms to the
Regional Office for
stamping or
marking as official
association books
Cash Receipts Book
and Cash Disbursement
Book
Ledger and journal duly
registered with BIR

60. Reminders
• The funds of the association
shall be kept in accounts in the
name of the association and
shall not be joined with the
funds of any other association,
or any person responsible for
the custody of such funds.
• The outgoing directors/
officers shall turn-over the
association books, records,
properties and other assets to
the new set of officers and
directors within 60 days from
the election of the new board
• Where there is a failure to
elect a new set of
directors/officers, the
incumbent
directors/officers shall be
allowed in a holdover
capacity until their
successors are elected and
qualified. In no case shall
the holdover period exceed
two years.

61. Annual Reports
(Section 46, Rule 8)
Within ninety (90) days from the close of the fiscal
period, the association shall submit to the Regional Office the
following books and documents concerning its operations
during the preceding accounting period:
1. General Information Sheet detailing the names of
the members of the BOD or trustees, including the
executive and other accountable association
officers;
2. Latest financial statement certified correct by the
treasurer and auditor of the association & attested
to by the Chairman of the Board /President, and
externally audited, preferably, by and independent
CPA
3. Certified true copy of the master list of members
and the compiled resolutions duly certified by the

62. Independent
Audit; When
Necessary
(Sec. 71, Rule 11)
If, upon evaluation, the Regional
Office finds ambiguity or
inconsistency in the documents
submitted, it may require the BOD
of the association to engage, at its
own expense, the services of an
independent auditor who shall
conduct and review the said
financial records, and finish the
same within 30 days from receipt
of the HLURB order.
The independent auditor shall be
an accredited CPA of the Board of
Accountancy and the SEC.
Thereafter, the association shall
submit the report of the
independent auditor
If, upon evaluation, the Regional
Office finds ambiguity or
inconsistency in the documents
submitted, it may require the BOD
of the association to engage, at its
own expense, the services of an
independent auditor who shall
conduct and review the said
financial records, and finish the
same within 30 days from receipt
of the HLURB order.
The independent auditor shall be
an accredited CPA of the Board of
Accountancy and the SEC.
Thereafter, the association shall
submit the report of the
independent auditor

63. a. Proof of notice of election together
with the secretary’s affidavit stating
that the notice of election was posted
in conspicuous places inside the
community stating the time, date and
place of the election;
b. A copy of the notice sent to the
members or posted in conspicuous
places stating the time, date and
place of the election;
c. Attendance sheet signed by the
members and attested by the
association’s incumbent secretary;
d. Notarized minutes of elections prepared
and signed by the Election Committee
(ELECOM) who supervised the election of
the association;
e. Election returns duly certified by the
ELECOM who supervised the election of
the association and
f. Master list of qualified voters as certified by
the association’s incumbent secretary and
treasurer.

64. THANK YOUTHANK YOU