Article 162Labor and Agrarian Laws and Social Legislation, p. 162

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

Republic Act No. 7279, otherwise known as the Urban

Development and Housing Act of 1992 (UDHA).

(n) "Subdivision/Village" refers to a tract or parcel of

land partitioned into individual lots, with or without

improvements thereon, primarily for residential purposes.

Section 4. Registration with the HLURB. - Every

association of homeowners shall be required to register

with the HLURB. This registration shall serve to grant

juridical personality to all such associations that have not

previously acquired the same by operation of the General

Corporation Law or by any other general law.

The procedure for registration shall be specifically

provided for in the implementing rules and regulations to

be promulgated by the HLURB pursuant to Section 28 of

this Act. Such procedure shall provide for an adjudicatory

mechanism that will be observed in the event there is a

dispute involving two (2) or more associations established

within the same subdivision/village), community/area, or

housing project seeking registration. In resolving this

type of dispute, the HLURB shall take into account the

date each association was legally established, the date of

submission of its application for registration, the number

of members, and other similar factors.

The existence of associations previously registered

with the Home Insurance Guarantee Corporation or the

SEC shall be respected, and the said associations shall not

be charged a penalty when they register with the HLURB

after this Act takes effect.

CHAPTER II HOMEOWNERS

Section 5. Rights and Duties of Every Homeowner. -

Every

homeowner has the right to enjoy the basic

community services and facilities: Provided, That he/she

pays the necessary fees and other pertinent charges.

Section 6. Qualification of a Member. - A homeowner

as defined under this Act shall be qualified to be a

member of an association: Provided, however, That a

lessee, usufructuary, or legal occupant shall have the

right of a homeowner as set forth under this Act upon

procurement of a written consent or authorization from

the owner of the lot or housing unit.

Until such consent or authorization is revoked in

writing, the owner of the lot or housing unit is deemed to

have waived his/her rights enumerated under Section 7

of this Act, except subsection (b) of the same section

which can be simultaneously enjoyed by both the owner

and the lessee.

For purposes of this Act, the lessee authorized in

accordance with this section shall qualify as a member

with all the rights enumerated in this Act, including the

duties and obligations enumerated under Sections 7, 8

and

9

hereof:

Provided,

further,

That

lessees

in

government socialized housing projects or urban estates

and

those

in

communities

of

underprivileged

and

homeless citizens covered under the term under Section

3 of this Act will be considered as homeowners for the

purpose of qualifying as a member of a homeowners'

association without need of such written consent or

authorization.

Section 7. Rights of a Member. - An association

member has full rights:

(a) to avail of and enjoy all basic community services

and the use of common areas and facilities;

(b) to inspect association books and records during

office hours and to be provided upon request with annual

reports, including financial statements;

(c) to participate, vote and be eligible for any elective

or appointive office of the association subject to the

qualifications as provided for in the bylaws;

(d)

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;

(e) to participate in association meetings, elections

and referenda, as long as his/her bona fide membership

subsists; and

(f) to enjoy all other rights as may be provided for in

the association bylaws.

Section 8. Duties of a Member. - A member shall

have the following duties:

(a)

to

pay

membership

fees,

dues

and

special

assessments;

(b) to attend meetings of the association; and

(c)

to

support

and

participate

In

projects

and

activities of the association.

Section 9. Delinquent Member. - The bylaws shall

provide for guidelines and procedures in determining

who is a delinquent member, or a member not in good

standing, and to prescribe the administrative sanctions to

be imposed on such member. The right to due process

shall be observed in cases where administrative sanctions

are imposed on a delinquent member.

CHAPTER III HOMEOWNERS’ ASSOCIATION

Section 10. Rights and Powers of the Association. -

An association shall have the following rights and shall

exercise the following powers:

(a) Subject to consultation and with the approval of a

simple majority of the members, adopt and amend the

articles

of

incorporation

and

bylaws,

rules

and

regulations, pursuant to existing laws and regulations;

(b) In behalf of its members, institute, defend, or

intervene in litigation and/or administrative proceedings

affecting

the

welfare

of

the

association

and

the

subdivision/village

as

a

whole,

excluding,

however,

disputes that are not the responsibility of the association;

(c)

Regulate

the

use,

maintenance,

repair,

replacement and modification of common areas and

cause additional improvements to be made part of the

common areas: Provided, That the aforementioned do

not contradict the provisions of the approved subdivision

plan;

(d)

Regulate

access

to, or passage through the

subdivision/village

roads

for

purposes

of

preserving

privacy, tranquility, internal security, and safety and traffic

order: Provided, That: (1) public consultations are held; (2)

existing laws and regulations are met; (3) the authority of

the

concerned

government

agencies

or

units

are

obtained;

and

(4)

the

appropriate

and

necessary

memoranda of agreement are executed among the

concerned parties;

(e) Hire, discharge or contract managing agents and

other employees, agents and independent contractors to

ensure

the

full

functioning

and

operation

of

the

association;

(I) Subject to consultation with and the approval of a

simple majority of the association members, acquire,

hold, encumber and convey in its own name any right,

title to or interest in real or personal property: Provided,

That such approval of a simple majority of the association

members

shall

not

be

required

for the acquisition,

holding,

encumbrance

and

conveyance

of

personal

properties in amounts not exceeding ten percent (10%) of

the association’s cash holdings for its use in the course of

its normal operations;

(g) Ensure the availability of quality water services at a

reasonable

price

and

at

its

option,

administer

and

manage the waterworks system of the subdivision;

(h)

Upon

consultation,

grant

easements,

leases,

concessions and authority to use common areas and

petition for or consent to the vacation of streets and

alleys: Provided, That the said grant of easements, leases,

concessions and authority shall not be applicable to

access roads, main interconnecting roads, alleys and

sidewalks within the subdivision;

© Compiled By RGL

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