Homeowners Association

DETAILED PROCEDURES

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A. Issuance of Certificate of Registration
Responsible Party Activity
Applicant 1. Presents requisite documents for registration of Homeowners’ Association
Registration Officer 2. Checks the completeness of the documents presented and conducts preliminary evaluation

2.1 If complete, acknowledges receipt of the application and records it in the logbook. Prepares the order of payment.
2.2 If incomplete, returns the documents to the applicant.
Applicant 3. Pays the necessary registration fee.
HOA Unit Head 4. Reviews and evaluates the submitted documents

4.1 If complete and in accordance with law and the HLURB HOA Rules, approves the registration and returns the documents to the Registration Officer
4.2 If incomplete, defective, or not in accordance with law and the HLURB HOA rules, the documents are returned to the Registration Officer
4.3 If there is an opposition to the application, sets a clarificatory conference for the applicant and the oppositors
Registration Officer 5. Receives the approved / incomplete application

5.1 If approved, records the homeowners’ association in the registry book and prepares the corporate folder and the Certificate of Registration, affixes initials
5.2 If defective or incomplete, notifies the applicant on the deficiencies of the documents, either by mail or phone call
HOA Unit Head 6. Affixes initials at the Certificate of Registration
Regional Director 7. Affixes signature at the Certificate of Registration
Registration Officer 8. Releases the client’s copy of the registration documents
Applicant 9. Receives the client’s copy of the registration documents and applies for registration and a tax identification number for the association at the Bureau of Internal Revenue (BIR)
Registration Officer 10. Receives copies of the BIR Certificate of Registration with the tax identification number of the association and releases the HLURB HOA Certificate of Registration
Applicant 11. Receives the original copy of the Homeowners’ Association’s Certificate of Registration.

 

B. Issuance of Certificate of Filing of Amended Articles of Incorporation and / or By-Laws
Responsible Party Activity
Applicant 1. Presents requisite documents for filing of amended Articles of Incorporation and By-Laws
Registration Officer 2. Checks the completeness of the documents presented and conducts preliminary evaluation

2.1 If complete, acknowledges receipt of the application and records it in the logbook. Prepares the order of payment.
2.2 If incomplete, returns the documents to the applicant.
Applicant 3. Pays the necessary filing fee.
HOA Unit Head 4. Reviews and evaluates the submitted documents

4.1 If complete and in accordance with law and the HLURB HOA Rules, approves the registration and returns the documents to the Registration Officer.
4.2 If incomplete, defective, or not in accordance with law and the HLURB HOA rules, the documents are returned to the Registration Officer.
4.3 If there is an opposition to the application, sets a clarificatory conference for the applicant and the oppositors.
Registration Officer 5. Receives the approved / incomplete application

5.1 If approved, records in the logbook and prepares the Certificate of filing of Amended Articles of Incorporation and / or By-Laws.
5.2 If defective or incomplete, notifies the applicant on the deficiencies of the documents, either by mail or phone call.
HOA Unit Head 6. Affixes initials at the Certificate of Filing of Amended Articles of Incorporation and / or By-Laws
Regional Director 7. Affixes signature at the Certificate of Filing of Amended Articles of Incorporation and / or By-Laws
Registration Officer 8. Releases the client’s copy of the Amended Articles of Incorporation and / or By-Laws and its supporting documents
Applicant 9. Receives the client’s copy of the Amended Articles of Incorporation and / or By-Laws and its supporting documents and the original copy of the Certificate of Filing of Amended Articles of Incorporation and / or By-Laws

 

C. Issuance of Certificate of Dissolution
Responsible Party Activity
Applicant 1. Presents requisite documents for application for the voluntary dissolution of the association
Registration Officer 2. Checks the completeness of the documents presented and conducts preliminary evaluation

2.1 If complete, acknowledges receipt of the application and records it in the logbook. Prepares the order of payment.
2.2 If incomplete, returns the documents to the applicant.
Applicant 3. Pays the necessary filing fee.
HOA Unit Head 4. Reviews and evaluates the submitted documents

4.1 If complete and in accordance with law and the HLURB HOA Rules, approves the registration and returns the documents to the Registration Officer.
4.2 If incomplete, defective, or not in accordance with law and the HLURB HOA rules, the documents are returned to the Registration Officer.
4.3 If there is an opposition to the application, sets a clarificatory conference for the applicant and the oppositors.
Registration Officer 5. Receives the approved application

5.1 If approved, records the logbook and prepares the Certificate of Dissolution.
5.2 If defective or incomplete, notifies the applicant on the deficiencies of the documents, either by mail or phone call.
HOA Unit Head 6. Affixes initials at the Certificate of Dissolution.
Regional Director 7. Affixes signature at the Certificate of Dissolution
Registration Officer 8. Releases the client’s copy of the Certificate of Dissolution and its supporting documents.
Applicant 9. Receives the original copy of the Certificate of Dissolution and its supporting documents.

 

D. Issuance of Certificate of Enrollment
Responsible Party Activity
Applicant 1. Presents requisite documents for application for the enrollment of the association
Registration Officer 2. Checks the completeness of the documents presented and conducts preliminary evaluation

2.1 If complete, acknowledges receipt of the application and records it in the logbook. Prepares the order of payment.
2.2 If incomplete, returns the documents to the applicant.
Applicant 3. Pays the necessary filing fee.
HOA Unit Head 4. Reviews and evaluates the submitted documents
Registration Officer 5. Receives the approved application, records the logbook and prepares the Certificate of Enrollment
HOA Unit Head 6. Affixes initials at the Certificate of Enrollment.
Regional Director 7. Affixes signature at the Certificate of Enrollment
Registration Officer 8. Releases the client’s copy of the Certificate of Enrollment and its supporting documents.
Applicant 9. Receives the original copy of the Certificate of Enrollment and its supporting documents.

 

E. Issuance of Various Certifications
Responsible Party Activity
Client 1. Presents request letter for certification and other requisite documents for its instance
Records Officer 2. Checks the completeness of the documents presented and conducts preliminary evaluation

2.1 If complete, acknowledges receipt of the application and records it in the logbook. Prepares the order of payment.
2.2 If incomplete, returns the documents to the applicant.
Client 3. Pays the necessary certification fee.
Records Officer 4. Checks and verifies the corporate records of the concered Homeowners’ Association for the information needed and then prepares the requested certification, affixes initials on the certification
HOA Unit Head 5. Reviews and evaluates the prepared certification as per request of the applicant and compares it with the data at the corporate records of the association, affices initials at the certification
Regional Director 6. Affixes initials at the certification.
Records Officer 7. Releases the client’s copy of the certification
Client 8. Releases the client’s copy of the Certificate of Enrollment and its supporting documents.

 

F. Issuance of Certified True Copies
Responsible Party Activity
Client 1. Fills out hte request form in verifyinh the corporate records of the association
Records Officer 2. Retrieves the requested coprorate records, asks for an identification card from the client and lends it to him for review and examination
Client 3. Photocopies the documents needed to be cerified submits it to the records officer, and returns the corporate records of the association
Records Officer 4. Computes the amount to be paid by the client and prepares the order of payment
Client 5. Pays the necessary fees
Records Officer 6. Stamps certified true copy and signs all the photocopied documents submitted, relases the certified documents
Client 7. Receives the certified documents

HOA Requirements for Registration
DOCUMENTARY REQUIREMENTS FOR THE ISSUANCE OF A HOMEOWNERS’ ASSOCIATION CERTIFICATE OF INCORPORATION / FILING OF BY-LAWS

  • Articles of Incorporation – signed by all 5 to 15 incorporators on every page.
  • By-Laws – signed by all 5 to 15 incorporators on every page if filed with the articles of incorporation or signed by the majority of the members of the association and duly certified by the majority of the directors and countersigned by the secretary, if filed within one (1) month after the issuance of the certificate of incorporation.
  • Notarized Written Undertaking by the Incorporators – to change the corporate name in the event that another person, firm or entity has acquired a prior right to the use of said name or one similar to it; and to comply with all the rules and regulations of the HLURB.
  • Notarized Information Sheet – contains the name of the association, principal office address, list of board of directors and trustees and their addresses, list of officers and their positions.
  • Notarized List of the Members of the Association – a complete list of the members of the association.
  • Notarized Certification – as to the existence or absence of a HOA in the subdivision, territorial jurisdiction of the HOA, name and address of the nearest existing HOA.
  • Notarized Authorization – written authority of the incorporators for the representative of the association to transact or follow up the application with HLURB.
  • Approved Subdivision Plan – (for regular subdivisions)

Additional Requirements For Self-Help Housing Projects or Projects Undertaken Under the Group Land Acquisition and Development (GLAD), Community Mortgage Program (CMP), or other similar land tenural assistance programs

  • Location and Vicinity Map of the Project – whether on-site or off-site, duly signed and certified by a geodetic engineer or surveyor.
  • Notarized List of Officers and Members – stating the nature of their occupancy, whether as owner or tenant.
  • Transfer Certificate of Title – certified true copy of the TCT from the Register of Deeds, issued not later than thirty (30) days before the date of application.
  • Letter of Intent to Sell, Contract to Sell, or Deed of Absolute Sale, or Memorandum of Agreement– duplicate original notarized copies.

Note:

Such other documentary requirements as may be imposed by the Housing and Land Use Regulatory Board (HLURB) All Documents are Submitted in Three (3) Typewritten Copies

HOA Post Registration Requirements

HOMEOWNERS’ ASSOCIATION
POST-INCORPORATION / REGISTRATION REQUIREMENTS
Requirements After Registration / Incorporation – submitted within thirty (30) days from the issuance or registration of the certificate of incorporation

    • Tax Identification Number
  • BIR Certification / Official BIR Stamps or Receipts

Books Required For Stamping – submitted in blank forms within thirty (30) days from the issuance or registration of the certificate of incorporation for stamping and marking as official homeowners’ association books.

  • Membership Book – contains the list of all original and additional members of the association duly attested to by the secretary of the board.
  • Minutes Book – contains the minutes of all meetings of members and of the board of directors or trustees.
  • Cash Book – contains the money received and spent by the association.
  • Journal – contains the daily transactions information and contributions of the association.
  • Ledger – contains the debits and credits information of the association.

Additional Requirement For Self-Help Housing Projects or Projects Undertaken Under the Group Land Acquisition and Development (GLAD), Community Mortgage Program (CMP), or other similar land tenural assistance programs

  • Development Permit for the Project – development permit issued by the local government unit or the HLURB, to be submitted within ninety (90) days from the issuance or registration of the certificate of incorporation.
Amendments and/or Revision of the Articles of Incorporation and/or By-Laws of Homeowners Associations
Schedule of availabity of Service:

8:00am – 5:00pm (No noon break)

Who may avail of services:

Group of people organized by:

  1. Owners or purchaser of a lot in a subdivision/village or other residential real property located within the jurisdiction of the association.
  2. Awardees, usufructuaries, legal occupant, and/or lessees of a housing nuit and/or lot in a government socialized or economic housing or relocation project and other urban estates, and;
  3. Underprivileged and homeless citizens as defined under existing laws in the process of being accredited as usufructuaries or awardees of ownership rights under the Community Mortgage Programs being implemented by the national government or the local government unit.

What are the requirements:

  1. Formalities – Retype Articles of Incorporation and/or By-laws, incorporating and underlining the particular revisions or amendments. No new signature should appear therein, just indicate the word “SGD” before the typewritten names of the original incorporators.
  2. Board Resolution – Board Resolution regarding the amended provision/s of the Articles of Incorporation and/or By-Laws as the case may be, signed by majority of the Board of Directors.
  3. Minutes of the Meeting of the Board of Directors – Minutes of the meeting and the date when and where the said amendments to the Articles of Incorporation and/or By-Laws were taken up and approved by the majority of the Board of Directors.
  4. Minutes of the Meeting of Members – Minutes of the meeting and the date when and where the said amendments to the Articles of Incorporation and/or By-Laws were taken up and approved by the majority of the members of the Association.
  5. Notarized Director’s Certificate – Director’s certificate attesting that the Board approved the amendments to the Articles of Incorporation and/or By-Laws by majority vote of the Board of the Directors of the Association.
  6. Notarized Secretary’s Certificate – Secretary’s certificate embodying the amendments to the Articles of Incorporation and/or By-Laws as the case may be with statement that the same had been approved by the majority vote of the members of the Association and majority of
    the Board of Directors.
  7. Homeowners Printed Names and Signatures – Printed names and signatures of all the members/homeowners who have approved the amendments to the Articles of Incorporation and By-Laws.
Step
Applicant/Client
Service Provider
Duration of Activity
Person in Charge
Fees

Form/Documentary Requirements

1 Inquiry regarding the requirements for Amendment Registration Officer 30 mins.

Ms. Rebecca Martinez
Ms. Victoria Ignacio
Ms. Venus De Vera
Ms. Rachel Salvatierra
Ms. Beverlyn Jacob

none Requirement forms
2 Updating of Annual Reportorial Requirements Receiving Officer 30-45mins.

Ms. Kristine Banal
Mr. Randolf Gearhart
Ms. Marialyn De Tomas
Ms. Belle Hernani
Mr. Cedie Deloria
Mr. George Sugatan

none Annual Reportorial Requirements/Documents
3 Pre-evaluation of the application for filing Amended By-laws and Articles of Incorporation Registration Officer 45 mins.

Ms. Rebecca Martinez
Ms. Victoria Ignacio
Ms. Venus De Vera
Ms. Rachel Salvatierra
Ms. Beverlyn Jacob

none By-laws, Articles of Incorporation, and etc.
4 Preparation of Order of Payment and Payment of Registration Fees

Admin. Officer Cashier

30 mins.

Ms. Emilie Pizarro
Mr. Mark Moyo (Cashier)

Articles of Incorporation + UPLRF:
600+10 =Php610

By-laws+ UPLRF:
600+10=Php610

Total: Php1,220.00
Php1580

Order of Payment

Official Receipt

5 Initial Evaluation of the amended by-laws/articles of incorporation Registration Officer 3-5 days

Ms. Rebecca Martinez
Ms. Victoria Ignacio
Ms. Venus De Vera
Ms. Rachel Salvatierra
Ms. Beverlyn Jacob

none Evaluation Report
6 Final Evaluation and Approval of the amended bylaws/articles of incorporation Regional Director and Head of HOA Franchising Unit 3-5 days

Engr. Alfredo Gil M. Tan II (Regional Dir.)

Atty. Donn Tamayo (Head,HOA Franchising Unit)

none Evaluation Report
7 Preparation of Certificate of filing of amended by-laws/articles of incorporation

Registration Officer

Head of HOA Franchising Unit and Regional Director

1-3 days

Ms. Rebecca Martinez
Ms. Victoria Ignacio
Ms. Venus De Vera
Ms. Rachel Salvatierra
Ms. Beverlyn Jacob
Atty. Donn C. Tamayo
Engr. Alfredo Gil M. Tan II

none Certificate of filing of amended by-laws/articles of incorporation
8 Releases Cert. of Registration Registration Officer to Applicant 30mins.

Ms. Rebecca Martinez
Ms. Victoria Ignacio
Ms. Venus De Vera
Ms. Rachel Salvatierra
Ms. Beverlyn Jacob

none Certificate of filing of amended by-laws/articles of incorporation

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REPORTORIAL REQUIREMENTS

For Stamping
  • Cash receipts Book, Ledger, Journal (duly registered in BIR).
  • Membership Book, Minutes Book

Annual Requirements (to be submitted within ninety (90) days from the closing of fiscal period)

  • General Information Sheet (Notarized)
  • Latest Financial Statement (Prepared and signed by the Association Treasurer and Auditor, and attested correct by the Association President or the Chairman of the Board.
  • Up-dated List of members
    • Fr regular HOA/Neighborhood (prepared and certified correct by the Association Secretary and attested to by the Association President)
    • For CMP – Certification of list of beneficiaries from Social Housing Finance Corporation (SFHC).
  • Compile Resolution (Duly signed by the majority of the board and certified correct by the Association Secretary).

After Election Reports (to be submitted within fifteen (15) days from the date of election)

  • General Information Sheet
  • Proof of notice of election (posted in conspicuous places)
  • Notice of Election (sent to members stating date, time and place of election)
  • List of Qualified Voters (certified by the Association Secretary and Treasurer)
  • Voters Attendance Sheet (signed by the members and attested correct by the Committee on Elections)
  • Notarized Minutes of Elections of Board of Directors (prepared and signed by the Election Committee)
  • Notarized Minutes of Elections of Officers (prepared and signed by the Election Committee/Association Secretary)
  • Election returns (prepared and signed by the Election Committee)
    1-Tally Sheet
    2-ELECOM Report(BOD Election) Indicating:
    1. number of qualified voters
    2. number of votes cast
    3. number of votes received by individual candidates
    4. protest registered on the day of electio, if any
    5. other information relevant and necessary in the conduct of election

In case of failure of elections (to be submitted within five (5) days from the date of the failed election)

  • Affidavit of Non-Holding of Election (stating the reason why no election was conducted in accordance with the association By-Laws executed by the Association Secretary and attested by the Association President)
  • Notice of Postponement

NOTE:

All requirements must be type-written (one original, one duplicate)

Receiving of Documents/Annual Reportorial Requirements
Schedule of availabity of Service:

8:00am – 5:00pm (No noon break)

Who may avail of services:

Group of people organized by:

  1. Owners or purchaser of a lot in a subdivision/village or other residential real property located within the jurisdiction of the association.
  2. Awardees, usufructuaries, legal occupant, and/or lessees of a housing nuit and/or lot in a government socialized or economic housing or relocation project and other urban estates, and;
  3. Underprivileged and homeless citizens as defined under existing laws in the process of being accredited as usufructuaries or awardees of ownership rights under the Community Mortgage Programs being implemented by the national government or the local government unit.

What are the requirements:

The following shall be submitted within thirty (30) days from the issuance of the certificate of registration:

  1. Tax Identification Number (TIN) of the HOA.
  2. BIR Certification/Official BIR Stamps or receipts; and
  3. Updated list of member with the member’s corresponding signatures as attested by the association secretary.
  4. For stamping or marking as official association books, the Cash Receipts Book (CRB), Cash Disbursement Book (CDB), Leger and Journal duly registered with BIR.

Annual reports required to be submitted within ninety (90) days from the closing of the fiscal period:
(1 original 1 duplicate / or all documents should be type written)

  1. General Information Sheet (GIS) indicating the name of the members of the Board of Directors and Officers;
  2. Latest Financial Statement (FS) certified correct by the association treasurer and auditor of the association and attested by the Chair of Board of Directors of the President and externally audited, preferably by an independent CPA; and
  3. Certified true copy of the updated list of members duly certified by the association secretary and attested to the Chair of the Board of Directors or the President;
  4. Complied resolution secretary and attested to by Chair of the Board of Directors of the President.

Election reports to be within fifteen (15) days from the date of the regular of special election:

  1. Proof of notice of election;
  2. Copy of the notice sent to the members or posted on conspicuous places stating the date, time and place of the election;
  3. Attendance sheet signed by the members an attested by the association secretary;
  4. Notarized minute of elections prepared and signed by the election committee;
  5. Election returns/results certified by the election committee; and
  6. List of qualified voters as certified by the association secretary and treasurer.

In case of failure of elections, the following shall be submitted to HLURB-ENCRFO HOA Financing unit within five (5) days from the date of the failed election:

  1. Affidavit of non-holding of election stating the reason/s why no election was conducted in accordance with the association’s by-laws executed by the association secretary and attested by the association President;and
  2. Notice of postponement.

The election committee shall call for another election for another election within thirty (30) days from the date of the failed election.

Step Applicant/Client Service Provider Duration of Activity Person in Charge Fees

Form/Documentary Requirements

1 Verification of registration through the records Records Officer 5-10 mins.

Mr. Teodorico Alonzo

Mr. Reynaldo Estabillo Jr.
Mr. Paul Henry Cruz

none Verification form
2 Receiving of documents/Annual Reportorial Requirements Receiving Officer 30-45mins.

Ms. Kristine Banal
Mr. Randolf Gearhart
Ms. Marialyn De Tomas
Ms. Belle Hernani
Mr. Cedie Deloria
Mr. George Sugatan

none

Annual Reportorial Requirements/

Documents

3 Encoding of Submitted Documents/ Annual Reportorial Requirements Receiving Officer 45 mins.

Ms. Kristine Banal
Mr. Randolf Gearhart
Ms. Marialyn De Tomas
Ms. Belle Hernani
Mr. Cedie Deloria
Mr. George Sugatan

none

Annual Reportorial Requirements/

Documents

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