Homeowners Association

Magna Carta for Homeowners’ Association

Implementing Rules and Regulations of Republic Act No. 9904

• HOA Procedures of Services

ISSUANCE OF A CERTIFICATE OF REGISTRATION / FILING OF AMENDMENTS / DISSOLUTION / ENROLLMENT OF A HOMEOWNERS’ ASSOCIATIONS AND ISSUANCE OF CERTIFICATIONS AND CERTIFIED TRUE COPIES

STATEMENT OF POLICY

It is a policy of the Housing and Land Use Regulatory Board to establish and maintain a system that shall facilitate the processing of applications for Registration, Filing of Amended Articles of Incorporation and / or By-Laws, Dissolution, and Enrollment of Homeowners’ Associations, and issuance of Certifications and Certified True Copies.

SCOPE

This policy applies to all applications for Registration, Filing of Amended Articles of Incorporation and / or By-Laws, Filing of Dissolution, Enrollment and Requests for Certifications and Certified True Copies, submitted to this Office for evaluation and approval.

OBJECTIVES

To effectively implement Section 26 of Republic Act No. 8763 transferring to the Housing and Land Use Regulatory Board the powers, authorities and responsibilities vested in the Home Insurance and Guaranty Corporation, with respect to homeowners associations under Republic Act No. 580, as amended by Executive Order No. 535, series of 1979, and Housing and Land Use Regulatory Board Resolution No. R-771, Series of 2004.

GUIDELINES

All applications shall be filed with the Homeowners’ Association Franchising and Adjudication Unit, located at the Ground Floor, Homeowners’ Association Building, HLURB compound, Kalayaan Avenue corner Mayaman Street, Diliman, Quezon City or at the respective Regional Office who has jurisdiction over the concerned association. Only applications with complete and collated requirements shall be accepted for processing. An approval is granted to an application when it is complete, unopposed, and in accordance with the law and the HLURB Rules on Registration and Supervision of Homeowners’ Associations. Issuance of a Certificate of Registration, Filing of Amended Articles of Incorporation and / or By-Laws, Dissolution, Enrollment, Certifications and Certified True Copies shall be upon payment of the prescribed fees.

 

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

 

• Flowcharts of Procedures
• Registration of Homeowners Association
• Certification of Homeowners Association
• Filing of Amendment of Articles of Incorporation or By-Laws
• Enrollment of the Homeowners Association
• Issuance of Certified True Copies

 

• 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

 

• HOA Documentary Requirements for Amendments

DOCUMENTARY REQUIREMENTS FOR AMENDMENT OR REVISION OF THE ARTICLES OF INCORPORATION AND
BY-LAWS OF HOMEOWNERS’ ASSOCIATIONS

• 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.
• 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.
• 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.
• 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 two-thirds (2/3) vote of the members of the Association.
• 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 Directors of the Association.
• 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 two-thirds (2/3) vote of the members of the Association and majority of the Board of Directors.
• Homeowners Printed Names and Signatures – Printed names and signatures of all homeowners who have approved the amendments to the Articles of Incorporation and By-Laws.

*** Such other documentary requirements as may be imposed by the Housing and Land Use Regulatory Board (HLURB) ***

Change of Name – A Homeowners’ Association may change its name by filing the following documents with the Regional Office:

• A written application for the purpose
• A resolution of the board of directors of trustees duly ratified by two-thirds (2/3) vote of the association members, and
• A written undertaking to adopt another name in the event that a person, firm or association has acquired a prior right to the Homeowners Association’s name similar to it.

===== All Documents are Submitted in Three (3) Typewritten Copies =====

 

• HOA Reportorial Requirements