Law Summary: DHSUD Department Order No. 2021-007

The DHSUD Department Order No. 2021-007 outlines the revised implementing rules and regulations of Republic Act No. 9904, also known as the Magna Carta for Homeowners and Homeowners Associations. This order aims to uphold the rights of homeowners to form associations and to promote their roles in community development. It emphasizes the State's policy to support these associations in serving their communities and complementing local government efforts.

The order mandates the registration of all homeowners associations with the Department of Human Settlements and Urban Development (DHSUD). This registration grants juridical personality to the associations, allowing them to operate legally and access support services. Associations previously registered with other agencies like the SEC or HIGC must re-register with DHSUD to maintain their legal standing.

The order also details the powers, duties, and responsibilities of homeowners associations. These include managing common areas, regulating access to subdivision roads, hiring managing agents, and ensuring compliance with building codes and local ordinances. Associations are also empowered to impose fees, suspend privileges, and petition for the creation of separate barangays.

Additionally, the order specifies the procedures for the registration and re-registration of associations, including the submission of necessary documents and compliance with DHSUD requirements. It also outlines the penalties and sanctions for violations, which can include fines and disqualification from holding office within the association. The DHSUD is tasked with monitoring compliance and has the authority to inspect records and investigate activities of the associations.