Resolution No. R-942, S. of 2016 Promulgating the Guidelines on the Registration of Homeowners Associations Organized Under Government Housing Programs

April 26, 2017

HLURB ADMINISTRATIVE ORDER NO. 001-17

 

Quoted hereunder is HLURB Board Resolution No. R-937, Series of 2016, Promulgating the Guidelines on the Registration of Homeowners Associations Organized under Government Housing Programs, approved by the Board on 12 October 2016:

PURSUANT to the authority to formulate the procedure in the registration of homeowners associations under Section 4 in relation to Section 20 (c) of Republic Act No. 9904, the Housing and Land Use Regulatory Board (HLURB) hereby adopts and promulgates the following Guidelines on the Registration of Homeowners Associations organized under Government Housing Programs.

SECTION 1. Coverage. — This Guidelines shall apply to the registration of homeowners associations organized pursuant to the Community Mortgage Program (CMP) of the Social Housing Finance Corporation, the Land Tenurial Assistance Program and similar programs of the National Housing Authority (NHA) and other government housing programs under the auspices of the Presidential Commission on the Urban Poor, Local Governments and other duly authorized National Government Agencies.

SECTION 2. Documentary Requirements. — The following documents shall be required for the registration of homeowners associations availing of government housing programs:

(a) Articles of Incorporation/Association which shall be signed by all incorporators, which shall be not less than five (5) nor more than fifteen (15) members, on every page thereof including the acknowledgment page.

(b) By-Laws of the Association which shall likewise be signed in each and every page thereof by all the incorporators as stated in the Articles of Incorporation/Association.

(c) Board Resolution adopting the Code of Ethics and Ethical Standards for Officers and Board Members of the Homeowners Association.

(d) Incorporators' Resolution stating that:

(1) The Incorporators have appointed a representative who is thereby authorized to do and perform any and all acts necessary and proper for the registration of the Association;

(2) The Incorporators, through their aforenamed representative, undertake to change the corporate name of the Association in the event that another homeowners association has already acquired a prior right to the use of said name or one similar to it; and,

(3) The Incorporators, through their aforenamed representative, agree to any change or alteration in any of the provisions stated in the Articles of Incorporation and/or By-Laws which may be contrary to law, good customs and public policy, and as may be directed by the HOA unit officer.

(e) Certification issued by the concerned government agency attesting to the following:

(1) The name and principal address of the Homeowners Association;

(2) The List of Members and Officers with their address and/or contact numbers;

(3) The Location or Territorial Jurisdiction of the HOA; and

(4) There is no other Homeowners Associations existing in the same project or proposed project.

SECTION 3. Special Procedure for Registration. — The following procedure shall be followed in the processing of registration of homeowners associations within the coverage of this Guidelines:

(a) Filing of Application for Registration (1 working day)

(1) Submission of required complete documents

(2) Verification of corporate name

(3) Evaluation of the completeness of the documentary requirements

(4) Issuance of Order of Payment of registration

(5) Payment of Registration Fees

(b) Evaluation of documents (3 working days)

(1) Authentication of Certification

(2) Evaluation of the documentary requirements for correctness and compliance to RA 9904

(c) Issuance of certified copy of Certificate of Incorporation (1 working day)

(1) Preparation of Certificate of Incorporation/Registration

(2) Signature of HOA Unit Head and the Regional Officer

(3) Inscription in the Book of HOAs of particulars of certificate of incorporation/registration

SECTION 4. Original Certificate of Incorporation/Registration. — The original copy of the Certificate of Incorporation/Registration shall be immediately released upon the submission of the following documents:

(a) Copy of certificate of registration for taxpayers identification number (TIN) from the Bureau of Internal Revenue, which shall be compared with the original for authentication; and CAIHTE

(b) Cash Disbursement Book, Cash Receipt Book, Ledger and Journal of the Association as stamped by the Bureau of Internal Revenue for stamping by the HLURB.

SECTION 5. Separability Clause. — If any provision of this Guidelines is declared invalid or unconstitutional, the remainder thereof shall remain valid and subsisting.

SECTION 6. Repealing Clause. — All other issuances, rules and regulations, or parts thereof inconsistent with this Guidelines are hereby repealed or modified accordingly.

SECTION 7. Effectivity. — This Guidelines shall take effect immediately upon its approval.

APPROVED, this 12th day of October 2016, Quezon City.

The said resolution was published in The Philippine Star on 26 April 2017, and, in accordance with the provisions of law, will take effect fifteen (15) days from its date of publication, on 11 May 2017.

Please be guided accordingly.

(SGD.) LLOYD CHRISTOPHER A. LAOChief Executive Officer and Commissioner