Homeowners Association

• HOA Schedule of Fees
• 2004 Rules of Procedure

Highlights
R-802 - Amending Rules III and X of The 2004 Rules of Procedure to Incorporate Rules on Mediation

• Framework for Governance
• Rules on Registration

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 OF SERVICES
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• 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 stands for HomeOwners' Association

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

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.

SUBMITTED HOMEOWNERS’ ASSOCIATION REPORTORIAL REQUIREMENTS
***Prepare in 3 Typewritten Copies, submitted within forty-five (45) days after the election ***

Annual Report

• General information sheet (notarized)
• Most recent audited financial statement
• Masterlist of members / qualified beneficiaries as certified by the assisting government agency
• Minutes of Elections
• Attendance sheet signed by the members and attested by the secretary
• Notarized report of the committee of the Homeowners’ Association which supervised the election
• Proof of notice of election to the members
• Election returns duly certified by the Association’s Committee on Election
• Masterlist of qualified voters
• Minutes of Meeting for the Election of Officers

NON-HOLDING OR POSTPONEMENT OF REGULAR OR SPECIAL MEMBERSHIP MEETING OF ELECTION - executed by the secretary of the board of directors and attested to by the president, the following documents are submitted within five (5) days from the date of the scheduled meeting or election in case a regular or special membership meeting or election is not held or is postponed

• Notice of postponement of the regular or special membership meeting
• Affidavit of non-holding of regular membership meeting stating valid reasons therefor
• Affidavit of non-holding of regular election stating categorically the reason why no regular elections were conducted in accordance with the provision of the Association By-Laws

BOOKS FOR STAMPING

• 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

Others

Guidelines for Filling up the Registration Forms

• Articles of Incorporation
• By-Laws
• Undertaking and List of Incorporators
• Information Sheet
• Certification
• Authorization

Guidelines in Filling up Registration Froms

• Articles of Incorporation
• By-Laws
• Undertaking and List of Incorporators
• Information Sheet
• Certification
• Authorization

As of June 2008

Expanded National Capital Region (ENCR)

Metro Manila

• Caloocan City
• Las Pinas
• Makati City
• Malabon
• Mandaluyong
• Manila
• Marikina
• Muntinlupa
• Paranaque
• Pasay City
• Pasig
• Pateros
• Quezon City
• San Juan
• Taguig
• Valenzuela

Rizal Province

• Angono
• Antipolo City
• Binangonan
• Cainta
• Rodriguez, Morong, Montalban, Carmona
• San Mateo
• Tanay, Pililia, Baras
• Taytay
• Teresa

Registered with SEC

Cordillera Administrative Region (CAR)

• Registered with HLURB
• Registered with HIGC