SHFC Anniversary

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SHFC Anniversary

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SHFC Anniversary

  1. 1. TheThe Housing and Land Use RegulatoryHousing and Land Use Regulatory Board (HLURB)Board (HLURB) is one of the key housingis one of the key housing agencies under the umbrella of theagencies under the umbrella of the Housing and Urban DevelopmentHousing and Urban Development Coordinating Council (HUDCC).Coordinating Council (HUDCC).
  2. 2. It is identified as one of theIt is identified as one of the regulatory bodies for housingregulatory bodies for housing and land developmentand land development HOUSING AND LAND USE REGULATORY BOARD
  3. 3. HLURB is clothed with quasi-judicialHLURB is clothed with quasi-judicial authority to expedite adjudication ofauthority to expedite adjudication of violations and complaints against landviolations and complaints against land and housing developmentand housing development HOUSING AND LAND USE REGULATORY BOARD
  4. 4. HLURB has 3-fold functions:  PlanningPlanning  RegulationRegulation  AdjudicationAdjudication
  5. 5. Mandates of HLURBMandates of HLURB A. PLANNINGPLANNING : (EO 648; EO 72; RA 7279) 1. Formulation of Comprehensive Land Use Planning Guidelines 2. Technical Assistance to LGU’s in CLUP preparation. 3. Review of CLUPs. 4. Approval of CLUPs for Highly Urbanized Cities (HUCs), Independent Component Cities (ICCs) LGUs for Metro Manila and Provincial Physical Framework Plans (PPFPs)
  6. 6. Mandates of HLURBMandates of HLURB B. REGULATIONREGULATION: (EO 71; PD 957, 1216, 1344; RA 9904; RA8763 (Sec.26) ; EO 90) 1. Licensing and Monitoring of Subdivision & Condominium Projects 2. Approval of Condominium Plans 3. Registration and Supervision of HOAs 4. Registration of Real Estate Brokers, Dealers and Salesmen
  7. 7. Mandates of HLURBMandates of HLURB C. ADJUDICATIONADJUDICATION: (EO 648; RA 9904, 8763 (Sec. 26)) 1. Disputes between Subdivision Lot or Condominium unit buyer and Developer 2. Homeowners Disputes 3. Appeals from Decisions of Local Zoning Bodies.
  8. 8. Republic Act No. 8736 Pursuant to Section 26 of Republic Act No. 8736, which took effect on March, 2000 the powers, authorities and responsibilities vested in the Home Insurance Guaranty Corporation (HIGC) now the Home Guaranty Corporation (HGC), with respect to homeowners associations under Republic Act No. 580, as amended by Executive Order No. 535 series of 1979 and Presidential Decree No. 902-A, were transferred to the Housing and Land Use Regulatory Board (HLURB).
  9. 9. Republic Act 9904Republic Act 9904 Magna Carta for Homeowners and Homeowners’ Associations Republic Act 9904Republic Act 9904 Magna Carta for Homeowners and Homeowners’ Associations
  10. 10. HLURB MANDATES RELATING TO HOMEOWNERS ASSOCIATIONS AS PER RA 9904 REGULATIONREGULATION  Regularly conduct free orientation for officers of homeownersRegularly conduct free orientation for officers of homeowners associations or deputize another competent agency toassociations or deputize another competent agency to conduct the orientation;conduct the orientation;  Register all associations, federations, confederations orRegister all associations, federations, confederations or umbrella organizations of the associations;umbrella organizations of the associations;  Formulate the rules or manner of verification and validationFormulate the rules or manner of verification and validation of petitions for the removal of director/s or trustee/s of theof petitions for the removal of director/s or trustee/s of the association or dissolution of the board;association or dissolution of the board;
  11. 11. ADJUDICATION  Hear and decide intra-association and/or inter-association controversies and/or conflicts, without prejudice to filing civil and criminal cases by the parties concerned before the regular courts: Provided, That all decisions of the HLURB are appealable directly to the Court of Appeals HLURB MANDATES RELATING TO HOMEOWNERS ASSOCIATIONS PER RA 9904
  12. 12. What is a homeowners association?
  13. 13. Why is there a need to register homeowners’ associations?
  14. 14. To acquire juridical personality To avail of the services of HLURB
  15. 15. Article of Association, duly notarized & signed on each and every page by all the incorporators (5 to 15) accompanied by the following: 1) Notarized undertaking by the association to: a) Change the name of the association in the event that another persons, firm or entity has acquired a prior right to the use of the name or one similar thereto; and b) Comply with the rules and regulations of HLURB
  16. 16. 5) Authorization by the incorporation for the representative of the association to transact/follow- up its registration application with the HLURB 6) Approved Subdivision/Development Plan indicating the area covered 7) By-laws duly notarized & signed on each and every page by all the incorporators (5 to 15
  17. 17. If application is a self-help housing project or one undertaken under GLAD, CMP or other similar land tenurial assistance program, the following additional documents must be submitted  Location plan and vicinity map of the project, whether on-site or off-site, duly signed and certified by a geodetic engineer  Notarized list of officers and members stating the nature of their occupancy, whether as owner or tenant  Certified true copy of the original or transfer certificate of title issued not later than 30 days before the date of application  Duplicate original copies of the notarized letter of intent to sell, contract to sell, deed of absolute sale, or MOA between the landowner and association;  List of beneficiaries as certified by the proper settlement office of the LGU or Urban Poor Affairs Office (UPAO)  Certificate of orientation from the SHFC accredited mobilizer  Bylaws of the association as ratified and approved by the members
  18. 18. • SHFC Certification that its is the only proposed association that is seeking to apply for CMP loan in order to acquire the parcel of land • LGU Alteration approval of subdivision plan for HOAs intending to avail of CMP if located within existing subdivisions • For NHA projects, certification that it is the HOA recognized by NHA
  19. 19. HOA Registration Approval Process
  20. 20. Registration Fee Php 1,818.00 Registration of Bylaws Php 780.00 Registration of Article of Association Php 780.00 Registration of Books Php 240.00 UPLegal Research Fee Php 18.00
  21. 21. Number of Incorporators, Directors and Members,
  22. 22. Required Number of Incorporators The number of incorporators shall not be less than 5 nor more than 15 Required Number of Board of Directors The number of Board of Directors shall not be less than 5 nor more than 15
  23. 23. Qualifications of BOD/Officers (Sect. 52, Rule 9)  Must be of legal age;  Must be a member in good standing  Must be an actual resident of the a subdivision, housing or relocation project for at least 6 months as certified by the association secretary or in default thereof, by a member having personal knowledge thereof  Has not been convicted by final judgment of an offense involving moral turpitude  The legitimate spouse of a member may be a candidate in lieu of the member
  24. 24. Maximum Number of Members Maximum Number of Members If the association would avail the Community Mortgage Program and other similar tenurial program, the members shall not be more than 200 members If the association would avail the Community Mortgage Program and other similar tenurial program, the members shall not be more than 200 members None except
  25. 25. Who are Homeowners under RA 9904?
  26. 26. (1) Owner or purchaser of lot in a subdivision/village; (2) An awardee, usufructuary or legal occupant of a unit, house and/lot in a government socialized or economic housing or relocation project and other urban estates; (3)(3) An informal settler in the process ofAn informal settler in the process of being accredited as beneficiary orbeing accredited as beneficiary or awardee of ownership rights under theawardee of ownership rights under the CMP, LTAP and other similar programs.CMP, LTAP and other similar programs. Section 3. RA 9904Section 3. RA 9904
  27. 27. Can there be more than one association in a subdivision or village?
  28. 28. Section 26. Adjudicatory Mechanism in the Registration of Association In case two or more associations are organized within the same subdivision/village and both applied for registration with HLURB, the office shall register only one associationonly one association in accordance with the following guidelines: •The association which submitted first its registration papers and complied with all the requirements of the HLURB shall be registered
  29. 29. Section 26. Adjudicatory Mechanism in the Registration of Association ›In case there are two (2) associations registered with the SEC or HIGC, then the association which was registered EARLIER shall be recognized
  30. 30. Section 26. Adjudicatory Mechanism in the Registration of Association ›In case one (1) of the associations is registered with the SEC and the other with the HLURB, the one earlier registered shall prevail and the registration of the other shall be revoked, provided the requirements under Section 24 are submitted within a period of one (1) year of the effectivity of this rules.  Nothing in this Rules shall prevent the HLURB from taking into consideration other factors in determining whose association shall be registered and recognized.
  31. 31. Kinds of HOA Members •Members in good standing •Members who are not in good standing/delinquent members
  32. 32. Who is a member in good standing?
  33. 33. He is one who complies with his duties as member of his homeowners association
  34. 34. What are the duties of a member?
  35. 35. Duties of a member A member shall have the following duties:  To pay membership fees, dues and special assessments;  To attend meetings of the association; and,  To support and participate in projects and activities of the association
  36. 36. What if a member fails to comply his duties and obligations? All the rights and privileges of a member as provided in Section 11 of the RA 9904 implementing rules and regulations and in the Bylaws will be suspended upon the declaration of delinquency by the Board
  37. 37. What are the rights of a member in good standing?
  38. 38. Rights of a member A member in good standing shall have the right to –  Avail of and enjoy all basic community services and the use of common areas and facilities;  Inspect association books and records during office hours and to be provided upon request with annual reports, including financial statements;  Participate, vote and be eligible for any elective or appointive office of the association subject to the qualifications as provided for in the bylaws;
  39. 39. Rights of a member A member in good standing shall have the right to –  Demand and promptly receive deposits required by the association as soon as the condition for the deposit has been complied with or the period has expired;  Participate in association meetings, elections and referenda, as long as bona fide membership subsists; and,  To enjoy all other rights as may be provided in the by- laws of the association.
  40. 40. Declaring Members asDeclaring Members as DelinquentDelinquent Delisting or Expulsion ofDelisting or Expulsion of Delinquent MemberDelinquent Member
  41. 41. Unless otherwise provided in the by-laws, the following may be declared delinquent by the Board of Directors in accordance with the procedure in Section 14:  A member who has failed to pay three (3) cumulative monthly dues or membership fees, or other charges/assessment despite demands by the association  A member who has repeatedly violated the association’s by-laws and/or declared policies
  42. 42. Board or Committee assigned by Board determines whether a member a)failed to pay at least 3 cumulative monthly dues, fees or other charges, or b)repeatedly or grossly violated the by-laws or policies of the association The President or the designated officer of the association shall notify the said member in writing of the violation and require him to explain in writing, within 15 days from receipt of notice, why he should not be declared delinquent After the lapse of 15 days, with or without a writtenwith or without a written explanationexplanation, the President or the designated officer shall submit the matter to the Board or committee for hearing and deliberation. Thereafter, the member may be declared delinquent by majority vote of all members of the Board. 15 days Treasurer’s Report Assn Book of Records
  43. 43.  The rights and privileges of a member as provided in Section 11 is suspendedsuspended upon the declaration of delinquency by the Board
  44. 44. • The Board shall, by MAJORITY VOTE OF ALLALL MEMBERS, reinstate the membership of the delinquent member, provided that unpaid dues, fees or charges are paid or the sanctions imposed are satisfied. • Nothing in this Rules shall prevent the association from imposing other sanctions against the delinquent member in accordance with the by-laws.
  45. 45. Waiver of Rights Default in Payment Violation of By-Laws
  46. 46.  In cases of CMP, GLAD and other similar landCMP, GLAD and other similar land tenurial projects/arrangementstenurial projects/arrangements, the resolution delisting/expelling members from the association, and the corresponding substitutions, if any, shall be submitted to the HLURB, within thirty (30) days from its adoption. Otherwise, the delisting or expulsion of members shall notnot be enforceableenforceable.
  47. 47. POST REGISTRATION &POST REGISTRATION & ANNUAL REPORTORIALANNUAL REPORTORIAL REQUIREMENTREQUIREMENTSS Prepared by: HOA TEAM
  48. 48. REPORTORIAL REQUIREMENTS :REPORTORIAL REQUIREMENTS : 1.POST REGISTRATION REQUIREMENTS 2. ANNUAL REPORTS 3. ELECTION REPORTS
  49. 49. POST REGISTRATION (Section 43, Rule 8) Within 30 days from the issuance of the Certificate of Registration of the association, the HOA shall submit the following to the Regional Office:  Tax Identification Number  BIR Certification/Official BIR Stamps/ Receipts  Updated Master List of members & their authorized representatives, if any with their corresponding signatures as attested by the association’s incumbent Secretary
  50. 50. BOOKS TO BE KEPT (RULE 8, SECTION 45)BOOKS TO BE KEPT (RULE 8, SECTION 45) Every association shall keep and carefully preserve a record of all transactions and minutes of meetings of the general membership and the board of directors or trustees, setting forth, in detail, the date, time, and agenda, proof of notice, whether the meeting was regular or special, and the significant acts done or ordered in the meeting.
  51. 51. Books Required for Stamping (Section 44, Rule 8) Within thirty days from registration, the association shall submit the following books in blank forms to the Regional Office for stamping or marking as official association books Cash Receipts Book and Cash Disbursement Book Ledger and journal duly registered with BIR
  52. 52. Reminders • The funds of the association shall be kept in accounts in the name of the association and shall not be joined with the funds of any other association, or any person responsible for the custody of such funds. • The outgoing directors/ officers shall turn-over the association books, records, properties and other assets to the new set of officers and directors within 60 days from the election of the new board • Where there is a failure to elect a new set of directors/officers, the incumbent directors/officers shall be allowed in a holdover capacity until their successors are elected and qualified. In no case shall the holdover period exceed two years.
  53. 53. Annual Reports (Section 46, Rule 8) Within ninety (90) days from the close of the fiscal period, the association shall submit to the Regional Office the following books and documents concerning its operations during the preceding accounting period: 1. General Information Sheet detailing the names of the members of the BOD or trustees, including the executive and other accountable association officers; 2. Latest financial statement certified correct by the treasurer and auditor of the association & attested to by the Chairman of the Board /President, and externally audited, preferably, by and independent CPA 3. Certified true copy of the master list of members and the compiled resolutions duly certified by the
  54. 54. Independent Audit; When Necessary (Sec. 71, Rule 11) If, upon evaluation, the Regional Office finds ambiguity or inconsistency in the documents submitted, it may require the BOD of the association to engage, at its own expense, the services of an independent auditor who shall conduct and review the said financial records, and finish the same within 30 days from receipt of the HLURB order. The independent auditor shall be an accredited CPA of the Board of Accountancy and the SEC. Thereafter, the association shall submit the report of the independent auditor If, upon evaluation, the Regional Office finds ambiguity or inconsistency in the documents submitted, it may require the BOD of the association to engage, at its own expense, the services of an independent auditor who shall conduct and review the said financial records, and finish the same within 30 days from receipt of the HLURB order. The independent auditor shall be an accredited CPA of the Board of Accountancy and the SEC. Thereafter, the association shall submit the report of the independent auditor
  55. 55. a. Proof of notice of election together with the secretary’s affidavit stating that the notice of election was posted in conspicuous places inside the community stating the time, date and place of the election; b. A copy of the notice sent to the members or posted in conspicuous places stating the time, date and place of the election; c. Attendance sheet signed by the members and attested by the association’s incumbent secretary; d. Notarized minutes of elections prepared and signed by the Election Committee (ELECOM) who supervised the election of the association; e. Election returns duly certified by the ELECOM who supervised the election of the association and f. Master list of qualified voters as certified by the association’s incumbent secretary and treasurer.
  56. 56. THANK YOUTHANK YOU

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