THE REALTTORNEY

Insights of a Real Estate Attorney

RA 9904 Can Now Be Fully Implemented

Posted by Atty. Jojo on January 18, 2012

I posted this announcement in my website last October 2011. But, I forgot to post it here.

The HLURB approved last June 24, 2011 the IMPLEMENTING RULES & REGULATIONS of Republic Act No. 9904, otherwise known as the “Magna Carta for Homeowners and Homeowners Association.” For a copy, click on the link above.

To read other articles that I have published recently, kindly go to the REALTTORNEY website.

14 Responses to “RA 9904 Can Now Be Fully Implemented”

  1. teem balgoa said

    Sir,

    I would ike to thank you for the great service you have provided to , as officer and president of our homeowners association this information will surely be of great help to us.

    teem

  2. teem balgoa said

    sir,

    Our board of directors in its meeting would like to impose some tactical moves to have our delinquent members pay their dues, some with over 4 years now. Our bylaws stated non payment of dues for two (2) months shall be declared not in good standing. as the new board for 2012 ,we are planning to send them notices/ demand letters and should they fail to settle their dues after 2-3 notices/demand letters we shall declare them as HOMEOWNERS OF NOT IN GOOD STANDING, and the penalties we will impose is to request them an identification papers every time they enter into our village. (to antagonize or inconvenience them) do we have the power to implement this? thank you

    Teem

    • Atty. Jojo said

      Hi Teem,

      Congratulations on your election as President of your HOA.

      Kindly review past Board resolutions passed by prior BOD and check if they had listed the things that can be done to Homeowners who have been declared as “not in good standing.”

      You are on the right track and I applaud you in your efforts except for the last part which is quite bothersome and hard to implement. Your private security force may be wasting its time waiting and identifying the delinquent Homeowners as they go in and out of the gates of your Village.

      Under RA 9904, the HOA has the right to impose sanctions on members who are not in good standing. If your HOA has control of the water facilities then you can temporarily cut the water facilities until the errant members pays his/her unpaid dues.

      RA 9904 allows you to withhold other services to the non-paying members. You can stop collecting his/her garbage. However, I don’t know how long you can do that without affect the neighbors who are members in good standing. Be creative. Discuss this during the next meeting of the BOD. Brainstorm on the solution and I guarantee that you will come up with excellent solutions. Just remember to issue the proper Board Resolution and circulate it in the entire village before you start writing and sending out notices/demand letters to the delinquent members.

      Good luck and God bless,

      Atty. Jojo

      • ABb said

        Thank you, I was been an elected public officials of our community for nine (9) long years as Members of our Sanggunian Bayan, and i have serve my village for nine (9) long years as President of our village,I don’t know how I can I explain these.They have given me another chance to serve my village, Now I WOULD LIKE TO KNOW. how can I BE of help to my village>

      • teem said

        Dear Atty. Jojo,

        Just the other day, I have received a notice coming from Manila Water informing us that they will now proceed with collections of our shares on a 70-30 (homeowners-manila water) sharing for the installation of water pipe lines which they constructed to replace our old existing water pipe line connection provided by the developer. Now I would like to know if it is really our duty to pay such water pipe installations? Our village was turn -over to our municipal government way back in 1986, and i have some information that for a turn over subdivision these water pipe installation are provided by Manila water for free. Is my information correct ? What are the requirements? Thank you Sir, I hope you can enlighten us to save us from unnecessary burden. The water pipe line installations was finished sometime in 2007, and its only now then that they are trying to collect the said transaction.

        Thank you and regards.

        teem

      • teem said

        Good day Sir,

        Just the other day ,I received a notice from Manila Water informing us that they will now proceed with the collection for the installation of water pipe laying connections which they constructed in 2006. The contract was entered by our previous Board of Directors on a 70-30 sharing (homeowners-manila water). There was no MOA presented to us , and the supposed terms of payment that was agreed upon according to their agreement was for a 24 equal payments, but now in their notice they made it up to 36 equal payment ,after almost 5 years from the date it was finished.
        I have gathered some information that in some villages that is already turn-over to the local government , the pipe laying installation are not charge to the homeowners, and I am surprised that in our case we are being charge to which we have already turned over our village since 1986 .
        Sir, may we know if this practice is really applicable to us . Thank you and more power to you.

        teem

      • ABb said

        thank you sir for the information which I appreciated very much, it gives me a legal reason to be more persuasive and aggressive to act and implement what is due for us as officer of the village.
        I will be communicating with you always.

        teem

  3. teem said

    Dear Atty. Jojo,

    with reference to the rights and powers of the Homeowners associations stipulated in the Magna Carta for Homeowners and Homeowners Associations or Republic Act 9904 which says: Regulate the use, maintenance, repair, replacement and modification of COMMON AREAS cause improvements to b part of the common area. Provided that the aforementioned do not contradict the provisions of the approved subdivision plan.
    May I know if the area or piece of property under the National Power Corp. (NTC) transmission lines can be classified as a common area. In our subdivision development plan, this area is a part of the whole subdivision lot bought by the developer to different property owner consisting a total lot area of less than ten (10) hectares. The area under the NPC transmission lines were not sold by the developer and was left open, which accordingly there is a law prohibiting to construct any kind of housing building that fall under the high tension transmission lines.
    Our village was already turn over to our local municipality, and the lot owners that have bought a lot besides these open space under the high tension transmission lines have been using for over 25 years now and even constructed fences along its perimeter lines.They also constructed some rest house for their personal benefits.
    Atty. the present BOD are planning to use these space for some projects in cooperation with our Municipal government, do we have the authority to secure these property and have it used for the benefits of our homeowners. What shall we do if the present occupants resist ?
    We shall appreciate so much your legal advice.
    Thank you and more power to you.

    teem

  4. Crissy said

    Sir,

    Good day!!

    Our HOA was formed two years ago and the village was turned over just recently. They advised us that we are now going to pay our monthly dues. I inquired from the Property Manager about the HOA and I was told that the Association is already registered with the HLURB. But when I asked about the by-laws he told me that it Is still in process or they are still preparing it . I just want to ask if it is mandatory for the HOA to submit its by-laws before they can be given the certificate of registration by HLURB? Can the HOA collect monthly dues from the members even if it is not registered yet to the HLURB?

    Hope you can enlighten me regarding this matter.

    Thank you very much and more power.

    Crissy 🙂

  5. Efrem said

    I’m so grateful that you made RA9904 available through the net. I have a question which I hope you can be of help.In Rule 10Elections under Section 60 Hold-Over it states that hold-over officers should not exceed two (2) years. When will the start of the 2 years counting from the last election held or upon approval or implementation of RA9904. What is the process to be done to disqualify the officers who have been hold-over for three (3) years. Out of five elected only three remaining as over three (3) years the two were just appointed in 2010 and 2011 respectively. Our last election was on May 23, 2009 and in 2010, 2011, and lately May 19, 2012 there were failure of election for lack of quorum. Again thanks for everything. God bless.

  6. Arnel said

    Hi Atty Jojo,
    Kindly give opinion on IRR-RA9904 Section 52. Qualifications of Officers. – A director and officer of an association –
    Six (6) of the nine (9) directors of our present board are NON-RESIDENTS of our subdivision. They are claiming that the qualifications stated in this section is only applicable to “a director and at the same time an officer” thus, not applicable to directors not holding an executive post. We recognize that perhaps to simplify the wordings of the rule, it may have been constructed that way and may result to such interpretation. However, as we also are aware that the rule is a copy from HLURB Res 770 Framework of 2004 Sec. 60 Qualifications – under Art XII. PROVISIONS COMMON TO DIRECTORS AND OFFICERS, which by context clearly means ALL directors and ALL officers must pass such ACTUAL RESIDENCY qualification. Your help will be greatly appreciated and God bless!
    ///Arnel

  7. lola Momsy said

    Dear Attorney Jojo,

    Anu po and dapat gawin ng homeowners kung na discover nila na ang implementing monthly dues & other fees ay hinde tugma sa articles of incorporation & by-laws ng association at inde warranted by members of the association, dapat po bang ma expelled ang board of directors sa ganitong issues? please REPLY. Thanks.

    Lola Momsy

  8. lola Momsy said

    Meron po bang karapatan ang property manager ng developer na maki alam sa HOA implementing rules kahit hinde pa siya hired ng HOA pero siya ang gumawa ng proposed expenditures list against income ng HOA that arrives to a certain amount of implementing unreasonable monthly dues that was approved by HOA board at hinde warranted by homeowner members? legal po ba ang system na ito? please REPLY. thanks

  9. lola Momsy said

    Legal po ba ang ginawang election ng HOA board of directors…referring to Developer’s votes accounted for un-sold properties and only 47% ang move-in & properly turn-over homeowners? legal po bang isama ang votes ng developer? Pwede po bang gamitin ang issues na ito para ma expelled at palitan ang board of directors? The President of HOA denied verbally the request of homeowners for a “homeowners general assembly meeting” for clarification of these issues for his reason na baka “Ma mob sia ng mga galit na homeowners” that was done during the last meeting with homeowners due to his speech na ang inde mag bayad ng monthly dues ay hinde kukunin ang basura at i pa stamp ang mga titulo ng bahay at lupa ng homeowners (very un-reasonable alibi). Please REPLY.

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