Homeowners Association
Magna Carta for Homeowners' Association
HOA Guide
HOA Procedures of Services
ISSUANCE OF A CERTIFICATE OF REGISTRATION / FILING OF AMENDMENTS / DISSOLUTION / ENROLLMENT OF A HOMEOWNERS’ ASSOCIATIONS AND ISSUANCE OF CERTIFICATIONS AND CERTIFIED TRUE COPIES
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.
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Flowcharts of Procedures
* 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
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HOA Requirements for registration
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)
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HOA Post Registration Requirements
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
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HOA Documentary Requirements for Amendments
DOCUMENTARY REQUIREMENTS FOR AMENDMENT OR REVISION OF THE ARTICLES OF INCORPORATION AND
BY-LAWS OF HOMEOWNERS’ ASSOCIATIONS
* Formalities – Retype Articles of Incorporation and/or By-Laws, incorporating and underlining the particular revisions or amendments. No new signature should appear therein, just indicate the word “SGD” before the typewritten names of the original incorporators.
* Board Resolution – Board Resolution regarding the amended provision/s of the Articles of Incorporation and/or By-Laws as the case may be, signed by majority of the Board of Directors.
* Minutes of the Meeting of the Board of Directors – Minutes of the meeting and the date when and where the said amendments to the Articles of Incorporation and/or By-Laws were taken up and approved by the majority of the Board of Directors.
* Minutes of the Meeting of Members – Minutes of the meeting and the date when and where the said amendments to the Articles of Incorporation and/or By-Laws were taken up and approved by two-thirds (2/3) vote of the members of the Association.
* Notarized Director’s Certificate – Director’s certificate attesting that the Board approved the amendments to the Articles of Incorporation and/or By-Laws by majority vote of the Board of Directors of the Association.
* Notarized Secretary’s Certificate – Secretary’s certificate embodying the amendments to the Articles of Incorporation and/or By-Laws as the case may be with statement that the same had been approved by the two-thirds (2/3) vote of the members of the Association and majority of the Board of Directors.
* Homeowners Printed Names and Signatures – Printed names and signatures of all homeowners who have approved the amendments to the Articles of Incorporation and By-Laws.
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HOA Reportorial Requirements
SUBMITTED HOMEOWNERS’ ASSOCIATION REPORTORIAL REQUIREMENTS
***Prepare in 2 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
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HOA Forms
Application Forms for Regular Registration
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Application Forms for CMP Registration
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List of Registered Homeowners Association
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