ON ARTICLES OF ASSOCIATION OF HOMEOWNERS’ ASSOCIATION

After reading, On Articles Association of Homeowner;s Association, read also When can a member of the homeowner’s association become a delinquent?

• The Articles of Association of Homeowners’ Association must state the full association name

• It must also specify the purpose or purposes of the association

• Said Articles of Association may be amended by a majority vote of the board of directors or trustees

T he Articles of Association is among the governing documents of a Homeowners’ Association.

What should be contained in the homeowners’ Articles of Association?

The law says:

The Articles of Association shall substantially contain the following matters:

1. Full association name;

2. Specific purpose or purposes for association. Where the association has more than one stated purpose, the articles of association shall state the primary and secondary purposes;

3. Complete office address;

4. Term of existence of the association not exceeding fifty (50) years;

5. Names, nationalities and residences of the incorporators;

6. Number of directors or trustees, which shall not be less than five (5) nor more than fifteen (15) directors or trustees;

7. Names, nationalities and residences of persons who shall act as directors or trustees until the first regular directors or trustees are duly elected and qualified;

8. Amount of capital, if any, and names, nationalities and residences of the incorporators as well as the amount of contributions by each; and

9. Such other matters not inconsistent with law and which incorporators may deem necessary and convenient.

   May the Articles of Association be amended?

    

   The law says:

    

   An association may file with the Regional Office of the House and Land Use Regulatory Board (HLURB) a written application to amend its Articles of Association.

    

   The application to amend the Articles of Association shall be accompanied by the following:

    

   1. The articles as amended indicating the amendments/s;

    

   2. Notarized certificate of the board of directors or trustees (“board”) attesting that the amendment was approved by majority vote of the board;

    

   3. Notarized certificate of the secretary of the association attesting that the amendments were approved by a majority vote of the members of the board; and

    

   4. Minutes of the meetings of the board and the General Assembly called for the purpose.

    

   If the application to amend the Articles of Association is not contrary to law or public policy and does not adversely affect any interest, the Regional Office shall issue the appropriate certificate of association.

    

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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