ON BY-LAWS OF HOMEOWNERS’ ASSOCIATION

After reading On by-laws of Homeowners’ Association, read also When can a member of the Homeowners’ Association become a delinquent?

• By-laws refer to rules of action adopted by the association for its internal government

• The by-laws of an association should be adopted by a simple majority of all the members

• The by-laws should provide for the rights, duties, and obligations of members

B y-laws refer to the rules of an action adopted by the association for its internal government and for the government of its members and those having the direction, management and control of its affairs in their relation to the association and as among themselves.

The by-laws of an association shall be adopted by a simple majority of all the members of the association regardless of standing.  What should be contained in the by-laws of the association?

The law says:

The by-laws of a homeowners’ association shall provide for the following:

1. The rights, duties, and obligations of members;

2. The circumstances under which membership is acquired, maintained, and lost;

3. The schedule, venue, and manner of conducting the regular, special, and emergency meetings of the general membership, the required quorum, and allowable proxies in such meetings;

4. The number, qualifications, powers and duties, terms of office, manner of electing and removing the board and filing of vacancies in the board: provided, that the term of office of the members of the board shall not exceed two (2) years;

5. The qualifications, positions, duties, election or appointment, and compensation of other officers and employees of the association: provided, that the term of office of the other officers shall not exceed two (2) years: provided, further, that no other officer of the association holding a rank of director or trustee shall be entitled to any compensation;

6.  The schedule, venue and manner of conducting the regular, special, and emergency meetings of the board, the required quorum, and allowable proxies in such meetings;

7. Such powers that the board may delegate to a managing agent, if any, or to other persons;

8. The officer/s authorized to prepare, execute, certify and record amendments to the governing documents on behalf of the association;

9. The grounds and procedure for removal of director or trustee, and the manner of filling up vacancies in the board;

10. The grounds and procedure for dissolution of the board, and the manner of reconstituting the board;

11. The actions for limiting, broadening or denying the right to vote, and its extent;

12. The designation of the presiding officer at meetings of directors or trustees and members;

13. The time for holding the regular election of directors or trustees and the mode or manner of giving notice in relation to such election;

14. The creation of election, grievance and audit committees, and such other committees which the association may deem necessary; as well as a conciliation or mediation mechanism for the amicable settlement of disputes among members, directors or trustees, officers and committee members of the association;

15. The dues, fees, and special assessments to be imposed on a regular basis, and the manner in which the same may be imposed and/or basis, and the manner in which the same may be imposed and/or increased;

16. The procedure in the adoption, amendment, repeal and abrogation of the by-laws;

17. The list of acts constituting a violation by its officers and the its corresponding penalties;

18. The penalties for violation of particular provisions of the by-laws; and,

19. Such other matters necessary for the proper or convenient transaction of its corporate business and affairs.

    May the by-laws of a homeowners’ 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 by-laws.

    The application to amend by-laws shall be accompanied by the following:

     

    1. The original and the amended or new by-laws;

     

    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 by-laws is not contrary to law or public policy and does not adversely affect any interest, the Regional Office shall issue the appropriate

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