MEMBERSHIP IN THE HOMEOWNERS’ ASSOCIATION

Image Source

Published — July 8, 2021

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

After reading, Membership in the Homeowner’s Association also read Who is a homeowner?

• Every homeowner shall be qualified to be a member of the association

• Membership in the association is optional

• A lessee may become a member of the homeowners’ association

P reviously, we wrote about who may be considered as a “homeowner” under Magna Carta for Homeowners and Homeowners’ Associations. How does a homeowner become a member in the homeowners’ association?

The law says:

Every homeowner shall be qualified to be a member of the association.

Unless otherwise provided in the Contract to Sell, Deed of Sale, or other instruments of conveyance, or annotated in the title of the property, membership in the association is optional.

Is a lessee qualified to be a member of the homeowners’ association?

The law says:

A lessee of a member under a contract with a term of at least one (1) year may qualify to be a member and shall have the rights of a member upon procurement of a written consent or authorization from the owner of the lot or housing unit. Until the written consent or authorization is revoked in writing, the owner of the lot or housing unit is deemed to have waived the rights of an association member except the right to inspect association books and records.

A lessee of a homeowner under a contract with a term of at least one (1) year may qualify to be a member and shall have the rights of a member upon complying with the requirements of membership under the by-laws and the law.

What are the rights of a member?

The law says:

A member in good standing shall have the right to:

1. Avail of and enjoy all basic community services and the use of common areas and facilities;

2. Inspect association books and records during office hours and to be provided upon request with annual reports, including financial statements;

3. Participate, vote and be eligible for any elective or appointive office of the association subject to the qualifications as provided for in the bylaws;

4. 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;

5. Participate in association meetings, elections and referenda, as long as bona fide membership subsists; and

6. To enjoy all other rights as may be provided in the by-laws of the association.

What are the duties of a member?

The law says:

A member shall have the following duties:

1. To pay membership fees, dues and special assessments;

2. To attend meetings of the association; and

3. To support and participate in projects and activities of the 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.

All rights reserved.

---

[email-subscribers-form id=”4″]