REGISTRATION OF HOMEOWNERS’ ASSOCIATION

After reading Registration of Homeowners’ Association read also When can a member of the homeowners’ association become  delinquent ?

• As far as practicable, only one (1) homeowners’ association shall be established and registered with Housing and Land Use Regulatory Board (HLURB) in each subdivision

• It is mandatory for all associations to register solely with the HLURB

• Upon finding that the requirements for registration are in order, the HLURB shall issue a Certificate of Registration to the applicant.

A s far as practicable, only one (1) homeowners’ association shall be established and registered with Housing and Land Use Regulatory Board (HLURB) in each subdivision, except in cases where the subdivision consists of two (2) or more phases.

What if there are two (2) or more associations applying for registration within the same subdivision?

The law says:

In case two (2) or more associations are registered or applying for registration within the same subdivision, the HLURB shall decide which association shall be registered after the procedures for adjudicatory mechanism are observed.

Please note that it is mandatory for all associations to register solely with the HLURB. All associations whose purpose, among others, is to promote and protect their mutual interest and assist in their community development as homeowners are considered as homeowners’ associations.

What is the procedure for registration of new homeowners’ association?

The law says:

An association shall, upon payment of the prescribed fees, submit to the proper Regional Office of HLURB its Articles of Association, duly notarized and signed on each and every page by all the incorporators consisting of not less than five (5) nor more than fifteen (15) natural persons.

The articles shall be accompanied by the following documents:

a.  Notarized undertaking by the association to –

1. Change the name of the association in the event that another person, firm or entity has acquired a prior right to the use of the name or one similar to the name; and

2. Comply with the rules and regulations;

b.  Information Sheet;

c.  List of the members of the association with the members’ corresponding signatures;

d.  Certification as to the existence or absence of any other association in the subdivision/village; and the name and address of the nearest association, if any;

e.  Authorization by the incorporators for the representative of the association to transact/follow-up its registration application with the HLURB; and

f.  Approved Subdivision/Development Plan indicating the area covered by the association.

Do note that additional requirements may be asked. Nonetheless, upon finding that the requirements for registration are in order, and that the articles of association and by-laws contain the required provisions, the HLURB shall issue a Certificate of Registration to the applicant. The issuance of the Certificate of Registration shall confer upon the association a juridical personality separate and distinct from those of its members.

If the application for registration is incomplete, the same shall be returned to the applicant. If any of the documents submitted are defective, the Regional Office shall notify the applicant of the defective submissions. If the applicant fails to comply with the requirements stated in the notice of deficiency within sixty (60) days from receipt of said notice, the application shall be deemed denied and the documents shall be returned to the applicant.

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