WHAT IS MAGNA CARTA FOR HOMEOWNERS AND HOMEOWNERS’ ASSOCIATION?

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Published — July 3, 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.

ALSO READ: On Alteration of Subdivision Plan 

• Association refers to the homeowners’ association which is a non-stock, nonprofit association

• Homeowners’ association must be registered with the Housing and Land Use Regulatory Board (HLURB)

• Homeowners’ association may be organized not just by owners of a lot in a subdivision or other residential property but also by lessees of a housing unit

Republic Act No. 9904 otherwise known as the “Magna Carta for Homeowners and Homeowners’ Associations” was passed into law as a means to fulfill the constitutional principles directing the State to encourage, promote and respect nongovernmental, community-based, and people’s organizations in serving their legitimate collective interests.

What is a Homeowner’s Association?

THE LAW SAYS

A Homeowners’ association refers to a non-stock, nonprofit association registered with the Housing and Land Use Regulatory Board (HLURB), or one previously registered with Home Insurance Guarantee Corporation (now Home Guaranty Corporation) or the Securities and Exchange Commission (SEC), organized by:

1. Owners or purchasers of a lot in a subdivision/village or other residential real property located within the jurisdiction of the association;

2. Awardees, usufructuaries, legal occupants and/or lessees of a housing unit and/or lot in a government socialized or economic housing relocation project and other urban estates;

3. Underprivileged and homeless citizens in the process of being accredited as usufructuaries or awardees of ownership rights under the Community Mortgage Program, Land Tenure Assistance Program (LTAP), and other similar programs in relation to a socialized housing project actually being implemented by the national government of the Local Government.

What is a Community Mortgage Program?

THE LAW SAYS

Community Mortgage Program refers to a mortgage housing program of the Social Housing Finance Corporation (SHFC) which assists legally organized associations of underprivileged and homeless citizens to purchase and develop a tract of land under the concept of community ownership.

Also, please note that socialized housing refers to housing programs and projects covering houses and lots or home lots only undertaken by the government or the private sector for the underprivileged and homeless citizens which include sites and services development, long-term financing, liberalized terms on interest payments, and other benefits in accordance with the provisions of Republic Act No. 7279, otherwise known as the Urban Development and Housing Act of 1992, as amended.

How does one become a member of a Homeowners’ Association? A related article will be posted in a few days.

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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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