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eligibility of foreigners to hoa presidency / officership

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Arresto Menor
Rosewood Village is a subdivision located at Niog 2, Bacoor, Cavite. I wrote to clarify if foreigners are eligible to hold any position in the HOA organization. There is no restriction on our By-laws that states otherwise. But it conflicts with the Real Estate Law on Foreign Ownership of Land that states "foreigners are not allowed to own real property", therefore, they are not co-owners of the lot of their legal spouse, hence, not a homeowner.

We are presently having legal issues in our village because the board of directors has reelected a foreigner (American Citizen) as President and some people are now questioning his eligibility. Subject-foreigner is legally married to a Filipina and both are long-time residents of our village.

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Arresto Menor
is there any HLURB ruling on this? where can i find it so i could have it printed as reference, if any?

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Arresto Menor
hindi po kaya nakapangalan sa asawang filipina ang property?

ergo, si filipina-wife ang member (dapat good standing)

and in the bylaws baka po may nakalagay na yung legal spouse can be a candidate in lieu of the spouse..

sa IRR for RA 9904 po nakalagay

"The legitimate spouse of a member may be a candidate in lieu of the member."

kandidato si member, but instead (in lieu) of her, si legitimate spouse na lang.

Last edited by konsingkit on Thu Apr 04, 2013 12:11 am; edited 1 time in total (Reason for editing : emphasis)

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