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1 HOA INQUIRY on Mon Nov 25, 2013 4:34 pm


Arresto Menor
1.  In our by-laws, it's indicated that the Board of Directors may from time to time assess and collect from each member, reasonable amounts as may be necessary to fund special community projects for the common good benefit of the association as approved by the majority of the members of the board.  However, together with the copy of the said by-laws submitted to HLURB, there was an attachment:  POWERS AND DUTIES OF THE BOARD OF DIRECTORS.  It was stated in this paper that the Board of Directors can formulate rules and regulations that would ensure the cleanliness and maintenance, peace and security of the compound.  Said rules and regulations shall be ratified by a majority of the members in a general membership meeting.  My question attorney is aren't this two statements contradicting?  It's really confusing.  Which should be followed?   When I asked the Board of Directors to clarify this matter, they just said that i shouldn't be technical and all.

2.  In connection with number 1, the Board of Directors made a resolution last August 2013.  They are going to charge P100 for every vehicle parked in the common area (which is the road).  The money that will be collected will be used to shoulder the payment for the Security Guard Services in our compound, since not all are paying and or cannot pay on time.  We were just surprised that there was a new resolution and that it will be implemented at once.  There was no consultation made on our part.  Is that allowed?  

3.  Is it true that the Board of Directors can do whatever they want to do?  They made a resolution regarding the parking but there's a special exemption for two car-owners who happen to be the nephew and niece of the president of the board.  He said that it was approved by the board of directors.  We think that it isn't fair.  Tama po ba?

4.  Is it true that the board of directors should not be involved in our parking dilemMma?  They said so themselves.  Which I find again contradicting in connection with number 3.  They made a resolution about the parking, and yet they're claiming they should not be discussing such problems anymore.  They said that it should be settled among the homeowners themselves.  We don't have a grievance committee.  So to whom are we going to seek help?    

5.  How long can a president of the board be the president?  Can he be re-elected? For how long? How many terms can he serve?

6.  When we were still a condominium,  one owner has 2 CCT, but has only one dwelling house. During that time, should she pay the monthly dues for both cct?

7.  There are about 8 or 10 homeowners who are not asked to pay the monthly dues, since the board of directors said that such homeowners do not benefit from the security guard and the common areas.  And yet, the said homeowners are allowed to vote.  Is that allowed?  

8.  For special deals and or exemptions made and approved by the Board of Directors, shouldn't these be put in writing and attached to the by-laws and be submitted to HLURB?

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2 Re: HOA INQUIRY on Mon Nov 25, 2013 5:39 pm


Arresto Menor
1. I see no contradiction between the two. In any case, if you want to change by-laws, you need to file an amendment with SEC and not just attach a piece of paper to the original by-laws. In any case, the statements in the attached paper pertains to duties and responsibilities of BOD as permitted by law.

2. It is allowed because it is within the scope of their powers.

3. Yes, as long as it is not contrary to law, public safety, public order, etc.

4. BOD makes resolutions. Implementation lies with the executive and other officers of the company.

5. Please check the By-Laws. It should be provided there.

6. Monthly dues are usually per unit but it can also be in other modes. The company should have rules for this.

7. Please check with By-Laws to determine who are qualified to vote. Check if payment of monthly dues is a pre-requesite to exercise this right.

8. It is of course a very good housekeeping practice if everything is in writing but these are not really required to be attached to the by-laws. As for HLURB submission, anything goes.

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3 Re: HOA INQUIRY on Tue Apr 29, 2014 1:52 am

california west

Arresto Menor
hello sir is there a law about Monthly Dues per sq meter

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