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HOA By-Laws or IRR of RA No. 9904? Which is the Authority?

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Arresto Menor
Hello Attorneys. One homeowners' group/party is currently contesting the results of our recently concluded HOA BOD election on the basis of the voter proxy forms being not notarized.

This is our 5th annual HOA BOD elections and we have always accepted un-notarized voter proxy forms as long as they were signed by the homeowners and a photocopy of their ID was attached.

Prior to the start of the campaign period, in a meeting called by our HOA Comelec, 20 (out of 25) BOD candidates present also agreed not to require notarization of voter proxy forms.

The complaining group is now citing a section in our HOA By-Laws which states that the voter proxy form needs to be notarized.

However, IRR of RA No. 9904 does not state any notarization required for voter proxy forms.

Which should we follow on this one? The HOA By-Laws or IRR of RA No. 9904?

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