This By-Laws document contains the following information: the name and location of the corporation, the shareholders, and the duties of the officers.
Homeowners Association Bylaws Template For The Philippines In Clark
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State:
Multi-State
County:
Clark
Control #:
US-00444
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Word;
Rich Text
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FAQ
Generally, it is the laws that were in effect at the time the HOA documents were recorded. Your HOA documents are contracts between the HOA and its members so new laws cannot, generally, be applied retroactively to override them.
Federal Law Supersedes State Law. While a municipality can write local laws they can be stricter than the State law (as long as they do not run counter to the State or U.S. Constitution) But cannot contradict state law.
Homeowners often ask whether local laws supersede the rules and regulations set forth by their homeowner association (HOA). The short answer is yes, local laws do supersede HOA rules.
Under the law, all homeowners are qualified to join a HOA, but they are not required or mandated to be members.
Finally, is an HOA considered a local government? No—HOAs are not considered a local government entity. While they do hold some administrative functions for a community, such as collecting assessments and enforcing rules, they do not possess the authority granted to real government bodies.
— Every association of homeowners shall be required to register with the HLURB. This registration shall serve to grant juridical personality to all such associations that have not previously acquired the same by operation of the General Corporation Law or by any other general law.
SECTION 37. Association officers - Unless otherwise provided in the by-laws, an Association should have the following executive officers who shall be responsible for the management of the Association's business: president, vice-president, secretary, treasurer and auditor.
Philippine laws require all businesses to register with the corresponding government agencies to operate legally in the Philippines. As such, local and foreign enterprises seeking to establish a corporation, partnership, or association in the country must register with the Securities and Exchange Commission (SEC).
In homeowners association cases, the Complaint shall be filed in the RAB which has jurisdiction over the region where the association is registered with the DHSUD.