The Securities and Exchange Commission (SEC) is the government agency responsible for regulating all types of corporations, partnerships, and associations doing business in the Philippines. It is also responsible for formulating policies and recommendations on issues concerning the Philippine market.
Can you refuse to join a Homeowner's Association? The short answer is yes. Under the law, all homeowners are qualified to join a HOA, but they are not required or mandated to be members. Membership is optional unless it's stipulated in the Deed of Sale or relevant documents are annotated in the title of the property.
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.
REGISTRATION OF HOMEOWNERS' ASSOCIATION As far as practicable, only one (1) homeowners' association shall be established and registered with Housing and Land Use Regulatory Board (HLURB) in each subdivision. It is mandatory for all associations to register solely with the HLURB.
Statutory Basis: RA 9904 (Magna Carta for Homeowners and Homeowners Associations) and its IRR grant HOAs the right to impose and adjust reasonable fees and assessments. Procedure: Increases require: A board resolution. Proper notice to members.
— 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.
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.
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.
The Housing and Land Use Regulatory Board (HLURB), now part of the Department of Human Settlements and Urban Development (DHSUD), is the primary regulatory body overseeing homeowners' associations in the Philippines. One option for seeking redress is to file an administrative complaint with the DHSUD.