— 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.
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.
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.
Republic Act No. 8763 (March 7, 2000) transferred the powers of the Home Guaranty Corporation (HGC) over concerned Homeowners Association (HOAs) to HLURB. The Housing and Land Use Regulatory Board (HLURB) is government's regulatory body for housing and land development.
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. (Rule 2, Section 7, Rules of Procedure of the Human Settlements Adjudication Commission).
Petitioner invokes the amendment of the Tax Reform for Acceleration and Inclusion (TRAIN) Law, which expressly provides that "association dues, membership fees, and other assessments and charges collected by homeowners associations and inium corporations" are Value-Added Tax exempt.
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.
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.