Under the law, all homeowners are qualified to join a HOA, but they are not required or mandated to be members.
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).
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.
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.
— 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.
"Association" refers to the homeowners' association which is a nonstock, nonprofit corporation registered with the Housing and Land Use Regulatory Board (HLURB), or one previously registered with the Home Insurance Guarantee Corporation (now Home Guaranty Corporation) or the Securities and Exchange Commission (SEC), ...
- Homeowners' associations shall complement, support and strengthen LGUs in providing vital services to their members and help implement local government policies, programs, ordinances, and rules.