PEPU8LIC0FTHEPHILIPPINES

Department of Human Settlements and Urban Development

DEPARTMENT CIRCULAR NO. *= -

Series of 2020 (November , 2020)

TO ALL CONCERNED

FROM THE SECRETARY

SUBJECT : AUTHORIZING AND PROVIDING GUIDELINES FOR THE USE

OF ALTERNATIVE MODES OF CONDUCTING MEETINGS
AND VOTING FOR HOMEOWNERS ASSOCIATIONS UNDER
EXTRAORDINARY CIRCUMSTANCES

RATIONALE/BACKGROUND:

The Department’s Advisory issued on 01 May 2020 directed homeowners

associations, including federations, to cancel all elections, referenda, meetings,
and other association activities and/or events scheduled during the ECQ/GCQ
period and its extensions, without incurring any liability or penalty for such actions
on the part of the incumbent directors who shall continue to serve and perform
their functions in holdover capacity until the election of directors had been cleared
by this Department. With the extension of the State of Calamity in the country due
to the Covid-19 pandemic until 21 September 2021 unless earlier lifted or
extended as circumstances may warrant, it appears that the end of restrictions on
mass gathering is at this point not in sight. It has therefore become imperative
that the governing boards of homeowners associations be afforded a means to
conduct their organizational businesses and meet with their constituents without
being perturbed by the limitations of their bylaws on the manner of conducting
these meetings. Further, there are now mounting clamors from association
members that elections be already allowed in order to avoid unduly extending the
term of office of their board members. These guidelines, providing for alternative
modes of conducting meetings and voting exercises such as in elections, are
intended to address these concerns.

RULE I
OBJECTIVES, COVERAGE AND DEFINITION

Section 1. Od/ecfiv'es.

1. To provide homeowners associations, neighborhood associations,

federations and other umbrella organizations of homeowners
associations alternative modes of conducting meetings and
voting under extraordinary circumstances in cases where their
bylaws do not provide for the same.

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DHSUO Building, Halayaan Avenue corner Mayaman Street, Diliman, guezon City Email: info@dhsud.gov.ph gf V @DHSUGgovph
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2. To ensure that qualified members are given an accessible voting

mechanism or system that will allow them to participate in
matters requiring voting and to cast their votes in a convenient
manner without compromising the sanctity of these votes during
extraordinary circumstances.

3. To enable officers and Board of Directors of homeowners

associations, neighborhood associations, federations and other
umbrella organizations of homeowners associations to virtually meet
under extraordinary circumstances in order to continuously
perform their functions/mandates and provide essential services.

4. To enable and encourage the active participation of all

association members despite the prohibition against mass
gatherings due to the pandemic, and other extraordinary
circumstances where, upon the determination of the Board of
Directors, a physical/face-to-face general assembly or meeting,
election or voting is rendered difficult, impossible or would result
in the undue non-participation or disenfranchisement of some of
the members.

Section 2. Coverage. These guidelines shall cover all homeowners

associations, neighborhood associations, federations and other umbrella
organizations of homeowners associations. They shall hereafter be collectively
referred to in these guidelines as "homeowners associations" or *HOAs.”

Section 3. Oeffnf1on of lezms.

a. ALTERNATIVE MEETING or VOTING MODES — refers to

unconventional manners or modes of conducting meetings,
elections and other voting exercises as substitute for personally
or physically convening or gathering the directors, officers and/or
members to meet or vote together on-site in a single location or
venue, by employing any or a combination of remote means of
communication such as but not limited to those using the
internet, fixed line, mobile cellular networks, and radio, and the
casting of votes through electronic systems, applications or
means or through a mobile ballot box.

b. COUNTERFOIL or BALLOT STUB - refers to a part of the ballot

that is tom off upon voting and placed by the voter in a separate
sealed transparent ballot box.

«. ELECTRONIC COMMUNICATION - refers to the transfer of signs,

signals, writing, images, sounds, data, or intelligence of any
nature transmitted in whole or in part by a wire, radio,
electromagnetic, photo electronic or photo optical system*.

! https://deI'initions.usIegaI.aom
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