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2021-003C
PLAN OF FEDERATION
This Plan of Federation executed and entered into on this (day, month and year)
at (place of execution), by and among:
(Association A), a homeowners association duly organized and existing under the
laws of the Republic of the Philippines, with principal office at (address),
represented herein by its President, __________________, hereinafter referred
to as "(reference for Association A)”;
and
(Association B), a homeowners association duly organized and existing under the
laws of the Republic of the Philippines, with principal office at (address),
represented herein by its President, __________________, hereinafter referred
to as "(reference for Association B)”;
TERMS
The Federation shall become effective on (date) following the issuance by the
Department of Human Settlements and Urban Development (DHSUD) of a
Certificate of Incorporation of the Federation subject to compliance.
DHSUD HOACD Form No. 2021-003C
At and after the Effective Date, all of the legal consequences set forth with Rule
VIII of the Revised Implementing Rules and Regulations of RA 9904
(Department Order 2021-007, Series of 2021)shall take effect with respect to
the federation, including the following:
c. Upon effective Federation date, all respective rights, assets and other
properties of the Constituent Associations including but not limited to, all
real and personal properties, contractual rights, licenses, privileges,
property rights, claims, bank deposits, accounts receivables, credit lines,
supplies, equipment and such other assets shall still belong to (Association
A) and (Association B).
f. That by purpose of having a unified goal, this Federation shall adopt the
rights, obligations and powers set forth in its Articles of Incorporation.
g. That there are equal shares of capital from Constituent Associations for its
common fund for projects to be developed by the Federation.
The effectivity of this Plan of Federation shall be subject to the approval of the
Department of Human Settlements and Urban Development.
AGREEMENTS
b. Jointly exert their best efforts to secure the approval of the Federation
and its related transactions from the government authorities.
All fees, costs and expenses relating to only one party shall be borne exclusively
by the party incurring the same. All common costs and expenses shall be equally
borne by each of the Constituent Associations.
SPECIAL PROVISIONS
This Plan of Federation has been approved by the respective Boards of Directors
of the Constituent Associations and shall be submitted to their respective
members for approval in accordance with law and the respective Bylaws of
(Association A) and (Association B); provided, that the approval of this Plan of
Federation by the majority of the members of (Association A) and (Association
B) will constitute an authorization to their respective Board of Directors by
majority vote to amend, modify or supplement this Plan of Federation; provided
further, that such amendment, modification or supplement shall not substantially
change the terms of the Federation.
As soon as practicable after the Effective Date, (Federation Name) shall apply for
and avail itself of the federation incentives or other similar incentives granted by
DHSUD HOACD Form No. 2021-003C
In the event that the Federation is not consummated for whatsoever reason,
each of (Association A) and (Association B), their respective members and
directors shall hold each other free and harmless from any and all liabilities and
damages arising from or incurred by reason of the non-consummation of the
Federation.
Association A Association B