BY-LAWS OF

LESSANDRA SAN JOSE DEL MONTE HOMEOWNERS’

ASSOCIATION, INC.

ARTICLE I
DECLARATION OF PURPOSE

The purposes of this Association are those set forth in its articles of incorporation.
Its primary concern is to facilitate the delivery of adequate social services and
economic advantages for the association to improve the quality of life and well-being of
its members.

ARTICLE II
NAME AND LOCATION

The name of this Association is Lessandra San Jose Del Monte Homeowners
Association, Inc. and its principal office shall be located at Lessandra San Jose Del
Monte Sbd., Brgy. Kaypian, San Jose Del Monte, Bulacan.

ARTICLE III
MEMBERSHIP

Section 1. Member. All registered homeowners, lot buyers/owners, or long-term

lessees and occupants of lots or houses at Lessandra San Jose Del Monte
Subdivision shall automatically become members of the association, provided
however, that long-term lessees and bonafide occupants shall be considered members
of the association, only in case the owner consents thereto in writing.
A lease shall be considered a long-term lease if his lease is in writing and for
period of one year or more.
The right of membership, including the right to vote, shall be exercised by the
head of the family or authorized representative of each homeowner, lot owner/buyer, or
bonafide occupant, of a house or lot. The right to be voted for shall be exclusively
exercised by the lot buyers/owners only and cannot be delegated to any person, agent,
representative, entity or any other person acting in behalf of the lot buyer/owners
unless clearly stated in a Special Power of Attorney.
 Section 2. Members in Goos Standing. A member in good standing is one who
complies faithfully with all the duties and obligations of a member as determined by the
board of directors. He shall enjoy the right to participate and vote during elections and
in all meetings or deliberations of the members.
Section 3. Rights and Privileges of Members. Every member or this
association in good standing shall be entitled to participate in any meeting and vote on
the following matters:
a. Amendment of the articles of incorporation;
b. Adoption and amendment of by-laws;
c. Sale, lease, exchange mortgage, pledge or other disposition of all or
substantially all of the association’s assets;
d. Incurring, creating, or increasing bonded indebtedness;
e. Increases or decreases of association capitalization or dues;
f. Merger or consolidation of the association with another association or other
associations;
g. Investment of association funds in another association;
h. Dissolution of the association; and
i. The use, enjoyment and to benefit from, or take advantage of all the facilities,
amenities and services of the association.
Whenever a house or lot, or two or more houses or lots, are jointly joined, leased,
or otherwise legally occupied, in order to vote the same and where all the co-owners,
co-tenants or lessees, or co-occupants are present and ready to vote, they must agree
on the manner of the voting of the property/ies they own jointly, unless there is a written
proxy signed by all the co-owners, co-lessees, or co-occupants, authorizing one or
some of them or any other person to such house/s or lot/s.
When the property are owned, leased, or occupied in an “and/or” capacity by the
holder thereof, any of the joint owners, lessees, or occupants can vote said
property/ies or appoint a proxy thereof.
Section 4. Duties and Obligations of Members. A member shall have the
following duties:
a. To pay his membership fee, association dues, special assessment and such
other fees which may be levied on him by the association;
b. To participate in important activities or social affairs of the association as may
be determined by the Board of Directors;
c. To attend all meeting, assembly and seminars as may be called by the
association, the Board of Directors or its committees;
 d. To obey and comply with this by-laws and such other rules and regulation as
may be promulgated by the Board of Directors and approved by the majority
of the members;
e. To recognize and respect the position and authority of all the elected and
appointed officers of the association, as well as respect the rights of other
members; and
f. Where the subdivision is one of the phases/segments of a bigger development
by the Developer, its subsidiaries or affiliates, the member irrevocably agrees
to share the amenities, including but not limited to swimming pool, basketball
court, clubhouse and picnic grove, constructed and located by the Developer,
its subsidiaries or affiliates without need for further consent from the member
or the association, it being clear that these amenities are not exclusive to the
members. On the other hand, where amenities are located in the other
phases/segments, the member fully agrees to share the cost of maintaining of
the amenities and/or other related fees.
g. Where the Subdivision includes expansions by the Developer, with residents
and buyers of such expansions, the member irrevocably agrees to share the
use including maintenance costs and profits of the amenities and common
facilities of the Subdivision including membership of residents and buyers of
such expansion. On the other hand, where amenities are located in the
expansion, the member fully agrees to share the cost of maintaining and
profits of the amenities and/or related fees.
h. To respect and abide by the provisions that each and every member has
signed including the Contract to Sell of Deed of Absolute Sale as the case
may be, pertaining to the creation and composition of the Association and of
its Board, which shall form part of this By-Laws.

Section 5. Membership Roll. The association shall keep and maintain under the
custody of the Secretary, a Membership Roll containing the list of all members and
such additional members as may be admitted from time to time, including information
and date, which may be required by the board of directors and trustees.
Section 6. Lien Against Members’ Properties. Any and all unpaid dues and
assessments on members, including all penalties and surcharges thereon, shall
constitute a lien on their respective properties, or voluntary mortgages. Defaulting
members shall likewise be liable for the cost of suit, attorney’s fees and damages in the
event of litigation necessitated to enforce payment of their obligations.
 The Final Notice of Assessment and declaration of delinquent membership as a
result of unpaid dues including charges thereon shall be registered with the Register of
Deeds and annotated in the members/owners’ Transfer Certificate of Title. Non-
payment shall be a cause for the judicial or extra-judicial foreclosure thereof. The
member/homeowner hereby irrevocably grants, cedes and appoints the Association
through the Board of Directors, as his/her attorney-in-fact with the power to foreclose
the lien and sign and execute any and all documents necessary and proper to facilitate
the same in order to apply the proceeds thereof to the payment of association dues or
assessment. The foreclosure shall be, in addition to other lawful options available to
the Association to collect the unpaid dues and other assessments.
In case payment is made by the delinquent member, this shall cause the
cancellation of the annotation of lien in the Transfer Certificate of Title at the cost of
delinquent member. In case of non-payment and eventual foreclosure, delinquent
member shall always have the right of redemption and pre-emption as provided for by
law on judicial and extra-judicial foreclosure.
Section 7. Assignment of Membership Rights, Membership rights may be
assigned by the property owner to his tenants or long-term lessees provided however
that he/she shall remain to be jointly and solidarily liable to the association for violation
of these by-laws or any of the policies, guidelines, rules and regulations of the
association.
In the event that Association dues and other assessments are not paid by the
tenant or lessee, the Association can directly charge and collect the same from the
registered homeowner/member.
Section 8. Delinquent Member. A member who has failed to pay monthly dues
equivalent to one (1) month or membership fee or other assessments as determined by
the Board despite repeated demands by the Association, or has violated the
Associations by-laws and/or declared policies, may be declared delinquent by the
Board of Directors.
a. Procedure in Declaring a Member Delinquent
1. Upon determining that a member has [1] failed to pay monthly dues
equivalent to one (1) month or membership fee or other assessments
as determined by the Board despite repeated demands by the
Association, or [2] has violated the bylaws or policies of the
Association, the member/homeowner shall be notified in writing by
the committee concerned of the board of directors of the possibility of
being declared delinquent as well as the grounds for such declaration
 and a notice of disconnection of his/her services. The concerned
Member/Homeowner shall be given forty eight (48) hours from receipt
of such notice to submit a written explanation as to why he/she
should not be declared as delinquent or to pay his arrears.
2. After a lapse of forty eight (48) hour period without the written
explanation, the Board, by majority vote shall declare a
member/homeowner as delinquent and cut off/disconnect services.
b. Sanctions of a Delinquent Member
From the moment a Member is declared delinquent by the Board, his/her
rights and privileges as a member, are suspended. However, his/her duties
and responsibilities, including the duty to pay membership fees and
Association dues and other assessments, shall subsist. The Board shall
have the right to impose additional sanctions to the delinquent member with
the purpose of instilling into the member the benefits of being a member in
good standing. The Board, by majority vote, may revoke the suspension of
the delinquent member.

ARTICLE IV
FEES AND DUES
Section 1. Membership Fee. Upon the organization of this association, or the
admission of any person as member hereof, every member of the association shall pay
a One Time Membership Fee of Three Thousand Pesos (P 3,000.00) to be paid in a
manner determined by the Board of Directors.
Section 2. Association or Maintenance Dues. Monthly association and/or
maintenance dues per lot shall be collected from every member of the association, in
the amount of Nine Hundred Pesos (P 900.00) for the first two (2) years, subject to
increase as the circumstances may warrant, upon approval by majority of the Board of
Directors and based on a Board Resolution issued by majority of the Board of Directors
and based on a Board Resolution issued thereon, provided, Where developer subsidy
still applies, association dues and other fees shall not be charged to the developer with
regard to unsold lots. In case of the increase of cost of operations due to inflation, the
Board of Directors may, by virtue of a resolution and under reasonable terms and
conditions, implement a system of automatic increase in the Association dues equal to
the consumer price index as published by the National Economic and Development
Authority, provided further, that this resolution shall be ratified by a majority vote of the
members of the Association constituting a quorum in a General or Special Assembly.
 Section 3. Contributions. The association may raise funds for its programs and
activities, through contributions, donation, and/or other forms. Moreover, the board is
empowered to assess and collect reasonable fees to those who make use of the
facilities of the Association or who shall benefit, directly or indirectly, from the services
provided by the Association, whether the user or beneficiary be a member or not.
Section 4. Special Assessments. The Board of Directors may from time to time
asses and collect from each member, reasonable amounts as may be necessary to
fund special community projects for the common good and benefit of the association as
approved by the majority of the members of the board.

ARTICLE V
BOARD OF DIRECTORS
Section 1. General Powers. The business and affairs of the association shall be
managed by a board of directors which shall exercise all the powers of the association.
Section 2. Powers and Functions of the Board.
a. The board shall exercise all the powers granted by these By-Laws and applicable
provisions of the Corporation Law. It shall set down all policies, guidelines, rules and
regulations to be implemented by the officers of the association.
b. The Board is empowered to assess and collect against each member Maintenance
Dues in an amount required for the operation and activities of the association within
reasonable limits. The Maintenance Dues will be payable in full every first five (5)
calendar days of each month, if not paid within the said period, the member shall be
considered delinquent and the amount due shall be charged with an interest of
twelve percent (12%) per annum until fully paid; if not paid within thirty (30) calendar
days from due date, the association shall have the right to take the necessary legal
action following the procedures of delinquent members;
c. The Board shall have the power to prescribe the corresponding penalties for
violation of these By-Laws, its policies, guidelines, rules and regulations which may
consist of, but shall not be limited to, imposition of reasonable fines, loss of voting
rights and other privileges of a member in good standing, and without prejudice to
the correction of the violation by the member. The member shall be directly
responsible for violations committed by his/her household members, guest, or of his
lessee and/or assigns; No limitation, restriction, covenant or condition herein
contained and no rule or regulation hereinafter promulgated shall be deemed to
have been abrogated or waived by reason of any failure to enforce the same,
irrespective of the number of violations or breaches thereof;
d. The board id empowered to appoint or hire an Administrator for the association to
take charge of the operation, management and maintenance of the entire
subdivision;
e. The board may enter into such agreements as it may find necessary and/or
convenient with utility companies (e.g. light, water, cable tv, etc.) to affect a
disconnection of its service with delinquent members.
f. All contracts, agreements and commitments for and in behalf of the association
shall be executed and signed under the authority of the Board by or through the
president or other duly authorized officer of the association.
Section 3. Number of Directors or Trustees. The Board of Directors shall be
composed of five (5) members.
For purposes of exigency, the Incorporators named in the Articles of
Incorporation shall serve until their successors are elected and have qualified, pursuant
to the Contract to Sell and or Deed of Absolute Sale signed by the member with the
Developer.
Section 4. Qualifications of Directors. A Director must be of good moral
character, and with no criminal record or whatsoever. Furthermore, a Director shall be
a “member of good standing” for the duration of his tenure as such. Loss of standing
shall mean automatic removal from the Board.
Section 5. Nomination. Not less than seven (7) calendar days nor more than
fourteen (14) calendar days before the yearly meeting at which the Directors are to be
elected, any ten (10) or more members, may, by written petition, nominate candidates
to the Board and post the name in the bulletin board of the association.
Section 6. Election and Term of Office. Directors in the seats designated for
election shall be elected by secret ballot at the general or special meeting of the
members of the Association where there is quorum. The Directors so elected shall hold
office for a term of two (2) years until their successors are elected and qualified.
Section 7. Removal of Directors by members. Through a signed petition of
majority of members in good standing, subject to validation and verification by the
HLURB, an elected director may be removed for just cause. Any vacancy thus created
shall be filled by the conduct of a special election without need of compliance with the
preceding provisions with respect to nomination. The director so elected shall serve the
unexpired term of the elected Director so removed. To ensure that no
collapse/dissolution shall take place, an interim Director may thus be appointed by the
remaining Board of Directors who shall sit as Director until a permanent replacement
has been elected and qualified.
 Section 8. Vacancies. Except as herein above provided, and by the Contract to
Sell and/or Deed of Absolute Sale, any other vacancies occurring in the Board either
by resignation, death or incapacity, shall be filled by the conduct of a special election
without need of compliance with the preceding provisions with respect to nomination.
The director so elected shall serve the unexpired term of the elected Director who
resigned, died of incapacitated. To ensure the possibility that no collapse shall take
place, an interim Director may thus be appointed by the remaining Board of Directors
who shall sit as Director until a permanent replacement has been elected and qualified.
The director so elected shall serve the unexpired term(s) of the resigning, incapacitated
or deceased director(s).
Section 9. Regular Meeting of the Board. A regular meeting of the Board shall
without notice be held immediately after the yearly meeting of the members. A regular
meeting of the Board shall also be held every First Saturday of each month at the
principal office of the association or at such places as may be agreed upon or
convenient to them and no notice thereof shall be required.
Section 10. Special Meeting of the Board. Special Meeting of the Board may
be called by the President of majority of the members of the Board and it shall
thereupon be the duty of the secretary to cause the notice of such meeting to be sent
to each director a least three (3) calendar days before the meeting.
Section 11. Quorum. A majority of Directors shall constitute a quorum at any
meeting of the Board and the decision of the majority of those present in a meeting
shall be considered as an act of the Board and shall be valid and binding upon the
association.
Likewise, a majority of the members present in a general or special meeting shall
constitute a quorum and only then can they deliberate and vote on any matters to be
discussed therein.
Section 12. Compensation. The Directors shall not be entitled to any form of
compensation e.g, per diem and/or honoraria. Officers and Directors at the same time
shall likewise be prohibited from receiving compensation in any form.
Section 13. Dissolution. The Board may be dissolved by the members of the
association by a 2/3 vote of the members in a general or special assembly and a
certification of approval by the HLURB.
ARTICLE VI
OFFICERS
 Section 1. Officers. The officers of the association shall be the President, Vice-
President, Secretary, Treasurer, Auditor, and such other offices as may from time to
time be determined by the Board. No one shall act as president and secretary pr as
president and treasurer at the same time. These officers shall take charge of the
normal day-to-day operation and shall execute the policies, rules and regulations of the
Board.
Section 2. Election and Term of Office. The officers mentioned in Section 1
hereof shall be elected by the members of the Board of Directors among themselves in
a meeting immediately after the general assembly convened for their election, while
additional officers may be appointed by a majority vote of the members of the Board for
a term of two (2) years and until their successors shall have been elected and
qualified. If the election of officers cannot be held at such meeting, the election shall be
held thereafter as soon as it is convenient and practicable.
Section 3. Compensation. The officers of the association who are not members
of the Board may not receive such honoraria or compensation of any kind.
Section 4. Removal of Officers. Any officers of the association may be removed
by a majority vote of the members of the Board constituting a quorum whenever in its
judgment the best interest of the association will be served.
Section 5. President. The President shall be elected by the Board of Directors
from their own numbers. He shall exercise such powers and performs such duties
incident to his office and such other duties as may from time to time delegated to him
by the Board. Among others, the President shall:
a. Preside at all meetings of the members of the members and of the Board of
Directors or trustees;
b. Manage the over-all operations of the association, execute and implement all
policies, guidelines and directives that the Board may adopt from time to time;
c. Oversee the normal daily affairs of the association, supervise the proper
operation and maintenance of the subdivision facilities and utilities and ensure
the proper and timely delivery of services, monitor/oversee all association
activities and projects, and ensure strict compliance of member with all the
rules and regulations;
d. Represent the association in all activities to which it is a party or participant,
and enter into and execute all contracts or any document in the name of the
association by authority of the Board;
e. Countersign all checks, drafts, notes and orders for payment of money or
against funds of the association wherever they may be deposited;
 f. Hire and/or engage the services of any person or entity and terminate said
services, both subject to the approval of the Board;
g. Prepare, in consultation with appropriate officers and committees, a yearly
program of activities and submit an annual report of the operations of the
association to the members at the annual meeting, and to the board of
directors such statements, reports, memoranda and accounts as may be
requested by the latter; and
h. Exercise the power to create additional committees as necessary;
i. Perform other duties as may be directed by the Board from time to time.
Section 6. Vice-President. The Vice-President shall be elected by the Board of
Directors from their own number. He shall be vested with powers and authorities of,
and required to perform all of the duties of the President during his absence or
incapacity of the latter for any cause, and he shall also perform such other duties as
the Board of Directors from time to time assign to him.
Section 7. Treasurer. The Treasurer shall have the following duties:
a. Have charge and custody of and be responsible for the funds of the
association;
b. Subject to the countersignature of the President, or in his absence, any
member of the Board, he shall sign all checks, drafts, notes or orders for
payment of money or withdrawal of funds of the association; he shall endorse
for deposit to the credit of the association all checks, notes drafts, bills and
other commercial papers issued or delivered to the association with such
banks and financial institutions as may be designated by the board of director.
He shall approve and be responsible for all expenses of the association;
c. Shall take charge and have custody of petty cash funds as may be fixed by
the Board;
d. Shall monitor all delinquencies and send notices on overdue association’s
dues and/or demand letters;
e. Shall monitor all delinquencies and send notices on overdue association’s
dues and/or demand letters;
f. Shall render an annual statement of the assets of the cash account at any
time that he may be required by the President or nay member of the Board;
g. In general, perform all the duties incident to the office of the Treasurer and
such other duties as may from time to time be assigned to him by the board of
directors; and
h. Shall post a bond in such amount as may be fixed by the board of directors,
the premium of which shall be borne by the association.
 Section 8. Secretary. The Secretary who must be a citizen and resident of the
Philippines shall:
a. Keep the minutes of the meeting of the members and of the Board in one or
more books provided for this purpose;
b. Deliver or submit all notices in accordance with this by-laws or as required by
law or rules of the HLURB;
c. Keep all corporate records and the seal of the association which shall be
affixed to such instruments as may be required by the HLURB and thereupon
be attested by his signature or that of the Treasurer;
d. Keep a register or membership roll of the names and post office addresses of
all members;
e. Provide each member a copy of the by-laws and all amendments thereto; and
f. In general, perform all duties incident to the office of the Secretary and such
other duties as may from time to time be assigned by the Board.
Section 9. Auditor. The Auditor shall have the following duties:
a. Serve as the chairperson of the audit and inventory committee of the
association;
b. Conducts a bi-monthly audit of the accounts and expenditures of the
association;
c. Hires and external auditor to help conduct such audit if the need arises,
subject to the approval of the Board;
d. Performs other functions relative to the accounting and auditing of the
association fund;
e. In general, performs all duties as may from time to time be assigned by the
Board.
Section 10. Additional Officers. The board of directors may name and appoint
officers and technical consultants, with or without compensation as it may deem proper
and necessary or required by the business of the association.
ARTICLE VII
COMMITTEES
Section 1. Committees. The association, by vote of the majority of the members
thereof, shall organize and create the following committees:

a. Grievance and Adjudication Committee. The members of the grievance and

adjudication committee, who should have experience in counseling, shall be
elected by the members in the biennial meeting of the members. The
 committee shall accept and investigate complaints filed by a member against
any other member of officer, and shall settle or arbitrate any dispute within its
power in the community. In the event that the grievance is not settled by the
committee, its decision shall be appealable to the Board of Directors.

Every controversy or dispute shall first be brought before the Board of

Directors prior to elevating the same to HLURB. The Board of Directors shall
issue a certification as to the non-settlement of the dispute before HLURB
shall take cognizance of the dispute or controversy.

b. Audit and inventory Committee. The audit and inventory committee shall be
responsible for auditing the accounts of the association. It shall conduct such
audit at least quarterly and submit its report thereon to the Board of Directors.
In case a reduction of the Association dues is proposed, the Committee, with
the participation of the Developer as member thereof, shall conduct a study as
to the feasibility of such reduction. If it finds that the reduction is favorable to
the Association, after a unanimous vote of all the members of the Committee
is obtained, it shall issue within a period of 15 days from the time of the
proposal is referred to it, a recommendation to that effect, otherwise, it shall
issue its findings stating therein the denial of the proposal of the reasons
therefore, which denial may only be overruled by a vote of at least three-
fourths (3/4) of the total number of the members in a General Assembly. No
reduction of HOA dues shall be adopted without the favorable
recommendation of the Committee. Any resolution adopted by the board in
violation of this paragraph shall be considered null and void.
c. Committee on Election. The committee on election shall be composed of
three (3) members, to be elected by the majority of the members present in a
general or special assembly where a quorum is present, purposely convened
for election of Directors. They shall serve for a term of two (2) years or until a
new set of Directors is elected and qualified, in such time that the committee
members’ successors have been elected and qualified.

The committee shall supervise all election activities of the association.

d. Development and Services Committee. The development and services

committee shall take charge of planning, coordination and actually operating
the facilities and services of the association. It shall be organized into groups
or councils, which shall form as the backbone of the community service
delivery system. Initially, these groups or councils may be the following: Health
 and Nutrition and Mobility Groups. Additional groups or councils shall be
formed as the need arises.
e. Financial Management Committee. Subject to the approval of the board of
directors, the financial management committee, shall plan, adopt and
implement canvassing, procuring and disbursement guidelines for projects
that will or may require the use of the association funds. The committee shall
also serve as a coordinating body for all financial matters involving external
institutions as shall evolve a savings campaign and other fund raising
activities.
f. Livelihood Committee. The livelihood committee shall plan and coordinate all
economic programs designed to supplement the income of the members. As
such, it shall closely coordinate with the financial management committee in
the preparations of feasibility studies and other proposals.
g. Maintenance Committee. The maintenance committee shall take charge of
the upkeep and repair of community facilities and services. It shall form and
organize the beautification/ecology team or group to maintain cleanliness and
beauty in the community.
h. Peace and Order Committee. The peace and order committee shall take
charge of maintaining peace and order in the community. It shall form and
organize the members into tanod brigades to safeguard the security of the
subdivision, and emergency/disaster brigade to meet any natural or man-
made calamity.
i. Social and Cultural Affairs Committee. It shall be tasked with the planning,
organizing and implementing social activities that will help improve inter-
personal relations among the members. It shall also develop programs and
activities to deepen cultural awareness among the members. Finally, it shall
form and organize Sports Recreation Brigade.

Section 2. Special Committees. Other special committees, councils or groups

may be created by the president and the Board of Directors as the need arises.

ARTICLE VIII

MEETING OF MEMBERS

Section 1. Place of the Meeting. The meeting of members shall be held at the
principal office of the association but any agreement, resolution or action by the
members in a meeting duly called for the purpose in any place within the territorial
jurisdiction of the Philippines, if made in writing and concurred by a majority of the
members shall be valid for all purposes as if the same was made and adopted in the
domicile or principal office of the association.

Section 2. Meeting of the Association. The meeting of the members shall be

held on the third Saturday of April of the year. The members shall assess the status of
the Association, resolves issues, transact such other business as may be properly
brought before it during the meeting, and/or elect the members of the Board of
Directors, provided however, that the election of the Board of Directors shall be held
once every two (2) years on the day of the annual meeting.

Section 3.