January 04, 2024

GREETINGS!

This refers to your electronic mail (e-mail) wherein you sought that this Office to
provide you with the copy of what so called penalties and sanctions on the alleged
noncompliance (of the issued notice of violation) of your Election Committee
(EleCom) in your Homeowners Association (HOA). established at Beverly Homes
subdivision project located at Marilao, Bulacan. Also, you claim that the Board of
Directors and/or Officers (BODs and/or Officers) failed to timely call for an election in
the HOA aforesaid.

At the outset, please be advised that the following opinion is based merely on your
narration of facts in your e-mail hence may be subject to change upon the
presentation of future (supporting or opposing) information.

Relative to the issue of non-compliance by your (EleCom), please be advised hereby

that this Office cannot grant your request since the imposition of penalty and
sanction you are seeking is not within the mandates of this Office pursuant to the
relevant provisions of Republic Act No. 11201 (RA 11201). However, please be
noted that we already issued a notice for clarificatory hearing to the EleCom
aforesaid (dated January 05, 2024 at 9:00 in the morning).

As to the issue of failure to call for an election, please be advised of Section 89 of

the 2021 Revised Implementing Rules and Regulations of Republic Act No. 9904
(the 2021 Rev. IRR of RA 9904) regarding calling of an election. To quote:

“Section 89. Calling of an Election. Only the incumbent Board and/or

through the president or vice president based on the records on file
with the Regional Office are authorized to call the election in
accordance with association's Bylaws.

If the Board fails to call an election within thirty (30) days from
the date fixed in the bylaws, the following procedure applies:

a. Any member in good standing, in writing, may petition the

incumbent Board to call an election, copy furnished the
Regional Office where the association is registered.
b. When the incumbent Board fails to take action thereon, or
sits on the request to call an election within one (1) month
from the receipt of the petition or letter, the member in good
standing shall report the same to the Regional Office .
c. The Regional Office shall take action on the report by
directing the incumbent Board, under pain of sanction for
non-compliance, to call an election and constitute an

MAA/DSP
 Election Committee that shall conduct the election within a
specified period.
d. Failure of the incumbent Board to call an election and/or
constitute an Election Committee as above directed shall
cause the Regional Office to create an Election Committee
from among the association members who do not intend to
run for any position. The members of the incumbent Board
who refused to call an election shall be disqualified from
running for any position.
e. The election authorized and recognized by the Regional
Office shall be deemed the official conduct of election of the
association.

Finally, you are likewise advised to strictly follow the above-cited provision in case
your BODs fail to call election.

For your kind information, guidance and strict compliance.

Very truly yours,

-
Regional Director

MAA/DSP