March 12, 2024

Greetings:

This refers to your electronic mail (e-mail) with regard to the various concerns in your
Homeowners Association (HOA) located at

Relative to your request for supervision on the conduct of your HOA election, please
be advised that the attendance/presence of personnel from this Office is limited to
the circumstances stated under the Memorandum Circular No. 2023-006 (s.2023),
otherwise known as the Guidelines for the Supervision and/or Conduct of Elections
for the Board of Directors or Trustees of Homeowners Association by the DHSUD
Regional Offices.

Relative to the issue of quorum, please be advised that the Election Committee
(EleCom) shall declare a failure of elections at your HOA in the event that elections
failed to obtain the required quorum (50% +1) in accordance with the provisions of
Section 93 of Department Order No. 2021-007, or the Revised Implementing Rules
and Regulations of Republic Act No. 9904 (the 2021 Rev. IRR of RA 9904) must be
strictly observed by the HOA’s Election Committee. The said Section 93 provides:

“Section 93. Postponement or Failure of Election. When a regular or

special election cannot be held or conducted due to lack of
candidates, or the number of qualified candidates did not reach a number
as to constitute majority of the entire Board, or for any other serious
cause such as violence, terrorism, force majeure, and other analogous
causes of such a nature that the holding of a free, orderly and honest
election should become impossible, the Election Committee (EleCom)
shall postpone the election and call another election within a period of
thirty (30) days from the initial date of the election or the cessation of the
cause for such postponement of election.
In the event of lack of quorum or for any other serious cause such as
violence, terrorism, force majeure, and other analogous causes of such a
nature that the holding of a free, orderly and honest election should
become impossible, the Election Committee shall declare a failure of
election, and shall call for another election within a period of thirty
(30) days from the date of the failed election or the cessation of the
cause for such failure of election.

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 In case a regular or special election was not held on the date fixed in the
bylaws, was postponed, or declared a failure, and the second call for the
conduct of an election by the Election Committee was still a failure, the
following shall be submitted by the Election Committee to the Regional
Office.
xxx

As to the issue of proxy voting, please be advised further that an association

member in good standing may vote in person or by proxy in all elections of trustees
or directors. Thus, an Election Committee (EleCom) member shall be allowed to
vote in behalf of his/her brother or sister provided he was armed with a duly
accomplished proxy form and submitted the same to the EleCom.

Relative to the issue of confidentiality of the master list, please be advised of Section
13 of the 2021 Rev. IRR of RA 9904 which states that one of the rights of a member
is to inspect association books and records (including the copy of Master list) during
office hours among other things.

In the event that the HOA fails to provide the documents needed by the HOA
member, he/she (HOA member) shall execute an affidavit stating, among others
things, the HOA’s failure to provide the documents, his/her purpose for the request
and then present the same (affidavit) to this Office in order to obtain a copy of
the needed document, after payment of the administrative fee(s) therefor.

For your information, guidance and strict compliance.

Truly yours,

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