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November 2, 2022
A homeowner association, often called as HOA, is a community association that oversees a specific neighborhood, assisting in
the formation of local regulations and allocating cash to maintain shared places. When purchasing local property in a HOA
community, homeowners automatically become members of the association and must pay monthly or yearly dues. This
money is used by the HOA’s elected board of directors to improve the community and maintain shared facilities.
HOAs can exist in a variety of residential communities, including single-family home developments, planned communities,
townhouse subdivisions, and condominium complexes.
Homeowners’ associations differ from property owners association (POA), which can include anybody with an interest in the
property of the community and are not limited to homeowners.
The registration procedure shall be specifically provided for in the implementing rules and regulations promulgated by the
HLURB in accordance with Section 28 of this Act. Such procedure shall provide for an adjudicatory mechanism that will be
followed in the event of a dispute involving two (2) or more associations established within the same subdivision/ village),
community/area, or housing project seeking registration. The HLURB shall consider the date each association was legally
constituted, the date of filing of its application for registration, the number of members, and other comparable elements in
determining this sort of dispute.
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(b) to see the association’s books and records during office hours and to receive annual reports, including financial
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statements, upon request;
(c) to participate in, vote for, and be eligible for any elective or appointive office of the organization, subject to the
qualifications set out in the bylaws;
(d) to demand and quickly receive deposits required by the association whenever the deposit requirement has been met or
the period has elapsed;
(e) to attend association meetings, elections, and referendums for as long as his/her genuine membership exists; and
(f) to enjoy all other rights set forth in the association’s bylaws.
(b) Initiate, defend, or intervene in litigation and/or administrative processes affecting the welfare of the association and the
subdivision/village as a whole, excluding conflicts that are not the association’s responsibility;
(c) Regulate the use, maintenance, repair, replacement, and modification of common places, as well as cause further
improvements to be made part of the common areas: Provided, however, that the foregoing do not conflict with the terms of
the authorized subdivision plan.
(d) Regulate access to or passage through subdivision/village roads for the purposes of preserving privacy, tranquility, internal
security, safety, and traffic order: Provided, however, that: (1) public consultations are held; (2) existing laws and regulations are
met; (3) the authority of the concerned government agencies or units is obtained; and (4) the appropriate and necessary
memoranda of the agreement are executed among the concerned parties.
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Establishing rules
The major tools at the disposal of HOAs are CC&Rs (covenants with board members, association meetings, conditions, and
restrictions), which they can write and enforce to keep the community adhering to specific standards of home design, curb
upkeep, and conduct.
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