The Department of Human Settlements and Urban Development (DHSUD) is the central housing authority in the Philippines. It consolidated the duties and functions of the Housing and Urban Development Coordinating Council (HUDCC) and the Housing and Land Use Regulatory Board (HLURB), except for adjudicatory power which is given to the Human Settlements Adjudication Commission (HSAC).
After a series of deliberations and tedious process, the intention of the Department ofHuman Settlements and Urban Development (DHSUD) to revise the Implementing Rules and Regulations (IRR) of Republic Act No. 9904, Series of 2011, also known as the Magna Carta for Homeowners and Homeowners Association (HOAs), has finally been approved.
The Revised IRR consists of sixteen (16) Rules with one hundred eight (108) Sections which incorporate procedures and documentary requirements pursuant to the Anti-Red Tape Act and reconcile certain provisions with the Revised Corporation Code.
The revised IRR was issued by the Department of Human Settlements and Urban Development (DHSUD) on March 22, 2021, to provide for the guidelines on the formation of federations and confederations of Homeowners Associations (HOAs) and DHSUD’s partnership with the Department of the Interior and Local Government (DILG) in the formation of these alliances.
The revisions are in response to the issues and concerns raised by the homeowners and HOAs. There are thirty-two (32) new provisions introduced in the revised IRR which addressed contentious areas in the original IRR addressing the election-related matters which is relevant to the status quo. The new provisions include new ways of conducting HOA meetings and/or elections which may be held through remote or electronic means, or a combination of both as part of adapting to the new normal.
Salient features in the Revised IRR of R.A. 9904 include the calling of an election and voting rights. The quorum in elections was specifically provided in Rule XIII, Section 91 which emphasized that “At all elections, there must be present or votes cast by a majority of the association members in good standing, either in person or by proxy” which is not provided in the original IRR of R.A. 9904.
Moreover, the revised IRR also added the provision of Rule XIII, Section 90, known as the unauthorized election which is conducted by any member regardless of standing in an association other than by the incumbent Board of Directors, President, and/or Vice President on record with the DHSUD and its effects thereof. The results of such an election shall not be recognized by the DHSUD and shall be deemed null and void. This provision was also not mentioned in the original IRR.
The qualifications of the Trustee or Director and/or Officers also added that he/she must be a Filipino citizen and remove the required number of years for his/her actual residence in the subdivision or village or community. This was added in order to avoid prejudicing the rights of the homeowners who were just residing in the subdivision or village or in other cases when the village was just established, the residents thereof need the supervision of the officers in order to oversee and manage the community and maintain a cohesive atmosphere.
With all the newly introduced provisions in the Revised IRR of R.A. 9904, it will promote the recognition and protection of the rights and roles of homeowners as members of the society and the homeowner’s association. The rights of homeowners and HOAs will surely be protected with these new changes. Hence, this will result in a progressive and sustainable partnership among the members of the community.
Contributor:
ABCDepgee
