Plain-language guide for homeowners and board members
HOA Bylaws›Article I — Membership
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Article I
Membership
Who can join, rights you hold, and what keeps your standing active.
7
Member rights
3
Missed dues = delinquent
60
Days grace period
15
Days to respond to notice
👤 Who qualifies?
Any homeowner, owner, or purchaser of a house or lot in the subdivision. Membership is voluntary unless the deed or contract states otherwise. A family member or lessee may represent the homeowner with a Special Power of Attorney (SPA).
If you own more than one lot, you must register a separate membership for each lot.
✔ Your rights as a member
✔Use common areas and facilities (if in good standing)
✔Inspect association books and records during office hours
✔Vote, run for office, and attend meetings
✔Receive refund of deposits once conditions are met
✔Terminate membership (if not compulsory) when dues are clear
▸ Your duties as a member
▸Pay dues, fees, and assessments on time
▸Attend general assembly meetings (in person or by proxy)
▸Support community programs and comply with bylaws
▸Follow DHSUD orders and directives
⚖ Delinquency process
1
Board committee reviewDetermines if grounds for delinquency exist (missed dues, violations, or 3 consecutive meeting absences)
2
Written notice issuedMember has 15 days to explain in writing. For unpaid dues: 60-day grace period offered.
3
Hearing conductedAfter 15 days, with or without a written response
4
Board votesMajority vote needed to declare delinquency via board resolution
5
Member notifiedCopy of resolution provided. Member may file motion for reconsideration within 10 days.
Rights are suspended while delinquent — except the right to inspect association books and records.
? Q&A — Membership
A lessee or tenant may be designated as a representative by the homeowner through a Special Power of Attorney. They can exercise membership rights but must meet all membership requirements.
Your rights and privileges are suspended — you cannot vote, use facilities, or run for office. However, you still must pay dues. Your right to inspect association records remains.
Pay all arrears in full and notify the association in writing with proof. Your good standing is automatically restored the day after the association receives proof of payment. The Board has 10 days to formally reinstate — if they fail to act, reinstatement is automatic.
Yes. Missing 3 consecutive general membership meetings without justification and despite receiving notice is a ground for delinquency. Submitting an undertaking to attend the next assembly results in conditional reinstatement.
Yes, if membership is voluntary and you have no outstanding dues, fees, or other accountabilities. If membership is compulsory (stated in your deed or contract), termination is not allowed.
Article II
Dues, Fees & Assessments
What you pay, when, and why it matters.
💰 Types of financial obligations
Membership feeOne-time fee paid upon joining the association. Amount set in the bylaws.
Monthly duesRegular monthly fee covering administrative and operational expenses. Missing 3 cumulative months triggers the delinquency process.
Special assessmentsImposed by the Board for specific community projects. Requires approval by Board majority AND member majority.
Contributions & donationsVoluntary fund-raising for programs and activities.
? Q&A — Dues & Fees
Missing 3 cumulative monthly dues despite repeated demands is a ground for being declared delinquent. You'll receive a written notice with a 60-day grace period to settle arrears.
Yes. The Board can charge reasonable fines for late payments and violations, based on a previously established schedule furnished to all homeowners. Fines require due notice and a hearing.
Both the majority of the Board AND the majority of the members must approve special assessments. The Board cannot impose them unilaterally.
Yes. Even after being declared delinquent and having your rights suspended, you remain obligated to pay all dues, fees, and assessments that apply to members in good standing.
Article III
Meetings
How and when the association gathers — and what makes decisions valid.
50%+1
Quorum required
2 wks
Notice before meetings
30%
Members to call special meeting
30 days
Referendum if quorum fails
📅 Types of meetings
Annual / Regular meeting — held once a year at a date and place set by the Board. Includes election of the Election Committee, annual reports, and financial updates.
Special meetings — called by majority of the Board, the President, or by a petition of 30% of members in good standing. Notice must state the purpose.
📋 Standard order of business
1.Proof of service of notice2.Determination of quorum3.Reading & approval of previous minutes4.President & Treasurer reports5.Unfinished business6.Election of Election Committee members7.Other matters8.Adjournment
? Q&A — Meetings
If quorum fails after one meeting, a referendum must be held within 30 days. A Notice of Referendum with an executive brief must be sent to all members at least 15 working days before the referendum and posted in at least 3 conspicuous places.
Yes. Any member may be represented by proxy. The proxy must be in writing, signed by you, and submitted to the Secretary before the meeting. It is valid only for the specific meeting unless stated otherwise, and cannot exceed 3 years.
Gather a petition signed by at least 30% of members in good standing. Submit it to the Board, which is then required to call the special meeting. Notice must be given at least 2 weeks in advance.
The association Secretary is responsible for preparing, keeping, and preserving the minutes of all general assembly meetings as the official record.
Article IV
Board of Directors/Trustees & Officers
Composition, powers, qualifications, and accountability of leadership.
2 yrs
Fixed term
2
Max consecutive terms
15 days
Turnover deadline
30 days
DHSUD orientation
🏛 Officer roles
PresidentPresides meetings, signs contracts, submits annual report, general supervision of officers
Vice-PresidentActs in President's absence, assists in operations
SecretaryKeeps membership records, handles correspondence, maintains all documents
AuditorConducts monthly audit of all financial accounts and reports to the Board
Officers are elected by the Board from among themselves at the first board meeting after the election. Non-residents cannot serve as President or Treasurer.
✔ Qualifications to serve on the Board
✔ Filipino citizen
✔ Of legal age
✔ Member in good standing as of 3 months before election
✔ Not convicted by final judgment of moral turpitude
✔ Not a director/trustee of another registered HOA
⚖ Removal & dissolution
Remove a director/trusteePetition signed by majority of members in good standing, verified by DHSUD.
Dissolve the entire BoardPetition signed by 2/3 of all members (regardless of standing), verified by DHSUD.
Grounds include breach of trust, fraud, mismanagement, conflict of interest, gross negligence, and failure to perform fiduciary duties.
? Q&A — Board & Officers
No. Board members serve without compensation. However, reasonable and documented expenses directly related to official activities may be reimbursed. Other officers and staff who are not board members may be compensated.
Vacancies due to removal, resignation, death, or incapacity are filled by majority vote of members in good standing at a special election. The replacement only serves the remainder of the predecessor's term.
Within 15 days of the newly elected Board assuming office. If the outgoing Board refuses, the new Board must notify the DHSUD. Failure to turn over is a ground for disqualification from future service.
No. The Board cannot amend the Articles of Incorporation or Bylaws, dissolve the association, or determine qualifications and terms of the Board itself — those require member approval. All other business may be conducted by the Board.
Within 30 days of election or appointment, all directors/trustees must undergo a free DHSUD orientation on conducting meetings, preparing minutes, managing accounts, and understanding applicable laws and regulations.
Article VI
Elections
How directors are elected, timelines, and how to contest results.
90 days
Call before election
5 days
Notice before election
50%+1
Quorum for elections
5 days
To file protest after proclamation
🗳 Election timeline
1
90 days before electionBoard calls the election. Election Committee is constituted from the general assembly.
2
20 days before electionFinal list of voters and candidates posted in at least 3 conspicuous places and on the association's social media.
3
5 days before electionNotice of Election served to all members in good standing.
4
Election dayVoting by secret ballot. Proxies validated by Election Committee.
5
After electionWinners proclaimed. Election Committee submits report to DHSUD within 15 days.
⚖ Contests vs. protests
Election contestDisputes BEFORE the election (voter/candidate disqualification, proxy validity). File with the Election Committee at least 45 days before election.
Election protestDisputes AFTER proclamation (title to office, validity of results). File within 5 days of proclamation with the Election Committee.
? Q&A — Elections
Only in cases of fortuitous event or force majeure. A special election must then be held within 30 days. Only one postponement is allowed — otherwise it is considered a failure of election. The Election Committee must notify DHSUD at least 10 days before the rescheduled election.
A failure of election occurs when the election cannot be held due to lack of candidates, insufficient qualified candidates to fill a majority of board seats, or other serious causes preventing a free and honest election. The Election Committee must notify DHSUD within 15 days.
No. When a failure of election is declared, the incumbent Board's authority is considered functus officio — expired — once their term ends. No member of the outgoing Board may exercise authority in a hold-over capacity.
Only the incumbent Board is authorized to call for an election. Unauthorized elections may result in disqualification for the individuals involved.
Yes. Proxies must be in writing, signed, submitted to the Election Committee per the election guidelines, and validated. Each proxy is issued for a specific election only and cannot exceed one year.
Article V
Standing Committees
The Board may create committees to handle specific community functions.
All committee members must be members in good standing. Most committees must not include incumbent Board members.
Election Committee
Manages all elections, validates proxies, resolves election contests, and reports to DHSUD
Grievance Committee
Accepts complaints between members, officers, and homeowners. Resolves within 30 days. First stop before DHSUD.
Audit Committee
Audits association accounts at least twice a year and reports to the Board
DRRM Committee
Front liners during disasters. Coordinates with Barangay, Local, and Regional DRRMC
GAD Committee
Gender and development. Assists victim-survivors, coordinates with barangay. Chairperson preferably a woman.
Environment Committee
Promotes environmental awareness and assists during natural calamities
Livelihood Committee
Plans economic programs to supplement member income
Maintenance Committee
Upkeep and repair of community facilities and services
Peace & Order Committee
Maintains community security, organizes safety brigades
Kasambahay Affairs
Registers domestic workers of homeowners, submits updated list to the Barangay
Social & Cultural
Plans social activities to improve community relations and deepen cultural awareness
? Q&A — Committees
Bring it to the Grievance Committee first. Any controversy must go through the Grievance Committee before it can be elevated to the DHSUD or HSAC. The Committee must resolve it within 30 days.
The Election Committee members are elected by the majority of members in good standing at the annual meeting or in a special general assembly, 90 days before the election date. They serve a fixed 2-year term and cannot be candidates in the elections they oversee.
Article VII
Financial Management
How the association handles funds, records, and reporting obligations.
Jan–Dec
Fiscal year
90 days
Submit financials to DHSUD
Monthly
Treasurer reports to Board
2 signatories
Required for all checks
🏦 Key financial rules
All funds must be in a bank account under the association's name — never commingled with personal or other accounts
All checks must be signed jointly by the Treasurer and the President (or another Board-authorized officer)
An annual financial statement must be prepared by the Treasurer, attested by the Board Chair or President, and audited by the Auditor or an independent CPA
Financial statements must be posted in conspicuous places and submitted to DHSUD within 90 days after year-end
All financial records are the property of the association — not of any individual officer
? Q&A — Finances
Yes. Any homeowner or duly authorized government representative may inspect the books of accounts during reasonable business hours. You may also request a copy of the annual financial statement at your own expense.
No. All checks, drafts, and payment orders must be signed jointly by the Treasurer and the President, or by other officers specifically authorized by a Board resolution. This is a safeguard against unauthorized disbursements.
Annually. The statement must be posted at the association office and on bulletin boards, and submitted to DHSUD within 90 days from December 31. A summary is also presented to members at the annual general assembly.
Article VIII
Policies, Rules & Amendments
How the association makes new rules and changes the bylaws.
📜 Policies & house rules
The Board may promulgate policies, rules, and regulations consistent with the law and DHSUD guidelines. However, these require consultation with and ratification by the majority of all members, regardless of standing.
✏️ Amending the bylaws
1
Regular or special meeting calledNotice must include a fair statement of the proposed amendments
2
Vote of majority of all membersRegardless of good standing — all members count
3
Submit to DHSUDAmendments only take effect upon DHSUD approval
Amendments are not self-executing — DHSUD approval is required before they may be implemented.
? Q&A — Policies & Amendments
No. Amending the bylaws requires a majority vote of all members, not just the Board. The Board cannot unilaterally change fundamental governance rules. DHSUD approval is also required.
The Board proposes the rules, but they must be presented to members for consultation and ratified by a majority of all members regardless of standing. Rules not ratified by members are not valid.
DHSUD regulates HOAs under Republic Act 9904. It approves bylaw amendments, receives election reports, issues orders and sanctions, handles complaints escalated from the Grievance Committee (via HSAC), and can declare directors permanently disqualified for serious violations.