Homeowners Association Member’s Duties & Responsibilities
Republic Act No. 9904, also known as the Magna Carta for Homeowners and Homeowners Associations, mandates states to encourage, encourage, and respect nongovernmental, community, and popular organizations for the legitimate collective benefit. It was enacted to satisfy the constitutional principles that dictate.
Homeowners associations play a crucial role in maintaining and enhancing the value of properties within a neighborhood or community. One key aspect of these associations is the election process, which determines the individuals who will be responsible for making important decisions on behalf of the homeowners
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What is HOA Elections?
HOA elections typically take place at the annual general meeting, where community association members (also called homeowners) decide who should be the new HOA board member, including the president, vice president, secretary, and treasurer.
Importance of Elections in HOAs
These elections are important events for any HOA as they determine who is responsible for enforcing community rules and charters, among many other important roles. The elected Board has a legal obligation to exercise fiduciary duty and must always act in the best interest of the Fellowship as a whole. As a member of the HOA, you should carefully consider each vote and give your support to those who you believe will contribute the most to the association in their capacity.
Homeowners Association Election Process
The HOA election process varies depending on the by-laws of the HOA.
The by-laws of the HOA should be filed or registered with the DHSUD (Department of Human Settlements and Urban Development). At the minimum, the rules governing HOA elections are as follows:
- Establishing electoral procedures;
- Notices and other notices regarding upcoming elections and vacancies will be sent to association members;
- Elections are organized according to the rules of the HOA and usually involve voting, assembly, etc;
- Elections are held, votes are counted, and winners are determined;
- These steps are usually done at the Annual Meeting, but they can also be done by mail or electronically and can take days or weeks;
- Elections are complete and new directors and officers are in their new roles.
Note that after elections, there is a report that needs to be submitted to the DHSUD.
Do you have any further questions that need to be addressed? Talk to our team at Duran & Duran-Schulze Law to know more.
You may reach us at (+632) 8478 5826 or email [email protected] for more information.