Where to register an association of owners


Dear PAO,

May I find out which government body has jurisdiction over the registration of a homeowners association? Is it the Securities and Exchange Commission or the Home Insurance Guaranty Corp. ?

Tolits

Dear Tolits,

The answer to your question can be found in the provisions of Law of the Republic (RA) 9904, also known as “Magna Carta for Homeowners and Homeowners Associations“.

Let us first consider the definition of an “association of owners” under Article 3 (b) of RA 9904, as follows:

“Section (b)“ Association ”refers to the Homeowners Association which is a not-for-profit, non-profit corporation registered with the Housing and Land Use Regulatory Board (HLURB), or a organization previously registered with the Home Insurance Guarantee Corporation (now Home Guaranty Corporation) or the Securities and Exchange Commission (SEC), organized by owners or buyers of a lot in a subdivision / village or other residential real estate located within the jurisdiction of the association; or beneficiaries, usufructuaries, legal occupants and / or tenants of a housing unit and / or land in a social or economic housing or relocation project and other urban areas; or disadvantaged and homeless citizens as defined by the laws in force being accredited as usufructuaries or holders of property rights under the Community Mortgage Program (CMP), the Land Tenure Assistance Program (LTAP) and other similar programs in relation to a socialized housing project effectively implemented by the national government or the LGU (local government unit).

It is clear that an owners association is a non-profit limited company organized by the owners with the aim of promoting the rights and roles of owners as individuals and as members of society and associations of owners. owners.

The registration of an association of owners with the relevant governing body is important in order to give it legal or legal personality as a company. In short, article 4 of RA 9904 sets out the registration rule for associations of owners, namely:

“SECOND. 4. Registration with HLURB. – Any association of owners is required to register with HLURB. This registration will serve to confer legal personality on all those associations which have not previously acquired it by application of the law. general on companies or by any other general law.

xxx.

“The existence of associations previously registered with the Home Insurance Guarantee Corporation or the SEC must be respected and such associations will not be penalized when registering with HLURB after the entry into force of this Act. “

Thus, the competence in matters of registration of an association of owners rests with HLURB. The previous authority given to the Home Insurance Guarantee Corporation or the SEC is no longer true. However, this is without prejudice to the respect accorded to previous registrations with these agencies, provided that said associations still register with HLURB.

We hope we have been able to answer your questions. This advice is based solely on the facts you have related and our assessment of them. Our opinion may vary when other facts are changed or developed.

Editor’s Note: Dear PAO is a daily column for the Public Prosecutor’s Office. Questions for Chef Acosta can be sent to [email protected]


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