Various laws have been passed to protect homebuyers and small property owners. The Subdivision and Condominium Buyers Protective Decree or PD 957 regulates the real estate trade and business and imposes penalties on fraudulent practices. The law ensures that the subdivision lot/housing unit meets the minimum design standards, has valid titles, and that the subdivision/ condominium developer has the financial capacity to complete the project. For this purpose the Housing and Land Use Regulatory Board issues a License to Sell to a developer who is able to satisfy the requirements of PD 957. Written complaints against developers are handled by the HLURB as a quasi-judicial body. Arbiters in all HLURB Regional Offices have been assigned to hear complaints and to determine cause for action.
PD 957 likewise requires that the subdivision developer should initiate the organization of a Homeowners Association (HOA) among the buyers and residents of the housing project to promote and protect their mutual interest and assist in their community development. The HLURB registers Homeowners Associations and adjudicates conflicts within the HOA.
Requirements for Filing a Complaint at the HLURB
- The complaint must be filed in three copies, with supporting documents attached to all copies of the complaint;
- The complaint must be verified with a Certification of Non-Forum Shopping subscribed before a notary public or person authorized by law to administer oath. The accomplished Form must be attached to all copies of the complaint;
- Payment of the filing fee-P1,000.00 minimum, pursuant to the 2004 Revised Schedule of Fees (HLURB Resolution No.R-760).
For more details, contact:
Executive Services Group
2nd Floor HLURB Bldg.,
Kalayaan Ave., Diliman, Quezon City
Tel. No.: 927-2723
E-mail: esg@hlurb.gov.ph
Documentary Requirements for HOA Registration
- Articles of Incorporation – signed by all 5 to 15 incorporators on the last page.
- By-Laws- signed by all 5 to 15 incorporators on the last page.
- Written Undertaking by the Incorporators – to change the corporate name in the event that another person, firm or entity has acquired a prior right to the use of said name or one similar to it; and to comply with all the rules and regulations of the HLURB.
- Information Sheet – contains the name of the association, principal office address, list of the members of the board of directors or trustees and their addresses, list of officers and their positions, list of the members of the association.
- Notarized Certification as to the existence or absence of a HOA in the subdivision, territorial jurisdiction of the HOA, name and address of the nearest existing HOA.
- Notarized Authorization – written authority of the representative of the association.
- HOA Tax Identification Number (TIN).
