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Home Owner Associations

Discussion in 'New Member Introductions' started by Tomforsure, May 17, 2018.

  1. Tomforsure

    Tomforsure DI New Member

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    Hi all, new member here, my name is Tom and I need some info about Home Owner Associations, any help greatly appreciated. I have been told by my HOA that a foreigner cannot attend our HOA AGM coz I am not a Filipino citizen. Is that correct ?
     
    Last edited: May 17, 2018
  2. Michael. B

    Michael. B DI Member Showcase Reviewer

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    Its is not a requirement to be Filipino to be a member of a home owners association, under Filipino law a foreigner cannot own any land in the Philippines but can own a house, indeed my own situation is on the land deeds/land title of our house my Filipino wife names is shown but also followed by my name, in the first draft of land title my name was shown first but this had to be changed with her name shown first,all documents for the house are in my name only. In our small subdivision there are several foreign member of the home owners association.
     
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  3. okiebound

    okiebound DI Member Showcase Reviewer ✤Forum Sponsor✤

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    If you own the home, I would think that more than qualifies you to be a member of the HOA and be entitled to attend the meetings. I am sure they happily accept your HOA dues each month!!
     
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    Tomforsure

    Tomforsure DI New Member

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    Thanks foryour reply Okie , - One would think so hey. But things are a bit different here in Philippines. if you are not a Philippine Citizen, it seems you have no say in anything. A foreigner cannot become a citizen, only a permanent resident. We cannot own land in our name, so my Filipina wife is the registered land owner. She can attend the AGM, but they want to restrict the foreigners from attending. I am trying my best to find out the legality of it, but I get no answer from Govt sites. I was hoping to get a reply from someone here in Philippines who might have had the same experience and might know the rules on it. Kind regards, tom
     
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    Tomforsure

    Tomforsure DI New Member

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    Hi Michael, thanks for the info.
    Below is a copy of the message which was sent to all members of our HOA regarding who can attend our HOA -AGM which is due on 26th May.
    ----------------------------------
    3. Can foreigners participate in association meetings and elections?
    As per the HLURB Director of Legal Services Group, Atty. Cesar A. Manuel, foreigners cannot participate in association meetings and elections because membership in the HOA is reserved to Filipino citizens. For this reason, the foreign spouses, authorized representatives or attorneys-in-fact of HOA members cannot exercise the rights and privileges of members even if duly and specifically authorized for the purpose by the Filipino members.
    -----------------------------
    I have emailed the HLURB both in Manila and here in Davao for their clarification on this, however after follow ups by me , I still have no response from them. I emailed my HOA for clarification, but HOA does not answer my emails.
    I have read the Magna Carta on HLURB website, and there is no mention of excluding foreigners from attending the AGM.
    I plan to go to the meeting and raise the issue with them directly, however I wish I could get supporting evidence for my case.
    We were able to attend the AGM last year.
    It is very disappointing how slow any response is from people in high places.
    Any suggestions greatly appreciated, Kind Regards, Tom
     
  6. okiebound

    okiebound DI Member Showcase Reviewer ✤Forum Sponsor✤

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    I Lived in the Philippines for 6 years and was a member of two HOA's and attended the meetings. I am a very caucasion US citizen.
     
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  7. Show Pony

    Show Pony DI Senior Member Highly Rated Poster Showcase Reviewer

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    Tom, I'm going to take a wild guess. The HOA probably doesn't care what the law is.
    In the past they may have had bad experiences where some foreigner asked questions and expected an answer. Maybe the question lead to an embarrassing answer. Sometimes if someone tries to interject logic the whole process gets derailed.
    Whatever the excuse, they don't want you to attend.
     
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  8. MikeP64

    MikeP64 DI Member Veteran Marines

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    https://lawphil.net/statutes/repacts/ra2010/ra_9904_2010.html
    Chapter 1, Section 2 "To this end, the State shall endeavor to make available resources and assistance that will help them fulfill their roles In serving the needs and interests of their communities, in complementing the efforts of local government units (LGUs) in providing vital and basic services to our citizens, and in helping implement local and national government policies, programs, rules and ordinances for the development of the nation."
    There is that little word citizens that HLURB provides basic services for. So they may never answer a non-citizen?
     
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  9. okiebound

    okiebound DI Member Showcase Reviewer ✤Forum Sponsor✤

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    From what I have read in the RA 9904, The Magna Carta for Homeowners and HOA's, (I see nothing about being a Filipino citizen as a requirement) I have cut and pasted some excerpts:


    (c) “Association member” refers to a homeowner who is a member of the association where his/her housing unit or lot is situated and those defined in the articles of incorporation and bylaws of the association.

    RULE 2
    HOMEOWNERSHIP


    Section 5. Commencement of Homeownership. Homeownership begins:

    a. By owning a lot in a subdivision/village;
    b. By purchasing a lot in a subdivision/village;
    c. By being awarded, or by being a usufructuary, or by legally occupying, a unit, house, and/or lot in a government socialized or economic housing or relocation project and other urban estates; and
    d. By being listed as a prospective beneficiary or awardee of ownership rights under the Community Mortgage Program, Land Tenurial Assistance Program, and other similar programs.


    CHAPTER II
    HOMEOWNERS


    Section 5. Rights and Duties of Every Homeowner. – Every homeowner has the right to enjoy the basic community services and facilities: Provided, That he/she pays the necessary fees and other pertinent charges.

    Section 6. Qualification of a Member. – A homeowner as defined under this Act shall be qualified to be a member of an association: Provided, however, That a lessee, usufructuary, or legal occupant shall have the right of a homeowner as set forth under this Act upon procurement of a written consent or authorization from the owner of the lot or housing unit.

    Until such consent or authorization is revoked in writing, the owner of the lot or housing unit is deemed to have waived his/her rights enumerated under Section 7 of this Act, except subsection (b) of the same section which can be simultaneously enjoyed by both the owner and the lessee.

    For purposes of this Act, the lessee authorized in accordance with this sect shall qualify as a member with all the rights enumerated in this Act, including the duties and obligations enumerated under Sections 7, 8 and 9 hereof:Provided, further, That lessees in government socialized housing projects or urban estates and those in communities of underprivileged and homeless citizens covered under the term under Section 3 of this Act will be considered as homeowners for the purpose of qualifying as a member of a homeowners’ association without need of such written consent or authorization.


    (j) “Homeowner” refers to any of the following;

    (1) An owner or purchaser of a lot in a subdivision/village;

    (2) An awardee, usufructuary, or legal occupant of a unit, house and/or lot in a government socialized or economic housing or relocation project and other urban estates; or

    (3) An informal settler in the process of being accredited as beneficiary or awardee of ownership rights under the CMP, LTAP, and other similar programs.

    Section 7. Rights of a Member. – An association member has full rights:

    (a) to avail of and enjoy all basic community services and the use of common areas and facilities;

    (b) to inspect association books and records during office hours and to be provided upon request with annual reports, including financial statements;

    (c) to participate, vote and be eligible for any elective or appointive office of the association subject to the qualifications as provided for in the bylaws;

    (d) to demand and promptly receive deposits required by the association as soon as the condition for the deposit has been complied with or the period has expired;

    (e) to participate in association meetings, elections and referenda, as long as his/her bona fide membership subsists; and

    (f) to enjoy all other rights as may be provided for in the association bylaws.

    Section 8. Duties of a Member. – A member shall have the following duties:

    (a) to pay membership fees, dues and special assessments;

    (b) to attend meetings of the association; and

    (c) to support and participate In projects and activities of the association.
     
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    Tomforsure

    Tomforsure DI New Member

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    Hi Okie,
    I have a copy of the Magna Carta here, and our By -Laws, and everything I can find on the matter, and Isee no exclusion for us foreigners.
    Recent update from our HOA, AGM cancelled !
    They say we must have 50% plus 1 of all HOA members , or their Proxies, in attendance at the AGM to constitute a quorum.
    We managed 50 respondents out of 700 possible members, so no quorum.
    Our first AGM was one year ago, we managed to get about 100 to attend and they held the AGM regardless.
    Perhaps the new rule that foreigners could not attend had more of an effect than they planned.
    It will be difficult for us to get a quorum as I'm sure many of the owners are from overseas.

    Still no reply from HLURB or my HOA management regards my "No Foreigner" query.

    I agree with the comment above from "showpony" . They just don't want foreigners to attend coz we tend to want to play by the rules and keep them accountable. As for the gove office of HLURB, I guess they are just to scared to make a decision. You know,if you do nothing , you cand be wrong attitude. head in the sand .

    Its fun chatting with you, seems you know your rights and stand up for them, good onya !
    Kind regards, tom
     
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