Philippine HOA “Magna Carta” law not based on servitudes

Running through the first few pages of this 20-page PDF on what we would call an HOA Act, but called a “Magna Carta” for HOAs in the Philippines. “SECTION 1. Title. – This Act shall be known as the “Magna Carta for Homeowners and Homeowners’ Associations”. It is a combined social welfare land, reform act and local citizen governance by means of non-profit entities  that allow multiple HOAs within a subdivision.

There is no equitable servitudes law for covenants running with the land that make a mockery of US claims to be the best democratic country in the world. There is no private agreements to replace the Constitution, and allowing the Justices and judges to treat as if it were just another piece of paper.

Most decisions are made by simple majority vote, and members “shall have the following duties (a) to pay membership fees, dues and special assessments; (b) to attend meetings of the association.” It appears that the Filipino law contains most of the same operating provisions as found in the US version. However, audited statements must be posted annually and filed with the national government agency overseeing HOAs (Sec. 17(c)).

Now, how about this requirement of one unified government rather than independent principalities as in the US”

SEC. 19. Relationship with National Government Agencies. – The associations shall complement, support and strengthen the efforts of the national government agencies in providing vital services to their members and help implement the national government policies and programs.
Associations are encouraged to actively cooperate with national government agencies in the furtherance of their common goals and activities for the benefit of the residents of the subdivisions and its environs.
National government agencies shall consult the associations where proposed rules, projects and/or programs may affect their welfare.

Interesting reading for the American legal-academic aristocrats seeking to become Philosopher-Kings, and announce what is good for the American people.


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2 CommentsLeave a comment

  1. what if it’s the HOA’s who are abusive? what will protect homeowners from them?

    • Although I read the 2009 Philippine Magna Carter Act, I am not a lawyer and I am not familiar with Filipino laws and Constitution.

      Under the Act, Chapter IV, Sec. 20(d), HLURB can hear and decide complaints. Chapter V, Sec. 23, allows fines from $5,000 to $50,000 Php for violations. I assume as a result of a decision by HLURB. The decision can be appealed to the courts.

      Under the Act, like in the US, HOAs are nonprofit corporations. Generally, a member can sue the HOA corporation for violation of HOA governing documents, in civil court. See Chapter II, Sec. 7. Also note all the powers given to the HOA under Chapter III, Section 10.

      Note that under the communal arrangement of the HOA, a member can take action against the HOA IF the required number of members vote to remove the board, Ch. III, Sec. 13, and to dissolve the HOA under Sec. 14.

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