December 20, 2023

Greetings:

This refers to your electronic-mail (e-mail) which was received by this Office on
November 24, 2023. In your letter, you asked regarding the re-registration of
homeowners association (HOA), and you raised an issue on the payment of your
arrears in monthly dues charged by the Board of Directors and/or Officers of XXXX

Relative thereto, please be advised that a HOA which is previously registered with
the HIGC must apply for re-registration pursuant to Section 27 of Department Order
No.2021-007 or The 2021 Revised Implementing Rules and Regulations of Republic
Act No. 9904, to quote:

“Section 27. Mandatory Registration. All associations whose purpose,

among others, is to promote and protect their mutual interest and assist
in their community development as homeowners are considered
homeowners associations. It is mandatory for all homeowners and/or
neighborhood associations, federations, confederations or other
umbrella organizations of associations to register solely with DHSUD
conformably with Republic Act No. 11201, except:

a. Homeowners associations that registered with HLURB; and

b. Associations previously registered with the SEC or HIGC/HGC that
have reregistered with HLURB pursuant to the 2004 HLURB Rules on
Registration and Supervision of Homeowners Associations or the
2011 Implementing Rules and Regulations of Republic Act No. 9904.

The registration with DHSUD shall serve to grant juridical personality

to all such associations that have not previously acquired the same by
operation of the General Corporation Law or by any other general law.
Upon full compliance with the requirements for registration, the
association shall be issued a Certificate of Incorporation.

The registration of associations previously registered with the

SEC or HIGC/HGC, but who did not re-register with HLURB, shall
however be respected and recognized and these associations shall
not be charged a penalty when they reregister with the DHSUD,
Provided, that the non-application of penalty shall not apply to
associations obtaining registration with the SEC upon the effectivity of
this Rules. (Emphasis supplied.)
Please be advised further that one of the processes to comply with in the re-
registration is the amendment of the HOA bylaws in order conform to the provisions
of Republic Act 9904 and its Revised IRR aforesaid.

For your kind information, the Articles of Incorporation and/or Bylaws may be
amended by the majority vote all members of the Board (current Board) and may
also be amended by initiative of the members in good standing of the
association, without approval of the Board of Directors pursuant to Section 23 and 24
of the above-mentioned Revised IRR.

Meanwhile, the HOA’s registration with the HIGC or SEC will still be recognized by
the DHSUD, as mandated by the afore-quoted Section 27 of Department Order No.
2021-007.

Moreover, please be advised that the payment of monthly dues is an obligation

which is imposed by law (R. A. 9904 and its 2021 Revised IRR aforesaid) or by
contract, or both law and contract. Hence, the payment of monthly dues is
demandable when due.

At this juncture, please be reminded that the payment of your monthly dues (arrears)
should be made at the HOA office or to any Board of Directors (BODs) and/or Officer
authorized to collect thereof.

Be that as it may, for any HOA related issues/questions you may visit our Office at
the DHSUD Building, XX.

For your guidance and compliance.

Truly yours,

Regional Director