RA 9904: what the homeowners association can and cannot do
Republic Act 9904 of 2010, the Magna Carta for Homeowners and Homeowners Associations, sets the rights of a homeowner in a subdivision and the powers of the association that runs it. These are the main ones, each with the section it comes from.
Who registers associations and hears disputes now
The Act gives both jobs to the Housing and Land Use Regulatory Board. Since Republic Act 11201 of 2019, the Department of Human Settlements and Urban Development registers, regulates and supervises associations, and the HLURB's adjudication became the Human Settlements Adjudication Commission, whose Regional Adjudicators hear disputes among members and between members and their association (RA 11201, Sections 5, 12, 16 and 25).
Homeowners association rights and powers under RA 9904, section by section
Each row gives the point, the rule in short, and the section it comes from.
Joining
| Point | In short | Source and condition |
|---|---|---|
| Membership cannot be forced, unless the deed of restrictions, the contract to buy the lot or a housing award requires it | often required | RA 9904 Section 22(a): the exception covers the deed of restrictions and its extensions or renewals approved by a majority vote or annotated on the title, the purchase contract, and an award under a CMP project or similar tenure. In many subdivisions the deed does require membership |
| A tenant can take the owner's place as a member | with written consent | RA 9904 Section 6: until the consent is revoked in writing, the owner waives the Section 7 member rights except the right to inspect the books, which both keep; the tenant takes on the duties too |
As a member
| Point | In short | Source and condition |
|---|---|---|
| Use of the common areas and basic services | a right | RA 9904 Sections 5 and 7(a): provided the fees and charges are paid |
| Inspect the books and records, and get the annual report on request | during office hours | RA 9904 Section 7(b), financial statements included; Section 22(c) makes refusing a paid-up homeowner a prohibited act. The annual financial statement is posted within 90 days of the year's end (Section 17(c)) |
| Vote, stand for office and attend meetings | as a member in good standing | RA 9904 Sections 7(c), 7(e) and 22(d), subject to the bylaws. A proxy is written, signed and filed with the association secretary before the meeting; it holds for that meeting only unless it says otherwise, and never beyond three years (Section 16) |
| Remove a director, or dissolve the board | signed petition | RA 9904 Sections 13 and 14: a director by a petition of a simple majority of members in good standing, the whole board by two thirds, each for causes in the bylaws and verified by the regulator |
| Deposits returned | promptly | RA 9904 Section 7(d): as soon as the condition is met or the period ends |
| Duties in return | dues, meetings, projects | RA 9904 Section 8: pay fees, dues and special assessments, attend meetings, support the association's projects |
What the association may do
| Point | In short | Source and condition |
|---|---|---|
| Hold houses to the building rules | height, easements, use | RA 9904 Section 10(j): in line with the National Building Code, zoning, the regulator's rules, local ordinances and the deed of restrictions |
| Regulate access through subdivision roads | with conditions | RA 9904 Section 10(d): only after public consultation, within existing laws, with the authority of the government agencies concerned and the necessary agreements |
| Change the bylaws, or acquire, hold, encumber and sell property | simple majority | RA 9904 Sections 10(a) and 10(f), after consultation. A simple majority is more than half of all association members, counted on the whole membership (Section 3(l)). Dealings in personal property within a tenth of its cash holdings need no vote |
| Charge for open spaces, facilities and services | reasonable fees | RA 9904 Section 10(i), to cover operating expenses, subject to the law, the regulations of the association's board and its bylaws |
| Fine for late payment or for breaking the rules | notice, hearing, schedule | RA 9904 Section 12(c): only after due notice and a hearing by the board, and only by a schedule the board adopted beforehand and gave to the homeowners |
| Sanction a delinquent member | with due process | RA 9904 Sections 9 and 10(l): the bylaws set who is delinquent and the sanctions; Section 22(e) makes denying due process a prohibited act |
| Allow schools, markets and similar establishments | simple majority | RA 9904 Section 10(k): where they change the subdivision's character; sari-sari stores and home industries in socialized housing need no approval |
What it may not do
| Point | In short | Source and condition |
|---|---|---|
| Cut off services a homeowner has paid for | a prohibited act | RA 9904 Section 22(b) |
| Lease or grant easements over access and main interconnecting roads | not allowed | RA 9904 Section 10(h): easements, leases, concessions and authority to use common areas do not extend to access roads, main interconnecting roads, alleys and sidewalks |
| Act without the consultation and vote the Act requires | a prohibited act | RA 9904 Section 22(f). Under Section 23, anyone who breaks the Act intentionally or through gross negligence faces a fine and permanent disqualification from the board, office or employment in the association; where the association breaks it, those who took part in, authorised or ratified the act are liable |
If it goes wrong
| Point | In short | Source and condition |
|---|---|---|
| Settle it inside first | grievance or mediation | RA 9904 Section 15(n): the bylaws provide grievance committees and a conciliation or mediation mechanism for disputes among members, directors and officers |
| Where a dispute is heard | HSAC | RA 11201 Section 16(b): Regional Adjudicators of the Human Settlements Adjudication Commission hear disputes among members and between members and their association. DHSUD registers and regulates associations (Sections 5 and 25(c)) |
Where the association meets your plans
Section 10(j) lets the association “cause compliance with regard to height regulations, easements, use of homes, buildings, edifices, or structures that may be built within the subdivision”, in line with the National Building Code, zoning, the regulator's rules, local ordinances and the deed of restrictions. So a house or an extension in a subdivision answers to two sets of rules: the ones the Building Official applies, and the subdivision's own.
- The building code. The sections a house meets are in the building code guide for house owners, and lot coverage in the lot coverage calculator.
- Neighbours and easements. Window distances and right of way are in the right of way and easements guide.
- The deed of restrictions. It may be annotated on the title, and the contract to buy can carry its own terms; either can be stricter than the code. Read both before the design starts.
- The developer's side. Roads, open space and the promised facilities are the developer's duty under PD 957, in the guide for house-and-lot buyers.
Planning an extension or a second storey inside a subdivision is where renovation and expansion planning starts: the plan is checked against the code and the subdivision's rules before it goes to either office.
What this page does not cover
- A dispute with your association. It turns on the bylaws, the deed of restrictions and the facts. For that, a lawyer reads the documents, and the Human Settlements Adjudication Commission hears it.
- The implementing rules. The regulator's revised rules add detail to the Act, including how associations register and hold elections, and are not summarised here.
Sources, as published by the Lawphil Project: Republic Act No. 9904 and Republic Act No. 11201.