HOA Rights Guide

What is RA 9904?

Republic Act No. 9904, also known as the Magna Carta for Homeowners and Homeowners' Associations, was enacted in 2010 to protect the rights of homeowners in subdivisions and condominiums. It governs how HOAs should be organized and operated.

The law is implemented by the Housing and Land Use Regulatory Board (HLURB), now part of the Department of Human Settlements and Urban Development (DHSUD).

Your Rights as a Homeowner

Right to Vote
Every member has the right to vote in HOA elections and on important matters. One property = one vote (unless bylaws state otherwise).
Right to Inspect Records
You can request to see the HOA's financial records, meeting minutes, and other official documents.
Right to Due Process
Before any penalty is imposed, you must be given notice and opportunity to be heard.
Right to Run for Office
Any member in good standing can run for a position in the HOA board.
Right to Fair Assessments
Association dues must be reasonable and approved by majority of members.

HOA Governance Requirements

Board of Directors

Must be elected by members (not appointed by developer)
Term of office: Maximum 2 years, renewable
Must conduct regular meetings (at least quarterly)
Must submit annual financial reports to members

General Assembly

Must hold annual general meeting
Quorum: Usually 50%+1 of members (check your bylaws)
Special meetings can be called by 20% of members

Financial Requirements

Separate bank account for HOA funds
Annual audited financial statements
Budget must be approved by members

Dispute Resolution

If you have a dispute with your HOA, follow this escalation process:

1
Internal Resolution
First, try to resolve the issue directly with the HOA board through written correspondence.
2
Barangay Conciliation
If unresolved, file a complaint with the Barangay for mediation (required before court action).
3
DHSUD Regional Office
File a complaint with DHSUD for violations of RA 9904 or the HOA's governing documents.
4
Courts
As a last resort, you may file a case in court for injunction or damages.

Common HOA Issues

Violations to Watch For

Excessive or unapproved dues increases
Lack of financial transparency
No elections or board turnover
Selective enforcement of rules
Unauthorized use of common areas
Developer control beyond turnover

What You Can Do

Attend general assembly meetings
Request financial reports
Form a caucus with other members
Run for board position
File formal complaints
Document all violations

Useful Resources

DHSUD Hotline: 8424-4318 / 8421-1310
DHSUD Website: dhsud.gov.ph
Full Text of RA 9904: Official Gazette