Prohibited Acts.
SEC. 22. Prohibited Acts. — It shall be prohibited for any person:
To compel a homeowner to join the association, without prejudice to the provisions of the deed of restrictions, its extensions or renewals as approved by the majority vote of the members or as annotated on the title of the property; the contract for the purchase of a lot in the subdivision project; or an award under a CMP project or a similar tenurial arrangement;
To deprive any homeowner of his/her right to avail of or enjoy basic community services and facilities where he/she has paid the dues, charges, and other fees for such services;
To prevent any homeowner who has paid the required fees and charges from reasonably exercising his/her right to inspect association books and records;
To prevent any member in good standing from participating in association meetings, elections and referenda;
To deny any member due process in the imposition of administrative sanctions;
To exercise rights and powers as stated in Section 10 in violation of the required consultation and approval of the required number of homeowners or members;
To unreasonably fail to provide basic community services and facilities and maintain, repair, replace, or modify such facilities;
To unreasonably fail to comply with Section 17 of this Act; or
To violate any other provision of this Act.
Penalties and Sanctions.
SEC. 23. Penalties and Sanctions. — Any person who, intentionally or by gross negligence, violates any provision of this Act, fails to perform his/her functions under this Act and/or violates the rights of the members, shall be punished with a fine of not less than Five thousand pesos (Php5,000.00) but not more than Fifty thousand pesos (Php50,000.00) and permanent disqualification from being elected or appointed as member of the board, officer or employee of the association, without prejudice to being charged before a regular court for violations of the provisions of the Revised Penal Code, Civil Code and other pertinent laws.
If the violation is committed by the association, the members, officers, directors or trustees of the association who have actually participated in, authorized, or ratified the prohibited act shall be held liable.
If the violation is committed by the employees and agents who acted in gross violation of the provisions of this Act, the officers, directors or trustees, or incorporators of the association shall be jointly and severally liable with the offending employees, agents, and the association.
Review of Association's Bylaws.
SEC. 24. Review of Association's Bylaws. — In order to comply with the provisions of this Act, the homeowners' association shall, within six (6) months from the effectivity of this Act, conduct a review of its bylaws, draft its own rules of procedure to be incorporated in the bylaws and conduct a plebiscite for the approval of the members of the association. A simple majority shall be used to determine the approval of the bylaws.
Appropriations.
SEC. 25. Appropriations. — The amounts necessary for the implementation of this Act and for carrying out the additional functions and responsibilities of the HLURB shall be included in the annual General Appropriations Act.
Separability Clause.
SEC. 26. Separability Clause. — If any provision of this Act is declared invalid or unconstitutional, the remainder of the Act shall remain valid and subsisting.
Repealing Clause.
SEC. 27. Repealing Clause. — All other issuances, laws, decrees, orders, rules and regulations, or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.
Implementing Rules and Regulations.
SEC. 28. Implementing Rules and Regulations. — The HLURB shall formulate and promulgate, in consultation with concerned sectors, rules and regulations necessary to implement the provisions of this Act within six (6) months of its effectivity.
No rule or regulation shall be issued which tends to undermine the organizational and territonal integrity of any association.
Effectivity.
SEC. 29. Effectivity. — This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in at least two (2) national newspapers of general circulation.
Approved,
(Sgd.) JUAN PONCE ENRILE
(Sgd.) PROSPERO C. NOGRALES
President of Senate
Speaker of the House of Representatives
This Act which is a consolidation of Senate Bill No. 3106 and House Bill No. 50 was finally passed by the Senate and House of Representatives on October 13, 2009
(Sgd.) EMMA LIRIO-REYES
(Sgd.) MARILYN B. BARUA-YAP
Secretary of Senate
Secretary General House of Representatives
Approved: JUN 03 2010
(Sgd.) GLORIA MACAPAGAL — ARROYO
President of the Philippines
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
