RA No. 9904 RULE I Flashcards
RA No. 9904 is otherwise known as
The Magna Carta for Homeowners and Homeowners Association
Refer to the fiscal or calendar year adopted by an association in the recording and reporting of its fiscal transactions
Accounting Period
Shall refer to the procedure in settling disputes involving the registration of two or more associations established within the same subdivision/village, defined community, or housing project.
Adjudicatory Mechanism
Shall refer to a plan drawn to a scale showing the divisions of a piece of land intended for subdivision projects, including off-site Community Mortgage Program (CMP), delineating its open space and individual lots, bearing the signature of a licensed individual, and stamp of approval of the NHA, DHSUD, HLURB, LGU and/or any appropriate government agency.
Approved Subdivision Plan
Shall refer to a homeowners association which is a non-stock, nonprofit association registered with DHSUD, or one previously registered with HLURB, HIGC (now HGC), or SEC
Association
Association is organized by and/or is primarily composed of:
- Owners or purchasers
- Awardees, usufructuaries, legal occupants, and/or lessees
- Underprivileged and homeless citizens
- Potential public housing beneficiaries
Shall refer to the amounts charged to the members on a regular basis primarily intended to defray the expenses incurred by the association.
Association dues
Shall refer to a homeowner who is a member of the association where the residential unit or lot is situated and those defined in the Articles of Incorporation/Association and bylaws of the association.
Association member
Shall refer to services and facilities that redound to the benefit of all homeowners and from which, by reason of practicality, no homeowner may be excluded such as, but not limited to, security, street and vicinity lights, maintenance, repairs and cleaning of streets, garbage collection and disposal, and other similar services and facilities.
Basic community services and facilities
Shall refer to the Board of Trustees or Directors of the association which has primary authority to manage its affairs.
Board
Shall refer to the association’s primary rules of governance, the institution and limitation of powers of its trustees or directors, and officers, and the establishment of rights and obligations of homeowners and association members consistent with RA No. 9904 and its implementing rules and regulations, guidelines, and pertinent provisions of the deed of restrictions.
Bylaws
Shall refer to the document issued by DHSUD to an association that has completed all the requirements for registration.
Certificate of Incorporation
Shall refer to the document issued by DHSUD to an association that has completed all the requirements for registration
Certificate of Incorporation
Shall refer to property owned or otherwise maintained, repaired, or administered in whole or in part by the association including, but not limited to, roads, parks, playgrounds, and open spaces as provided for in Presidential Decree No. 1216.
Common areas
Shall refer to costs incurred by the association in the exercise of any of the powers provided for in RA No 9904
Common expense
Shall refer to a mortgage financing program of the Social Housing Finance Corporation (SHFC) which assists legally organized association of underprivileged and homeless citizens to purchase and develop a tract of land under the concept of community ownership.
Community Mortgage Program (CMP)
Shall refer to a defined community where the beneficiaries come from other identified communities.
CMP Off-site Project
Shall refer to a defined community where the beneficiaries already occupy the land they purchased or intend to purchase.
CMP On-site Project
Shall refer to an organization of federated homeowners association created and registered to pursue common goals beneficial to the interests of the constituent association and the members thereof
Confederation
Shall refer to the union of two or more associations in contiguous areas resulting in the termination of their respective existence for the purpose of the creation of a new association or the consolidated association.
Consolidation
Shall refer to registered associations which are parties to a merger, consolidation or federation
Constituent associations
Shall refer to two or more subdivisions or community housing projects or phases thereof that are physically related or linked by a shared infrastructure and well-defined adjoining or common boundaries, whether fully and partially.
Contiguous area
Shall refer to a member who has been declared as such after due notice and hearing on the basis of the grounds and in accordance with the procedures set forth under the bylaws and/or existing policies of the association or, in lieu thereof, under this Rules.
Delinquent member
Or
Member not in good standing
Shall refer to a type of housing project with lower interest rates and longer amortization periods provided to moderately low income families as defined under existing laws, rules and regulations.
Economic housing
Shall refer to any controversy or dispute involving title or claim to any elective office in an association, the validation of proxies, the manner and validity of elections, and the qualifications of candidates, including the proclamation of winners, to the office of trustee or director, and/or other officer directly elected by the members of the association where the Articles if Incorporation and/or bylaws so provide.
Election contest
Shall refer to an organization composed of at least two or more registered homeowners and/or neighborhood associations created and registered to pursue common goals beneficial to the interests of the constituent associations and members thereof.
Federation
Shall refer to a document that contains, among other data, the name of the association, its principal office address, official email address and contact number, the names of its trustees or directors, its officers and their positions, and their respective addresses, duly submitted to the DHSUD or its predecessors as part of the annual reportorial requirements.
General Information Sheet (GIS)
Shall refer to the Articles of Incorporation, bylaws, conditions, rules and regulations of the association, or other written instruments by which the association has the authority to exercise any of the powers provided for in RA No 9904
Governing documents
Shall refer to an owner or purchaser of a lot or house, in a subdivision/village who acquired the same primarily for residential purposes.
Homeowner
Shall refer to an awardee, usufructuary, or a legal occupant of a unit, house and/or lot in a private, nongovernment or government socialized or economic housing or relocation project and other urban estates
Homeowner
Shall refer to an informal settler in the process of being accredited as beneficiary or awardee of ownership rights under the CMP, LTAP, and other similar programs.
Homeowner
Shall refer to a licensed or Certified Public Accountant (CPA) accredited by a professional organizations, such as, but not limited to, the Philippine Institute of Certified Public Accountants (PICPA) and other related professional organizations.
Independent Auditor
Shall refer to a controversy which arises out of the relations between and among two or more associations
Inter-association dispute
Shall refer to a controversy arising out of the relations between or among members of the association
Intra-association dispute
Shall refer to a person who has been given the rights to enjoy the property of another with the obligation of preserving its form and substance.
Usufructuary
Shall refer to a tract or parcel of land partitioned into individual lots, with or without improvements thereon, primarily for residential purposes.
Subdivision or Village
Shall refer to the housing programs and projects undertaken by the Government or by the private sector for the underprivileged and homeless citizens, following the standards of BP 220 and other relevant laws, and price ceilings as determined by the DHSUD and NEDA.
Socialized Housing
Shall refer to the union of two or more associations in contiguous areas into a single association resulting in the survival of the juridical existence of one of the associations and the termination of the others.
Merger
Shall refer to a person leasing or renting a residential unit in a subdivision or village.
Lessee
Shall refer to the amount paid by a member in consideration for membership in the association.
Membership Fees
Shall refer to a group of potential public housing beneficiaries living in contiguous areas, identified and accredited by or organized with the assistance of the LGU
Neighborhood association
Shall refer to 50% plus 1 of the total number of association members or, when specified under the bylaws or this Rules, of the total number of members in good standing.
Simple Majority
Shall refer to the DHSUD office that has jurisdiction over the region where the subdivision/village or community served by the association is located.
Regional Office
Shall refer to a document containing the proposed merger or consolidation of registered associations primarily the terms and conditions thereof, duly approved by the majority of all members of the Board and the members of each of the constituent association
Plan of Merger or Consolidation
HIGC and HGC (current) meaning
Home Insurance and Guaranty Corporation
Home Guaranty Corporation
CMP meaning
Community Mortgage Program
NHA meaning
National Housing Authority
HLURB meaning
Housing and Land Use Regulatory Board
DHSUD meaning
Department of Human Settlements and Urban Development
SEC meaning
Securities and Exchange Commission
LTAP meaning
Land Tenure Assistance Program
PCUP meaning
Presidential Commission for the Urban Poor
NUPSC meaning
National Urban Poor Sectoral Council
NGA meaning
National Government Agencies
SHFC meaning
Social Housing Finance Corporation
