Magna Carta of Homeowners and Homeowners Assn: RA 9904 (2011)

RULE 3 MEMBERSHIP IN THE ASSOCIATION Section 9. Membership. – Unless otherwise provided in the Contract to Sell, Deed of Sale, or other instruments of conveyance, or annotated in the title of the property, membership in the association is optional.

2016: HOMEOWNERS ASSOCIATION OFFICIALS STILL LACKING LEGAL MANDATE FROM MEMBERS

Whaaat, up to now Pacita Square Homeowners Assn officials are still wandering whether the were elected by the members or just on holdover positions since last scheduled election. Maybe a new strategy will help solve this problem of mandate from the members. A new law was passed last 2010 regarding Magna Carta of Homeowners. From what I understand, the law now specifically defined what are mandatory memberships for homeowners to join a Homeowners Association. Pacita Square Homeowners are now explicitly excluded from those required mandatory membership to an Association. Nowhere in the deed of absolute sale nor in the Transfer Certificate of Title can be found an annotation that owners of house and lot at Pacita Square or Pacita 2, must join a homeowners association. Homeowners, give some effort to check your documents. Thus, its very clear only those interested to join Pacita Square Homeowners Association are the homeowners to be called members. Non-members though shall not be denied basic social services that a member of Homeowners Assn enjoy, except non members must pay for the corresponding services. Therefore, if only the present leadership or group of interested homeowners will conduct a house to house survey to come up with homeowners willing to become members (respecting all rules and regulations, paying dues and fees as required), a new lists of active members can be determined. These new lists of members shall form part of the incoming election, and the question of quorum pestering each election period will be resolved. If there are only 20 interested homeowners to become active, then they are the only group entitled to elect new officers among themselves. Non members, or those who opted not to become members meantime, cannot have a voice in these elections and any active member can now claim legal mandate from the members. In the absence of legal impediments, these new officers can now plan, implement their programs for the welfare of their members, which may results to the betterment and improvement of our subdivision. Maybe if their programs are good and beneficial, others may finally join and become active members again.