FILINVEST HEIGHTS HOMEOWNERS
ASSOCIATION INC.
Jericho St., Filinvest Heights Subd., Bagong Silangan, Quezon City
Tel. No.8951.4220 Email fhhaioffice@yahoo.com
FILINVEST HEIGHTS HOMEOWNERS ASSOCIATION, INC.
BY-LAWS
JULY 15, 2025
ARTICLE I
DECLARATION OF PURPOSE
The purpose of this Association is set in its Articles of Incorporation. Its primary goal is to facilitate the delivery of adequate social and economic service to improve the life of its members.
ARTICLE II
NAME AND LOCATION
The name of this association is FILINVEST HEIGHTS HOMEOWNERS’ ASSOCIATION, INC. (FHHAI). Its principal office address is Block 11 Lot 9, Jericho St., Filinvest Heights Subdivision, Barangay Bagong Silangan, Quezon City.
ARTICLE III
HOMEOWNERSHIP
Section 1 – Commencement of Homeownership. Homeownership begins by owning/purchasing a lot or a house and lot in the subdivision for residential purposes only.
Section 2 – Termination of Homeownership. Homeownership is terminated by:
1. Transfer of ownership of the property through conveyance by conditional or absolute sale, assignment or donation.
2. Any other legal transfer of ownership which shall authorize the association to deny homeowner rights to transfer under this section.
ARTICLE IV
MEMBERSHIP
Section 3 – Members. All homeowners who are registered owners as shown in their Transfer Certificate of Title or purchase of lot in the Filinvest Heights Subdivision whose purchase thereof is annotated in the Transfer Certificate of Transfer shall automatically be members of the FHHAI.
Section 4 – Qualification of a Member. Every homeowner shall be qualified to be a member of the association (FHHAI). A homeowner may designate any of his/her family member or lessee as his/her representative to apply for membership in the association and act on all matters related thereto; provided, that the homeowner executes a Special Power of Attorney (SPA) in favor of his/her representative who shall exercise all rights, obligations and prerogatives of membership and agree to be bound by the consequences of the representative’s actions and or omissions; provided, further, that the representative complies with all the requirements of membership.
Section 5 – When a homeowner owns more than one (1) lot, he/she shall apply for membership for each lot. In a lot with multi-dwelling, a homeowner may designate a representative to apply for membership in the association and act on all matters related thereto; provided, that the homeowner executes an SPA in favor of his/her representative who shall exercise all rights, obligations and prerogatives of membership, and agree to be bound by the consequences of the representative’s actions and omissions; provided, further, that the representative complies with all the requirements of membership.
Section 6 – In all cases, the SPA shall be valid until revoked. When the homeowner issues an SPA for the above purpose, he/she is deemed to have waived the rights of an association member except the right to inspect association books and records.
Section 7 – Commencement of Membership. Membership shall commence upon homeownership. Association membership shall become effective upon acceptance by the Board of Directors of the membership application and payment of membership fee.
Section 8 – Termination of Membership. Membership in the association is terminated once the member ceases to be a homeowner. Termination of membership shall extinguish all rights of a member.
Section 9 – Rights of a Member. A member shall have the following rights:
1. Avail of and enjoy all basic community services and the use of common areas and facilities; provided, that the member is in good standing.
2. Inspect association books and records during office hours and to be provided, upon request, with a copy of annual reports, including financial statements, at the member’s own expense.
3. Participate, vote and be eligible for any elective or appointive office of the association subject to the qualification requirements.
4. Participate in association meetings, elections and referenda; provided, that the member is in good standing.
5. Demand and promptly receive refund of deposits required by the association such as construction bonds, security deposits, as soon as the condition for the deposit has been complied with.
Section 10 – Duties of a Member. A member shall have the following duties:
1. To pay on time monthly dues, fees and special assessments.
2. To attend meetings of the association, either in person or by proxy.
3. To support and participate in the community development programs, projects and activities of the association.
4. To comply with the policies, rules, regulations and legal orders, directives and other issuances of the DHSUD.
5. Non-compliance with the above and all other duties may be ground for the imposition of sanctions against a member.
Section 11 – Voting Rights. A member shall be entitled to vote based on the number of membership under his/her name. A member may exercise his/her voting rights in person or by proxy.
Section 12 – Delinquent Member or Member Not in Good Standing. A member may be declared delinquent or not in good standing by the Board of Directors on any of the following grounds:
1. Failure to pay at least three (3) cumulative monthly dues, fees and/or other assessments despite repeated demands by the association.
2. Repeated violation of and non-compliance with, including, but not limited to, final orders and directives, pertinent laws, rules and regulations and policies issued by duly constituted authorities.
3. Commission of conduct detrimental to the interest of the association and/or the community and determined by the Board of Directors based on competent proof and after due notice and hearing, to have been committed by the member.
4. Failure to attend general membership meetings in person or by proxy without any justifiable reason for at least three (3) consecutive membership meetings despite receipt of notice.
5. A member who has been declared delinquent or not in good standing in accordance with the procedure in the succeeding Section is not entitled to exercise the rights of a member, except the right to inspect association books and records, but is nevertheless obliged to pay all the fees, dues and other assessments charged the members of good standing.
Section 13 – Procedure in declaring a member delinquent or not in good standing. The Board of Directors or the committee assigned by the Board of Directors shall observe the following procedure in declaring a member delinquent or not in good standing:
1. The Board of Directors or the committee shall immediately notify the said member in writing of the violation and require him/her to explain in writing, within fifteen (15) days from the receipt of the notice of violation, why he/she should not be declared delinquent or not in good standing.
2. In case the violation was for non-payment of dues, fees, and/or other assessments, the notice shall state that the said member is given a grace period of sixty (60) days reckoned from the receipt of notice to pay the arrearages. The member shall notify the Board or the committee of his/her intention to avail of the grace period within fifteen (15) days from receipt of the notice.
3. After the lapse of fifteen (15) days, with or without a written explanation or notice of intention to avail of the grace period, the Board may conduct a hearing.
4. Within fifteen (15) days from the commencement of the hearing and deliberations, or the termination thereof, whichever is earlier, the member may be declared delinquent or not in good standing by a majority vote of all members of the Board, through a resolution issued to that effect.
5. The President shall notify the member concerned of the decision of the Board and shall furnish him/her a copy of the board resolution.
6. The member declared delinquent or not in good standing may file a motion for reconsideration with the Board within ten (10) days from the receipt of the board resolution. The motion must be resolved by the Board within five (5) days from the receipt thereof.
Section 14 – Sanctions against a delinquent member or a member not in good standing. The rights and privileges of a member are suspended upon the declaration of delinquency by the Board. In the event that the delinquent member is the representative, such suspension shall extend to the homeowner and all those residing in his/her property as a sanction. The obstruction of ingress and egress in the subdivision shall not in any case be imposed as a sanction.
Section 15 – Reinstatement of a delinquent member or a member not in good standing. The Board shall, by a majority vote of those present at a meeting with a quorum, reinstate the membership of the delinquent member within ten (10) days from the receipt of proof of satisfaction of the sanctions imposed. In the event that the Board fails to do so, through no fault of the delinquent member, such as, but not limited to, the failure of the Board to hold a meeting or muster a quorum, his/her membership shall be deemed automatically reinstated and all the rights restored.
If the delinquency is based on the failure to attend three (3) consecutive general membership meetings, the submission of an undertaking to attend the next general assembly shall result to the conditional reinstatement of the delinquent member, while the issuance of a proxy in favor of a member of the Board chosen by the delinquent member for the next general assembly shall restore his/her membership in good standing.
When declaration of delinquency is due to non-payment of dues, fees and/or other assessments or charges. Full payment of the arrears shall automatically reinstate his/her status of good standing on the day following the receipt by the association of the notice and proof of payment.
ARTICLE V
DUES, FEES, AND OTHER ASSESSMENTS
Section 16 – Membership Fee. Every homeowner shall pay a one-time fee in the amount of Five thousand Pesos (P5,000.00) association membership.
Section 17 – Association Dues. Monthly association dues of Seven Hundred Pesos (P700.00) shall be collected from every member to defray the administrative costs and operational expenses of the association.
Section 18 – Lot Dues. Dues collected to cover maintenance and upkeep of the community.
Section 19 – Grass Cutting Fee. Fee collected for every unoccupied lot to prevent the growth of shrubberies/weeds.
Section 20 – Rental Fee. Fee collected to cover the cost of maintaining and using shared amenities like clubhouse, multi-purpose hall, swimming pool, basketball court, and other facilities of the association.
Section 21 – Security Deposit. Deposit collected for leased areas to defray expenses for incidental damages incurred in the association’s facilities.
Section 22 – Road Maintenance. Fee collected for the upkeep, repairs and maintenance of the roads/streets of the subdivision.
Section 23 – Special Assessments. The Board may. from time to time, assess and collect from each member a reasonable amount as may be necessary to fund special community projects for the common good and benefit of the association, as approved by majority of the members of the association.
Section 24 – Contributions. The Association may raise funds for its programs and activities through contribution, donations and/or other forms.
Section 25 – Construction Bond and Permits. A bond is mandatory to ensure compliance with subdivision regulations, such as completing the construction and/or repair within a specific timeframe, avoiding damage to common areas or mitigating nuisance to other homeowners. It acts as a financial guarantee that the subdivision can use to cover any violation or harm arising from construction and/or repair.
ARTICLE VI
MEETINGS
Section 26 – General Assembly. Regular or annual meetings of the general membership shall be held on the 1st week of December.
Special or emergency meetings shall be held any time as may be called by the Board or upon petition to the Board by thirty percent (30%) of the members in good standing, with the notice from the President or in his absence, the Vice-President.
Meeting of members shall be presided by the President, or in his/her absence, the Vice-President.
Regular, special or emergency meetings may be held in person or through remote or electronic means, or a combination of both.
Notice of assembly meetings shall be served to the members or any of the member’s household of legal age through any available means, at least two (2) weeks prior to the date of the meeting, shall be posted at the association’s office, in at least three (3) conspicuous places within the subdivision, and in the official social media account of the association.
Section 27 – Quorum in Regular, Special or Emergency Meetings. A majority of the members in good standing shall constitute a quorum to transact business.
Every decision of the majority of members present at a meeting where there is a quorum shall be valid as a corporate act, except those that require the vote of the majority of all the members of the association.
In the event of failure to obtain the required quorum after one (1) meeting, the association shall hold a referendum within thirty (30) days from the date of the last failed meeting, provided, that the notice of the referendum together with an executive brief, detailing information on the issues to be voted on, shall be sent either personally or through electronic means to all members at least fifteen (15) days prior to the date of the referendum. The notice, together with the executive brief, shall be posted at the association’s office, in at least three (3) conspicuous places within the subdivision, and in the official social media account of the association.
Section 28 – Proxies in Meetings. Association members may vote in person or by proxy in all meetings of members. Proxies shall be in writing, signed by the member and filed with the secretary of the association. In all cases, proxy shall be issued for a special purpose. No proxy shall be valid and effective for a period longer than two (2) years from the date of its issuance unless earlier revoked by the member.
Section 29 – Annual Statement. A true and full statement of the affairs of the association, including the financial status, shall be reported at the annual meeting for the information of the members.
Section 30 – Minutes. Minutes of the meeting shall be prepared, kept and preserved by the association Secretary as a record of the matters and business transacted at such meetings.
ARTICLE VII
BOARD OF DIRECTORS
Section 31 – The powers of the association shall be exercised, all business conducted, and all of its property controlled and held by the Board elected from among the members in good standing.
Section 32 – Composition of the Board. The Board of Directors shall compose of nine (9) elected members of the association.
Section 33 – Compensation. The members of the Board shall serve without compensation in any form of salaries and/or allowances such as per diem, meal, gas/transport and unreasonable representation expenses. The prohibition against receiving compensation does not apply to other officers and employees of the association who are not members of the Board. Reasonable expenses incurred by the Board directly in connection with and necessary for the conduct of official activities, may be reimbursed upon presentation of receipts and/or other documentary evidence in support of such claims.
Section 34 – Association Officers. The Board shall have the following executive officers who shall be responsible for the management of the association’s business: President, Vice-President, Secretary, Treasurer and Auditor who must all be Filipino citizens. No one shall act as president and secretary, or as president and treasurer at the same time. Non-resident members and lessees are not qualified to be elected or appointed as president and treasurer of the association. However, the President can only serve one term of office.
The officers shall be elected by the Board from among themselves during the organizational meeting or the first meeting of the Board immediately after the election.
Section 35 – Qualifications of Directors. A director of an association:
1. Must be a Filipino citizen.
2. Must be of legal age.
3. Must be physically and mentally fit.
4. Must not be declared delinquent or member not in good standing hereof as of three (3) months prior to the date of the election, regardless of any subsequent declaration of delinquency or disqualification by the Board prior to the election.
5. Has not been convicted by final judgement of an offense involving moral turpitude.
The legitimate spouse, common law partner, or any of the children of a qualified member, when qualified in his/her own right and not disqualified by his/her own account, may be a candidate in lieu of the member. This excludes the legitimate spouse, common law partner, or any of the children of the members of the incumbent Election Committee.
The Director or officers, during their term, shall continuously possess all the qualifications and none of the disqualifications enumerated in the immediately following section; otherwise, the Board is authorized to remove them from office through a resolution approved by the majority of all its members.
Section 36 – Disqualification of Directors. Grounds for disqualification of a director are the following:
1. Convicted by final judgment of fraud, falsification, defalcation and other similar violations.
2. Financial or pecuniary interest, directly or indirectly, in any business, contract or transaction which may intervene in his/her official capacity as director or officer of the association.
3. Declared by DHSUD as permanently disqualified for having unreasonably or unjustifiably failed or refused to call for an election in accordance with the By-Laws and/or this Rules.
4. Unreasonably failed and/or refused to comply with the orders of DHSUD and/or appellate court.
5. Membership in another registered homeowner’s association.
6. Resigned as a Board Director.
Section 37 – Terms and Assumptions of Office. The Board shall hold office for a fixed term of two (2) years to provide adequate period to fulfill its duties and responsibilities. No Member of the Board shall serve for more than two (2) consecutive terms.
Assumption of office of the newly elected Board shall commence from the date of expiration of the term of the outgoing Board.
Section 38 – Duties and Responsibilities of the Board. The Board, which has primary authority to manage the affairs of the association, shall have the following duties and responsibilities:
1. Regularly maintain an accounting system using generally accepted accounting principles and keep books of accounts which shall be open for inspection to any homeowner and duly authorized representative of government agencies upon request, during reasonable hours on business days.
2. Collect reasonable fees, dues and assessments as approved by the majority of the members of the association.
3. Collect reasonable charges for assessments, and after due notice and hearing by the Board, charge reasonable fines for the late payments and for violation of the By-Laws, rules and regulations of the association, in accordance with a previously established schedule adopted by the Board and furnished to the homeowners.
4. Propose measures to raise funds and the utilization of such funds and submit the same for consideration of the members of the association.
5. Act in all instances on behalf of the association, except to amend the Articles of Incorporation and By-Laws, to dissolve the association, to elect members of the Board or to determine the qualifications, powers and duties, and/or terms of office of the Board, and other instances that require the vote or approval of the majority of members.
6. Have a working knowledge of the statutory and regulatory requirements affecting the association.
7. Adopt a system of internal checks and balances to safeguard the integrity of the operations of the association.
8. Initiate programs and projects to enhance and upgrade the delivery of adequate social and economic service with the end vision of improving the life of its members.
9. Ensure the efficient and effective operation and management of the Association for the benefit of all homeowners.
10. Regularly prepare and disseminate to all homeowners the performance record of the FHHAI to include its financial aspect.
11. Exercise such other powers as may be necessary and proper for the accomplishment of the goals for which the association was organized.
Section 39 – Removal of a Director. A director directly elected by the members of the association may be removed from office through a petition duly signed by the majority of the members in good standing, for any cause or causes provided in section 41, subject to verification and validation of DHSUD.
Section 40 – Dissolution of the Board of Directors. The Board may be dissolved through a petition signed by the two thirds (2/3) of the association members in good standing, for any cause or causes provided in section 41, subject to verification and validation of the DHSUD.
Section 41 – Grounds for Removal of a Director of Dissolution of the Board A director, if directly elected by the members, may be removed, or the Board may be dissolved on several grounds, such as, but not limited to the following:
1. Loss of trust and confidence
2. Conflict of interest
3. Mismanagement, fraud or abuse of authority
4. Tolerated the commission of fraudulent activities and other illegal acts committed by the director.
5. Gross negligence in managing the affairs of the association.
6. Failed to perform their fiduciary duties and/ or responsibilities.
7. Any of the grounds enumerated in Section 36 hereof, or
8. Non-performance of duties and responsibilities of the Board as enumerated in Section 38 hereof.
Section 42 – Vacancy in the Office of the Director. Any vacancy in the Board of Directors due to removal, resignation, withdrawal, death or incapacity or any other cause or causes shall be filled by a majority vote of members in good standing at a special election duly called for the purpose. Any vacancy in the officers elected by the members of the Board among themselves shall be filled by the votes of the majority of the total number of the Directors. The director elected shall serve only the unexpired term of office of his/her predecessor in office.
Section 43 – The Board shall hold regular meetings every month at the principal office of the association. The President or in his absence, the Vice President, may call for a special or emergency meetings as the need arises to immediately resolve important or critical issues that affect the safety, security and welfare of the homeowners The President or in his absence, the Vice President, shall preside all Board meetings.
Section 44 – Attendance in Board Meetings. A Director shall attend the board meeting in person or through remote or electronic means of communication.
Directors who cannot physically attend or vote at Board meetings can participate and vote through remote communication such as videoconferencing, teleconferencing or other alternative modes of communication that allow them reasonable opportunity to participate. Directors cannot attend or vote by proxy at Board meetings.
Section 45 – Quorum in Board Meetings. A majority of the number of directors shall constitute a quorum to transact business. Every decision of at least majority of the directors who participated at a meeting shall be valid, except those acts that require the vote of the majority of all the members of the Board.
Section 46 – Turn-over of Association Books, Records, Funds, and Properties by Outgoing Directors. To ensure the orderly turnover of the management of the association, the outgoing directors shall turn over all association books, records, funds, properties and other assets to the newly elected director within fifteen (15) days, without the need of demand, from the assumption of office of the newly elected Board or officers, notwithstanding the pendency of an election protest before the DHSUD, unless a cease and desist order has been issued enjoining their assumption and/or performance of duties as such.
In the event the outgoing Board unjustifiably refuses to turn over the association books, records and properties, despite demands made by the newly elected Board, the latter shall notify in writing the DHSUD of such failure to turn over. The DHSUD shall, if proper, order the turnover of the association books, records, funds and properties, under pain of imposition of sanction for non-compliance.
ARTICLE VIII
OFFICERS
Section 47 – The officers of the association shall be a President, Vice President, Secretary, Treasurer and Auditor and such other officers that the Board deems needed and or necessary to efficiently and effectively manage the affairs of the associations.
Section 48 – President. The President shall preside all meetings of the members and of the Board of Directors. The President shall exercise such powers and perform such duties inherent to his office including those delegated to him by the Board. The President shall:
1. Represent the Association in all internal and external activities/affairs.
2. Represent the Association in all project/programs initiated by the LGU concerning the subdivision.
3. Prepare, in consultation with appropriate officers and committees, a yearly program of activities and submit an annual report of the operation of the Association to the members at the annual meeting and to the Board such statements, reports, memoranda and accounts as may be requested by the latter.
4. Ensure that all Officers/Committees perform their respective assignments on a timely basis.
5. Monitor performance of established committees.
6. Execute in the name of the association all contracts and agreements authorized by the Board.
Section 49 – Vice President. The Vice-President shall be vested with all the powers and authority of, perform the duties of the President during the absence or incapacity of the latter, and shall perform such other duties that the Board may assign to him/her. He/she shall assist the President in all matters affecting the operation of the association.
Section 50 – Treasurer. The treasurer shall have the overall responsibility for all association funds, receipts and disbursements of the association, and shall perform the following:
1. Act as custodian of the funds and property of the association.
2. Keep a complete and accurate record of all receipts and disbursements of the association and ensure that all disbursements and/or expenditures are evidenced by appropriate vouchers.
3. Disburse the funds of the association for specific purpose/s authorized by a resolution of the Board.
4. Collect fees, dues and assessments from the members with the amount provided in this By-Laws and/or approved by the majority of the members.
5. Deposit the funds of the association in bank accounts under the name of the association.
6. Monitor all delinquencies, issues and sends notices or demand letters on overdue association dues, fees and/or other assessments.
7. Prepare the financial statements of the association to be submitted and reported to the Board and to the President monthly, and to report to the members during the general assembly an account of the financial condition of the association.
8. Performs other duties incidents to the office of the Treasurer.
Section 51 – Secretary. The Secretary shall have the following duties and responsibilities.
1. Keep and maintain a master list of members. Acts as repository of all records and other documents of the association and handles all correspondences of the association.
2. Prepare the minutes of the meeting of the Board of Directors.
3. Prepare, issue Board Resolutions for projects, repairs and or expenses exceeding Ten thousand pesos (P10,000.00) stating therein the purpose of such expenses.
4. Prepare all correspondences of the Association as directed by the President and/or Board of Directors.
5. Manage and handle the social media platforms (Facebook, Viber, Messenger, and other social media outlets) of the Association to ensure timely dissemination of information/advisories.
6. Keep all corporate records and the seal of the Association which shall be affixed to such instruments as may be required and attested by the Treasurer.
7. Post a copy of the By-Laws, rules and regulations, Board of Directors Code of Ethics and all amendments thereto in the association’s website for member’s information and perusal.
8. Perform such other duties incident to the office of the Secretary and as the Board may assign.
Section 52 – Auditor. The Auditor shall have the following duties and responsibilities.
1. Conduct a monthly audit of all financial accounts, books and transactions and inventory of the assets of the Association.
2. Ensure that all financial transactions are properly documented and recorded.
3. Submit monthly audit report to the Board of Directors or by the request of the majority of the members.
4. Ensure that the Association maintain an accounting system using generally accepted accounting principles.
5. Perform all duties attached to the office of the Auditor and other duties as may from time to time be assigned by the Board.
ARTICLE IX
COMMITTEES
The Board shall have the power to create committees, such as, but not limited to, the following:
Section 53 – Election Committee. The members of the Committee must be members in good standing, not members of the incumbent Board, and must have no intention to run for any elective or appointive office during their term. The members of the Committee shall hold office for a fixed term of two (2) years.
The Election Committee shall have the following duties and responsibilities:
1. Formulate election rules in accordance with the rules and regulations of DHSUD.
2. Conduct regular elections on the date fixed in the By-Laws and conduct a special elections and referenda, as may be necessary.
3. Ensure that all members are notified of the election rules and regulations, the date, time and venue of the election, and all election related activities.
4. Screen and pass the qualifications of the voters and candidates based on the latest list of members submitted to DHSUD. The final list of voters and candidates shall be posted on the bulletin board of the association, in at least three (3) conspicuous places within the subdivision and in social media account of the association, if any, not later than twenty (20) days from the calling of election.
5. Validates proxies.
6. Resolve all election related issues within five (5) days from receipt of the election protest or contest.
7. Proclaim the winning candidates.
8. Prepare and submit election reports to the DHSUD within fifteen (15) days after the election.
9. Perform such other duties and responsibilities as may be necessary for an orderly, peaceful and honest elections.
Section 54 – Grievance and Mediation Committee. The members of the Committee must be members in good standing and not members of the incumbent Board. The Committee shall accept and investigate grievances or complaints filed by directors and or officers, homeowner or beneficial user against any other member, homeowner, beneficial user director or officer shall settle any disputes within its power. The Committee shall resolve the complaints or disputes brought before it within thirty (30) days from the receipt thereof. Any controversy or dispute shall first be brought before the Grievance Committee prior to elevating the same to the barangay or DHSUD.
Section 55 – Disaster and Emergency Management Committee. The Board of Directors shall create a Disaster and Emergency Management Committee to formulate plans and programs in order to mitigate the effects of emergencies and disasters on the Community. The Committee shall be composed of at least five (5) members selected by the Board of Directors. The following are the duties and responsibilities of the Committee:
1. Formulate plans and programs to manage the effects of disasters and emergencies to the community.
2. Create a disaster and emergency management teams within the community to response to disasters and emergencies.
3. Coordinate with National and Local Government Agencies (DRRMO, PAGASA, PHIVOLCS) on disaster and emergency preparedness.
4. Conduct regular risk assessments in the community to identify risk potentials and hazards/vulnerabilities.
Section 56 – Property and Facility Management Committee. The Property and Facility Management Committee shall take charge of the maintenance, upkeep and repair of community facilities and services. It shall be responsible for the cleanliness and sanitation within the community.
Section 57 – Construction Committee. The Construction Committee shall ensure that all Engineering and Technical Requirements of FHHAI are complied with and observed by all homeowners/contractors/workers. The Committee shall issue building clearances/permits prior to construction. It shall conduct random inspection of all construction/work sites to ensure compliance with FHHAI construction guidelines and procedures. It shall also be responsible in the issuance of violation ticket to any or all construction workers who did not comply with existing rules and regulations.
Section 58 – Security Committee. The Committee shall be responsible for maintaining the peace and order in the community. It shall manage the implementation of all security policies and procedures. Manages the Access Control System and the Closed-Circuit Television System (CCTV). It ensures that the Contracted Security Services is strictly implementing the access, visitor, material and vehicle control measures. Investigates security breaches and incidences of losses and damages within the community. It coordinates with Local Police/Barangay in ensuring a safe and secure environment in the community.
Section 59 – Sports and Events Committee. The Committee shall be tasked with the planning, organizing and implementing sports and social events to enhance the community relations among members. It organizes activities to bring out the spirit of camaraderie among the members for a happy community.
Section 60 – Audit Committee. The Committee shall be responsible for auditing the accounts of the Association. It shall conduct such audit at least semi-annually and submit its reports to the Board of Directors. The members of the committee must be in good standing and not members of the incumbent Board.
ARTICLE X
ELECTIONS
Section 61 – Holding of Elections. Election shall be conducted no later than thirty (30) days prior to the expiration of the term of existing Board, to ensure smooth transition of management from the outgoing Board to the incoming Board.
Section 62 – Holding of Elections under extraordinary circumstances. Regular or special elections may be conducted through any alternative voting system, such as electronic or online voting, mobile or ballot box voting system or a combination of both; Provided, that the voting system to be used has been approved by the Board of Directors.
The Election Committee shall send or deliver a notice of election to all members, by means of such as, but not limited to, electronic mail or messaging, Facebook, Messenger of Viber, at least five (5) days prior to the date of election.
Section 63 – Calling of an Election. The Board must call for a general assembly to elect the members of the Election Committee, ninety (90) days prior to the date of election.
Section 64 – Notice of Election. The Notice of Election must be served to all members in good standing at least five (5) days prior to the scheduled date of election. To prevent any failure of election due to absence of quorum, the following shall be stated in the Notice:
1. A declaration that the recipient is a member in good standing of the association.
2. A declaration of the member’s intent to participate in the election, either in person or by proxy.
3. A statement that the mere receipt of the Notice of Election shall suffice to determine the existence of a quorum in the election, regardless of whatever the member participates in the election, either in person or by proxy.
Section 65 – Quorum in Elections. A simple majority of members in good standing shall constitute a quorum. Mere receipt of the Notice of Election by the members or any member of his/her household with sufficient discretion, shall be counted to determine the existence of a quorum for election.
Section 66 – Proxies in the Elections. Qualified members may vote in person or by proxy in all elections. Proxies shall be in writing, signed by the member and submitted to the Election Committee in accordance with the schedule provided in this By-Laws or in the election guidelines, and validated by the said committee. In all cases, the proxy shall be issued for a specific election.
Section 67 – Failure of Election. When a regular or special election cannot be held or conducted due to lack of candidates or the number of qualified candidates did not reach a number as to constitute the majority of the entire Board, or for any other serious causes such as the holding of a free, orderly and honest election is impossible, the Election Committee shall declare a failure of election and shall notify the DHSUD of such declaration within fifteen (15) days from the date of the failed election.
Section 68 – Effect of the Failure of Election. The power and authority of the incumbent Board, notwithstanding the declaration of failure of election shall be deemed functus officio by the expiration of their term of office, regardless of whether the failure of election is reported or not. No member of the incumbent Board shall be allowed to exercise any authority in hold-over capacity of whatever nature.
Section 69 – Election Reports. Within fifteen (15) days from the date of any regular or special election, the Election Committee shall submit the following to DHSUD:
1. Copy of the notice of election sent to members and posted in conspicuous places in the subdivision.
2. Proof of service and receipt and posting of the notice of election or notarized certification issued by the Election Committee attesting that notices of election were sent and/or delivered to all members and that said notices were posted at the office of the association, on bulletin boards and other common areas and in conspicuous places within the subdivision.
3. Master list of qualified voters as certified by the association secretary and attested to by the treasurer.
4. List of members who participated in the election or the attendance sheet with the corresponding signature of the members present, certified by the Election Committee.
5. Notarized Minutes of Elections prepared and signed by the Election
Committee stating, among others, the following:
a. Mode or modes of conducting the election
b. Total number of qualified voters, the number of voters who cast their votes or participated in the elections
c. The number of votes garnered by each candidate, ranking and result of the voting
d. Copy of election tally sheets certified by the Election Committee
6. Notarized updated General Information Sheet signed by the association secretary
ARTICLE XI
FINANCIAL TRANSACTIONS AND OTHER RECORDS
Section 70 – Contracts. The Board shall, by a specific resolution, authorize any directors/officers/committee chairman to enter any contract or execute and deliver any instrument in the name or on behalf of the association.
Section 71 – Signing of Checks, etc. All checks, drafts or other orders for payment of money, and all notes, bonds or other evidence of indebtedness issued in the name of the association shall be signed jointly by the Treasurer, President and Secretary.
Section 72 – Deposits. All funds of the association such as association dues, membership fee, grass cutting, lot dues, rentals, road maintenance, violations penalties, security deposit shall be deposited from time to time to the credit of the association in the designated bank or banks.
Section 73 – Financial-related Management. The association shall observe the following with regards to its fund, financial and other record:
1. The association or its managing agent shall keep financial and other records sufficiently detailed to enable the association to fully declare to each member the true statement of its financial status. All financial and other records of the association including, but not limited to checks, band records and invoices, in whatever form these are kept, are the property of the association.
2. A financial statement of the association shall be prepared annually by the Treasurer, attested to by the President and audited by the Auditor and/or an independent certified public accountant, shall be posted in the association office, bulletin boards and other conspicuous places within the community and shall be submitted to the DHSUD within ninety (90) days from the end of the accounting period.
3. The funds of the association shall be kept and deposited in bank accounts in the name of the association and shall not be joined or co-mingled with the fund of any other association, director, officer or any other responsible for the custody of such funds.
Section 74 – Fiscal Year. The Fiscal Year of the association shall begin on the 1st day of January and ends on the 31st day of December of each year.
ARTICLE XII
MISCELLANEOUS PROVISIONS
Section 75 – Board Rules and Regulations. The Board shall have the power to promulgate such rules and regulations in accordance with the Articles of Incorporation and/or By-Laws.
ARTICLE XIII
AMENDMENTS
Section 76 – This By-Laws or any portion or provision thereof may be amended or repealed by majority vote of all members of the association in good standing at a duly called and held regular or special meeting; provided, the notice of such meeting shall contain a fair statement of proposed amendments. The amendments shall be effective and may be implemented upon the approval of the DHSUD.
Adopted and approved by all the Board and members of the association on ____________ at____________.
IN WITNESS WHEREOF, we have hereunto set our hands this _______day of ______ at ______.
Surviving Incorporators of the Association
HERMAN Z. ONGKIKO ELMER L. GALZOTE
RICARDO B. BALBAGO
Current Board of Directors
REYNANTE B. PUNONGBAYAN TEODORICO A. BANDALA
RODRIGO D. LEGASPI ALBERTO M. SANCHEZ
PASCUALITO B. GATAN THAN LWIN TUN
ARTURO B. CONCUBIERTA, JR VIRGINIA V. REYES
FRANCISCO O. CASTRO
Board of Directors
NAME ADDRESS
Reynante B. Punongbayan 98 Jericho St.
Teodorico A. Bandala 15 Matthew St.
Rodrigo D. Legaspi 85 Filheights Ave.
Alberto M. Sanchez 25 Daniel St.
Pascualito B. Gatan 14 David St.
Than Lwin Tun 26 Jericho St.
Arturo B. Concubierta, Jr. 10 Hosea St.
Virginia V. Reyes 81 Filheights Ave.
Francisco O. Castro 1 Timothy St.