Implementing Rules and Regulations of R.A. No. 9904 - HLURB

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P a g e | 18 federation which shall take effect after a written notice of disaffiliation is filed with the federation and the Regional Office. Section 36. Memorandum of Disaffiliation. – Upon receipt of the notice of disaffiliation by a constituent association, the Regional Office shall enter a memorandum thereof in the records of the federation and the disaffiliating association, a copy of which shall be furnished the concerned parties. Section 37. Effects of Disaffiliation. – Upon disaffiliation, the federation loses its powers and privileges as set forth in the articles of association and bylaws over the disaffiliating association, while the latter loses its entitlement to the rights and privileges arising from membership in the federation. The disaffiliation shall be without prejudice to the settlement of any obligation incurred by the federation and constituent associations against each other. RULE 7 DISSOLUTION OF THE ASSOCIATION Section 38. Methods of Dissolution. – A homeowners association may be dissolved voluntarily or involuntarily. Section 39. Voluntary Dissolution where No Creditors are Affected. – If the dissolution of an association does not prejudice the rights of any creditor having a claim against it, the dissolution shall be effected as follows: a. The issuance of a Board Resolution authorizing the dissolution of the association: [1] Notice sent to all members of the Board, in accordance with the notice requirements of the by-laws, setting a date for a Meeting for the purpose of the dissolution of the association; [2] In the meeting called for the purpose, a majority of all the members of the Board shall be necessary for the approval of the Board Resolution dissolving the association; [3] The Board Resolution shall likewise state the date of the General Assembly which shall consider the dissolution of the association; b. A majority vote of all the members, duly notified beforehand, shall be required to dissolve the association. The Notice shall be – [1] Personally served or sent by registered mail to the members at least thirty (30) days before the scheduled meeting; [2] Published once a week for two (2) consecutive weeks in a newspaper of local circulation where the principal office
address of the association is located, or, if there is none, in a newspaper of general circulation once a week for two (2) consecutive weeks; [3] Posted at the bulletin board of the association and in other strategic and conspicuous places within its territorial boundaries. P a g e | 19 c. The Regional Office shall be furnished copies of the Resolutions of the board of directors/trustees and the general assembly of members dissolving the association, both of which shall be signed and certified as correct by a majority of the members of the Board of Directors/Trustees and countersigned by the Secretary. d. The Regional Office shall issue the certificate of dissolution upon determination that the application has complied with all the foregoing requirements and that it is not contrary to law. Section 40. Voluntary Dissolution where Creditors are affected. – Where the dissolution of an association may prejudice the rights of any creditor, the following procedure shall be followed: a. The association shall conduct the meetings and all solemnities required for the notice as stated in the first two (2) subsections of the immediately preceding section; b. Upon completion of the foregoing, a petition for dissolution shall be filed with the Regional Office which shall have the following requirements: [1] The petition shall be signed by a majority of its board of directors or trustees or other officers of the association having the management of its affairs; [2] The petition shall be verified by its president or secretary or one of its directors or trustees, and shall set forth all claims and demands against it, and that its dissolution was resolved upon by the affirmative majority vote of its members at a meeting called for that purpose; [3] The resolutions of the board and the general membership attesting to the consent of the majority of both the members of the Board and the general membership shall be attached to the petition, including proof of publication of the notice, its personal service or service by registered mail to all members and posting; c. If the petition is sufficient in form and substance, the Regional Office shall, by an order reciting the purpose of the petition, fix a date on or before which objections thereto may be filed by any person, which date shall not be less than thirty (30) days nor more than sixty (60) days
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Implementing Rules and Regulations of R.A. No. 9904 - HLURB

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