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

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

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

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Section 4. Definition <strong>of</strong> Terms. – As used in these <strong>Implementing</strong> <strong>Rules</strong><br />

<strong>and</strong> <strong>Regulations</strong>, the following terms shall mean:<br />

a. Act refers to Republic Act <strong>No</strong>. <strong>9904</strong>, An Act providing for a Magna<br />

Carta for Homeowners <strong>and</strong> Homeowners Associations, <strong>and</strong> for other<br />

purposes<br />

b. Accounting period refers to the fiscal or calendar year adopted by a<br />

homeowners association in the recording <strong>and</strong> reporting <strong>of</strong> its fiscal<br />

transactions.<br />

c. Adjudicatory mechanism refers to the procedure in settling disputes<br />

involving the registration <strong>of</strong> two or more associations established within<br />

the same subdivision/village, community area, or housing project.<br />

d. Approved subdivision plan refers to a plan drawn to scale showing<br />

the divisions <strong>of</strong> a piece <strong>of</strong> l<strong>and</strong> intended for subdivision development<br />

delineating its open space <strong>and</strong> individual lots, bearing the signature <strong>of</strong><br />

a licensed pr<strong>of</strong>essional, <strong>and</strong> the stamp <strong>of</strong> approval <strong>of</strong> the NHA,<br />

<strong>HLURB</strong>, LGU or any appropriate government agency.<br />

e. Association refers to the homeowners association which is a nonstock,<br />

nonpr<strong>of</strong>it association registered with the Housing <strong>and</strong> L<strong>and</strong> Use<br />

Regulatory Board (<strong>HLURB</strong>), or one previously registered with the<br />

Home Insurance Guarantee Corporation (now Home Guaranty<br />

Corporation) or the Securities <strong>and</strong> Exchange Commission (SEC),<br />

organized by –<br />

[1] Owners or purchasers <strong>of</strong> a lot in a subdivision/village or<br />

other residential real property located within the jurisdiction<br />

<strong>of</strong> the association;<br />

[2] Awardees, usufructuaries, legal occupants <strong>and</strong>/or lessees <strong>of</strong><br />

a housing unit <strong>and</strong>/or lot in a government socialized or<br />

economic housing or relocation project <strong>and</strong> other urban<br />

estates;<br />

[3] Underprivileged <strong>and</strong> homeless citizens as defined under<br />

existing laws in the process <strong>of</strong> being accredited as<br />

usufructuaries or awardees <strong>of</strong> ownership rights under the<br />

Community Mortgage Program (CMP), L<strong>and</strong> Tenure<br />

Assistance Program (LTAP) <strong>and</strong> other similar programs in<br />

relation to a socialized housing project actually being<br />

implemented by the national government or the LGU.<br />

f. Association Member refers to a homeowner who is a member <strong>of</strong> the<br />

association where the housing unit or lot is situated <strong>and</strong> those defined<br />

in the articles <strong>of</strong> association <strong>and</strong> by-laws <strong>of</strong> the association

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