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Guidelines On Hoa Elections

The document outlines the procedures for conducting elections for homeowners associations as established in the Magna Carta for Homeowners Associations. It states that elections must be held regularly based on the date set in the association's bylaws. It provides qualifications for board members and officers, guidelines for nominations, proxies, the election committee responsibilities, notice requirements, and procedures for addressing failed elections or contests.

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Karmaranth
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2K views

Guidelines On Hoa Elections

The document outlines the procedures for conducting elections for homeowners associations as established in the Magna Carta for Homeowners Associations. It states that elections must be held regularly based on the date set in the association's bylaws. It provides qualifications for board members and officers, guidelines for nominations, proxies, the election committee responsibilities, notice requirements, and procedures for addressing failed elections or contests.

Uploaded by

Karmaranth
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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According to the MAGNA CARTA FOR HOMEOWNERS AND

HOMEOWNERS ASSOCIATIONS (“Magna Carta”), a registered


Homeowners’ association (“HOA”) shall hold regular elections on the time
or date set forth in its by laws. To wit:

“Section 57. Holding of Elections. – A Homeowners association


shall hold regular membership meetings or elections on the
time or date set forth in its bylaws.”

On the basis of the Implementing Rules and Regulations of the


Magna Carta1 and the mandated framework of the By-Laws of
Registered Homeowners’ Association the conduct of election are as
follows:

1. DATE OF ELECTION – The date of election shall be based on the


date set forth in the By-Laws

2. QUALIFICATIONS OF A MEMBER OF THE BOARD AND AN


OFFICER OF THE HOA –

“Section 52. Qualifications of Officers. – A director and officer of an


association –

a. Must be legal age;

b. Must be a member in good standing;

c. Must be an actual resident of the subdivision, housing or


relocation project for at least six (6) months as certified by the
association secretary or in default thereof, by a member having
personal knowledge thereof; and,

d. Has not been convicted by final judgment of an offense involving


moral turpitude.

The legitimate spouse of a member may be a candidate in lieu of the


member.”

3. NOMINATION - Nomination of candidates for directorship shall be


made at least fourteen (14) days before the scheduled election. The

1
Board Resolution No. 877, Series of 2011

1
list of qualified nominees shall be posted at least seven (7) days
prior to the said election at the bulletin board of the Association or
in any conspicuous place in the area of jurisdiction of the
association.

4. WHO ARE ENTITLED TO VOTE – Members in good standing are


allowed to vote.

5. PROXIES – Under Section 58 of the IRR of the Magna Carta,

“Section 58. Proxies. – 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 before the scheduled meeting with
the association secretary. Unless otherwise provided in the proxy, it
shall be valid only for the meeting for which it is intended. No proxy
shall be valid and effective for a period longer than three (3) years at
any one time unless earlier revoked by the member.”

6. ELECTION COMMITTEE - The Committee on Election (EleCom)


shall be composed of five (5) members, to be elected by the
members in the annual meeting who shall serve for a term one (1)
year until their successors have been elected and duly qualified.
The Committee shall supervise all election activities of the
Association, including referenda, plebiscites, petitions, and recalls
of Directors.2

7. NOTICE OF ELECTION - At least fourteen (14) days prior to such


meeting and the posting in a conspicuous place in the subdivision
of a notice at least fourteen (14) days prior to the meeting. 3

8. ELECTION REPORTS - Election reports to be within fifteen (15)


days from the date of the regular of special election:
1. Proof of notice of election;

2. Copy of the notice sent to the members or posted on conspicuous


places stating the date, time and place of the election;

3. Attendance sheet signed by the members an attested by the


association secretary;

2
The number of members and term of office of the EleCom will vary depending on the
provisions of the By-Laws of the HOA.
3
This is the standard provision on the Notices for Annual or Special Meetings which
cover Elections, it is best to refer to the By-Laws of the HOA regarding the rules on the
posting and personal service of notices

2
4. Notarized minute of elections prepared and signed by the election
committee;

5. Election returns/results certified by the election committee; and

6. List of qualified voters as certified by the association secretary and


treasurer.

9. IN CASE OF FAILURE OF ELECTIONS - In case of failure of


elections, the following shall be submitted to HLURB-ENCRFO
HOA Financing unit within five (5) days from the date of the
failed election:

1. Affidavit of non-holding of election stating the reason/s why no


election was conducted in accordance with the association’s by-
laws executed by the association secretary and attested by the
association President; and

2. Notice of postponement.

The election committee shall call for another election for another
election within thirty (30) days from the date of the failed election.

10. ELECTION CONTEST - Election contests and their resolutions


shall be governed by the by-laws of the association. Unless
otherwise provided by the Association’s by-laws, the election
contest shall be in writing and filed by any of the aggrieved
candidate/s within five (5) days after the proclamation of the
winning candidates, specifically stating the grounds thereof. The
duly constituted Election Committee of the Association shall decide
on the controversy brought before it within the non-extendible
period of five (5) days.

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