Magna Carta for Homeowners and Homeowners’ Associations
The Magna Carta — England’s “Great Charter” of 1215 — was the first document to challenge the authority of the king, subjecting him to the rule of the law and protecting his people from feudal abuse. The Magna Carta’s fundamental tenets provided the outline for modern democracies.
- Heather Whipps, www.livescience.com
By Ernesto C. Perez II
Almost a month ago, Republic Act No. 9904 (An Act Providing for a Magna Carta for Homeowners and Homeowners’ Associations, and for Other Purposes) was signed by the President Arroyo.
RA 9904 was designed to be the vehicle to bring peace and comfortable living conditions in many communities. This is according to Senate Majority Floor Leader Juan Miguel Zubiri. He said that this law will benefit all homeowners from the different socio-economic classes. It was made sure that the benefits will be encompassing. Sen. Zubiri further said that the Magna Carta would “hopefully put an end to the confusion on where to register homeowners’ associations.”
Under RA 9904, every association of homeowners shall be required to register with the Housing and Land Use Regulatory Board (HLURB). This registration shall serve to grant juridical personality to all such associations that have not previously acquired the same by operation of the General Corporation Law or by any other general law.
In addition, the existence of associations previously registered with the Home Insurance Guarantee Corporation (HIGC) or the SEC shall be respected, and the said associations shall not be charged a penalty when they register with the HLURB after RA 9904 takes effect.
As licensed real estate brokers, I think that we should be well-versed with new laws that affect our clients who want to purchase properties in gated communities – be they high-end or low-end subdivision projects – so that we could give them ample and educated advise should they ask our opinions about it.
For further information about RA 9904, I have prepared a primer that can be downloaded for future reference. To get a YOUR FREE COPY of the PRIMER, ENTER your details here.