02/11/2024
This time, we would be focusing on the possible grounds for hoa's election postponement and the possible sanctions that we may incur if we fail to conduct the election despite of DHSUD order.
Our reference is again the Dhsud's revised 2021 implementing rules and regulations of the Republic Act No. 9904, otherwise known as the Magna Carta for Homeowners and Homeowners Associations, specifically Rule XIII, Section 93 with subtitles 'Postponement or failure of elections') - which provides "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 majority of the entire Board, or for any serious cause such as violence, terrorism, force majeure, and other analogous causes of such nature that you the holding of a free, orderly and honest election should become an impossible, the Election Committee shall declare a failure of election, and shall call for another election within a period of 30 days from the the initial date of the election or the cessation of the cause for such postponement of election.
In the event of lack of quorum or for any serious cause such as violence, terrorism, force majeure, and other analagous causes of such nature that the holding of a free, orderly and honest election should become impossible, the Election Committee shall declare a failure of election and shall call for another election within a period of 30 days from the date of the failed election or the cessation of the he cause of such failure of election.
In case a regular or special election was not held on the date fixed in the by-laws, was postponed, or declared a failure, and the second call for the conduct of an election by the Election Committee was still a failure, the following shall be submitted by the Election Committee to the Regional Office.
a. Notice of postponement of the regular or special election; and
b. Affidavit of non-holding of election stating categorically the reasons why no election was conducted. The affidavit shall be executed by the members of the Election Committee and shall be filed with the Regional Office within five days from the date of the scheduled election.
If the reasons stated in the affidavit or the reasons of the association are found unmeritorious, the Regional Office shall order the Election Committee to immediately call for the conduct of the election within 15 days from receipt of the order. The unjustified failure of the Election Committee to comply with the order of the Regional Office may, after due notice and hearing, warrant the imposition of sanctions against the members of the Election Committee.
If the Election Committee fails or refuses to comply with the order of the Regional Office to conduct election, the Regional Office shall designate an Election Committee from among the members in good standing who do not intend to run in any position. The Election Committee so designated shall conduct the election under the supervision of the Regional Office.
Section 94. Hold-over- Where there is a justified failure to elect a new set of trustees or directors and/or officers and the causes for such failure persist after a second election is called, the incumbent directors or trustees and/o officers shall be allowed to continue in a hold-over capacity until their successors are elected and qualified for the next term.