LEMENS HOMEOWNERS ASSOCIATION, INC. ARTICLE II; Section 3. The Powers and Duties of the Association. The powers and duties of the Association are those set forth in this Article, in Section of RA 9904 (Magna Carta for Homeowners and Homeowners Association) , in Section 49 of the Implementing Rules and Regulations of RA 9904, and in its articles of incorporation and any record declarations or deed of restrictions encumbering the physical territory of the Association, if not inconsistent with the provisions of these by-laws. The powers and rights of the Association include, but are not limited to the following: (a) Subject to consultation and with the approval of a simple majority of the members , adopt and amend the articles of incorporation and by- laws , rules and regulations, pursuant to existing laws and regulations; (b) In behalf of its members, institute, defend, or intervene in litigation and/or administrative proceedings affecting the welfare of the association and the subdivision/village as a whole excluding, however, disputes that are not the responsibility of the association; (c) Regulate the use, of maintenance, repair, replacement and modification of common areas and cause additional improvement to be made part of the common areas: Provided, that the aforementioned do not contradict the provisions of the approval subdivision plan; (d) Regulate access to, or passage through the subdivision/village roads for purposes of preserving privacy, tranquility, internal security, and safety and traffic order: Provided, that (1) public consultation are held; (2) existing laws and regulations are met; (3) authority of the concerned government agencies or units are obtained; and, (4) the appropriate and necessary memoranda of agreement are executed among the concerned parties; (i) Impose or collect reasonable fees for the use of open space, facilities and services of the association to defray necessary operational expenses , subject to the limitations and conditions imposes by-laws. under the law, regulations of the board and the associations by-laws; (m) Petition for the creation of a separate barangay, independently or together with neighboring subdivisions: Provided, that all the requirements of the Local Government Code of 1991 are met; and, (n) Exercise any other powers conferred by the by-laws and the HLURB necessary for the governance and operation of the association.
Posted on: Sat, 24 Jan 2015 08:48:17 +0000
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