BOD Roel Daniel

Transparency and Accountability is my first priority in governance when elected.

🌟 Big thanks to our dedicated BPAT (Barangay Peacekeeping Action Team) headed by Maam Yolly Misagal Banaag, for ensuring a safe and orderly General Assembly today, 25 May 2025 (Sunday)! 🙌 Your commitment to community safety and teamwork truly makes a difference. Together, we’re building a stronger, more secure barangay! 💪🏽

Subject: Update on May 25, 2025 (Sunday) General Assembly Meeting

Dear Mga ka K2,

This is to give you a summary of the key discussions during the General Assembly (GA) held last Sunday, May 25, 2025:

1. Interim Board Selection:
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The DHSUD Regional Office issued an order to proceed with the selection and appointment of an Interim Board, as mandated under Section 95 of RA 9904. However, Mr. Dulay’s group asserted that the motion filed by Engr. Danilo Vengano’s group was rejected by the HSAC for being "premature," which they claimed and delayed the process of selecting the Interim Board (IB)
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2. Jurisdictional issue:
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Our group emphasized that the HSAC lacks jurisdiction over this matter, as authority rests solely with the DHSUD Regional Office. The primary agenda of the meeting should have been to execute the DHSUD order and proceed with the Interim Board selection.
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3. Deviation from Agenda:
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Instead of focusing on Section 95 and its application to the FOE (Failure of Election) issues from October and December 2025, the presiding officer shifted discussion to the writ of ex*****on, which was not part of the stated agenda.
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4. Adjournment:
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Due to the absence of a proper point of order and the deviation from the agenda, the meeting was adjourned without resolution.

Further updates will be shared. Thank you!

With the turn of events, the outgoing board of K2 homeowners’ association (k2HOA) must transfer/turnover the following pertinent documents to ensure compliance with RA 9904 (Magna Carta for Homeowners) and DHSUD regulations:

1. Legal and Registration Documents

- DHSUD Registration Certificate: Proof of the HOA’s legal recognition under the Department of Human Settlements and Urban Development (formerly HLURB).

- Articles of Incorporation and Bylaws: Includes governance rules, member rights, and procedures for dues collection and dispute resolution, as mandated by RA 9904.

2. Financial Records

- Audited Financial Statements: Annual reports covering income, expenses, reserve funds, and budget allocations (required for transparency under RA 9904).

- Bank Account Details: Complete records of all HOA bank accounts, including signatories and transaction histories.

3. Governance and Meeting Records

- Minutes of Board and General Assembly Meetings: Detailed records of decisions, resolutions, and action items.

- Member Roster: Updated list of homeowners with contact details, lot numbers, and payment status (required under RA 9904).

4. Property and Infrastructure Documents

- Titles/Deeds to Common Areas: Proof of ownership for parks, clubhouses, roads, and other shared facilities.

- Maintenance Contracts: Agreements with service providers (e.g., security, landscaping, waste management).

- Building Plans and Permits: Approved plans for community infrastructure and facilities.

5. Compliance and Policy Records

- Conflict of Interest Disclosures: Signed statements from board members to ensure ethical governance.

- Document Retention Policy: Guidelines for preserving records (e.g., tax filings, meeting minutes) as required by law.

- Barangay Clearances: Certificates showing compliance with local ordinances (e.g., noise control, waste disposal).

- Policy on Funds Disbursements

6. Member-Related Documents

- Delinquency Records: Documentation of unpaid dues and actions taken (e.g., notices, sanctions).

7. Insurance and Liabilities

- Active Insurance Policies: Coverage for common areas, liability, and natural disasters.

- Pending Legal Disputes: Records of ongoing litigation or mediation involving the HOA or its members.

Why These Documents Matter?

Under RA 9904, HOAs are legally obligated to maintain transparency and accountability. Failure to turnover these documents may result in:

- Legal penalties (e.g., fines for non-compliance with DHSUD requirements).

- Operational disruptions (e.g., inability to enforce bylaws or manage funds).

- Loss of juridical status, jeopardizing the HOA’s authority to govern.

Interim Board Member must ensure all documents are handed over in physical and digital formats, with a signed turnover report acknowledged by both outgoing and incoming boards.

Resolution of K2 Homeowners Association Election Dispute

Following challenges to the validity of the August 2023 HOA election, the complainants successfully pursued the case to its conclusion, resulting in a favorable resolution.

The Homeowners Settlement Adjudication Commission (HSAC) issued a Writ of Ex*****on with the following directives:

1. Nullification of the August 2023 election results.

2. Continuation of the pre-August 2023 Board of Directors (BOD) and officers in a hold-over capacity.

3. Instruction to the Department of Human Settlements and Urban Development (DHSUD) Regional Office to oversee a special election.

Subsequent attempts by the DHSUD Regional Office to conduct a special elections in October and December 2024 were declared unsuccessful.

In accordance with Section 95 of the 2024 Revised Implementing Rules and Regulations (IRR) of RA 9904 (Magna Carta for Homeowners and Homeowners Associations), and pursuant to Section 5 of Memorandum Circular No. 2025-003, Series of 2025, the dhsud and with the assistance of K2 Homeowners Association has been directed to appoint a five-member Interim Board of Directors by May 25, 2025 (Sunday).

No quorum is required for this per DHSUD MC #2025-003 series of 2025

Interim board members are eligible to run in the board election.

𝗡𝗘𝗪𝗦 𝗔𝗟𝗘𝗥𝗧!

The DHSUD approved the 2024 Revised Implementing Rules and Regulations (IRR) of Republic Act No. 9904, also known as "𝘛𝘏𝘌 𝘔𝘈𝘎𝘕𝘈 𝘊𝘈𝘙𝘛𝘈 𝘍𝘖𝘙 𝘏𝘖𝘔𝘌𝘖𝘞𝘕𝘌𝘙𝘚 𝘈𝘕𝘋 𝘏𝘖𝘔𝘌𝘖𝘞𝘕𝘌𝘙𝘚 𝘈𝘚𝘚𝘖𝘊𝘐𝘈𝘛𝘐𝘖𝘕," on 8 November 2024.

According to Rule No. XIV, Section 95, in the event of a failure of election, the power and authority of the incumbent Board are considered null, regardless of whether the failure of the election is officially reported.

Members of the incumbent Board are not permitted/authorized to continue in a hold-over capacity or do business in the association.

In such cases, the Regional Office is tasked to appoint five (5) members in good standing, based on the latest list of members on file (DHSUD file), to serve as the Interim Board until a successful election is held.

For the information of Kingstown 2 Homeowners and Members.
Forward this to your peers.
Thank You!

The Department of Human Settlements and Urban Development (DHSUD) Special Election Committee has announced that the Special Election for the Kingstown 2 Homeowners Association will be held on December 15, 2024, from 9:00 AM to 3:00 PM, on Sunday. This decision follows a clarificatory hearing held on November 20, 2024.

The announcement signifies the official commencement of the election process for the Kingstown 2 Homeowners Association. The extended voting hours, from 9:00 AM to 3:00 PM, suggest a commitment to maximizing voter participation and ensuring a fair and inclusive election. It is crucial for all homeowners in Kingstown 2 to stay informed about these updates and actively participate in the election process.

The upcoming special election presents a significant opportunity for homeowners to voice our preferences and shape the future direction of our community. It is essential for all eligible voters to exercise their right to vote and contribute to the democratic process within the Kingstown 2 Homeowners Association.

"𝙄𝙩'𝙨 𝙩𝙞𝙢𝙚 𝙩𝙤 𝙥𝙧𝙤𝙢𝙤𝙩𝙚 𝙩𝙧𝙖𝙣𝙨𝙥𝙖𝙧𝙚𝙣𝙘𝙮 𝙖𝙣𝙙 𝙖𝙘𝙘𝙤𝙪𝙣𝙩𝙖𝙗𝙞𝙡𝙞𝙩𝙮."

𝘽𝙖𝙠𝙞𝙩 𝙣𝙜𝙖 𝙗𝙖 𝙢𝙖𝙮𝙧𝙤𝙣𝙜 𝙩𝙞𝙣𝙖𝙩𝙖𝙬𝙖𝙜 𝙣𝙖 𝙁𝙖𝙞𝙡𝙪𝙧𝙚 𝙤𝙛 𝙀𝙡𝙚𝙘𝙩𝙞𝙤𝙣?

A special election in a homeowners association (HOA) can fail if the required number of voters, known as a quorum, does not participate. This can be a frustrating situation for homeowners and the residents who want to see changes. Here's a breakdown of how to address a failed special election due to a lack of quorum:

𝗨𝗻𝗱𝗲𝗿𝘀𝘁𝗮𝗻𝗱𝗶𝗻𝗴 𝘁𝗵𝗲 𝗤𝘂𝗼𝗿𝘂𝗺 𝗥𝗲𝗾𝘂𝗶𝗿𝗲𝗺𝗲𝗻𝘁

The quorum is the minimum number of voters needed to make a vote valid. This number is usually outlined in the HOA's bylaws and is often a percentage of the total eligible voters. For example, a quorum might be 10% of the homeowners in the community.

𝗥𝗲𝗮𝘀𝗼𝗻𝘀 𝗳𝗼𝗿 𝗮 𝗙𝗮𝗶𝗹𝗲𝗱 𝗘𝗹𝗲𝗰𝘁𝗶𝗼𝗻

There are several reasons why a special election might fail to reach quorum:

- 𝙇𝙖𝙘𝙠 𝙤𝙛 𝙖𝙬𝙖𝙧𝙚𝙣𝙚𝙨𝙨: Residents may not be aware of the election or its importance.
- 𝘿𝙞𝙨𝙞𝙣𝙩𝙚𝙧𝙚𝙨𝙩: Residents may feel apathetic or uninterested in the issues being voted on.
- 𝘽𝙪𝙨𝙮 𝙎𝙘𝙝𝙚𝙙𝙪𝙡𝙚𝙨: Residents may have conflicting commitments or simply forget to vote.
- 𝘿𝙞𝙨𝙖𝙜𝙧𝙚𝙚𝙢𝙚𝙣𝙩𝙨: There may be strong disagreements about the issues being voted on, leading to voter apathy or deliberate abstention.

𝗥𝗲𝘀𝗼𝗹𝘃𝗶𝗻𝗴 𝗮 𝗙𝗮𝗶𝗹𝗲𝗱 𝗘𝗹𝗲𝗰𝘁𝗶𝗼𝗻

If a special election fails to reach quorum, there are a few options available to the HOA:

1. 𝙍𝙚𝙨𝙘𝙝𝙚𝙙𝙪𝙡𝙚 𝙩𝙝𝙚 𝙀𝙡𝙚𝙘𝙩𝙞𝙤𝙣

The simplest solution is to reschedule the election. However, this can be time-consuming and may not guarantee a successful outcome. The HOA should consider:

- 𝗜𝗺𝗽𝗿𝗼𝘃𝗲𝗱 𝗖𝗼𝗺𝗺𝘂𝗻𝗶𝗰𝗮𝘁𝗶𝗼𝗻: Utilize various communication channels to ensure that all residents are aware of the election, including email, mail, community newsletters, and even social media.
- 𝗘𝗻𝗵𝗮𝗻𝗰𝗲𝗱 𝗢𝘂𝘁𝗿𝗲𝗮𝗰𝗵: Organize community meetings or events to discuss the election and encourage participation.
-𝗖𝗹𝗲𝗮𝗿𝗲𝗿 𝗡𝗼𝘁𝗶𝗰𝗲: Provide more detailed and informative notices about the election, including the specific issues being voted on and the importance of reaching quorum.

2. 𝘾𝙤𝙣𝙨𝙞𝙙𝙚𝙧 𝙋𝙧𝙤𝙭𝙮 𝙑𝙤𝙩𝙞𝙣𝙜

Proxy voting allows homeowners who cannot attend the election in person to designate another person to vote on their behalf. This can help increase participation and potentially reach quorum. The HOA should:

- 𝗖𝗹𝗲𝗮𝗿𝗹𝘆 𝗢𝘂𝘁𝗹𝗶𝗻𝗲 𝗣𝗿𝗼𝘅𝘆 𝗣𝗿𝗼𝗰𝗲𝗱𝘂𝗿𝗲𝘀: Provide residents with clear instructions on how to obtain and submit proxy forms.
- 𝗣𝗿𝗼𝗺𝗼𝘁𝗲 𝗣𝗿𝗼𝘅𝘆 𝗩𝗼𝘁𝗶𝗻𝗴: Encourage residents to use proxy voting if they cannot attend the election in person.

3. 𝘼𝙢𝙚𝙣𝙙 𝙩𝙝𝙚 𝘽𝙮𝙡𝙖𝙬𝙨 (𝙄𝙛 𝙉𝙚𝙘𝙚𝙨𝙨𝙖𝙧𝙮)

If the quorum requirement is too high and consistently prevents successful elections, the HOA may consider amending its bylaws to lower the required percentage. However, this should be done with careful consideration and should involve a thorough discussion with all residents.

4. 𝙎𝙚𝙚𝙠 𝙇𝙚𝙜𝙖𝙡 𝘼𝙙𝙫𝙞𝙘𝙚

If the HOA is struggling to resolve the issue, it's always a good idea to consult with an attorney specializing in HOA law. They can provide guidance on the specific requirements and procedures for elections in your state and help navigate any legal challenges.