In the Philippine residential landscape, Homeowners Associations (HOAs) serve as the primary administrative body for subdivisions and condominiums. A frequent point of contention during elections is whether both a husband and wife—as co-owners of a property—can simultaneously sit on the Board of Directors.
The governing framework for these disputes is Republic Act No. 9904, otherwise known as the Magna Carta for Homeowners and Homeowners Associations, supplemented by its Revised Implementing Rules and Regulations (IRR) and relevant jurisprudence from the Department of Human Settlements and Urban Development (DHSUD).
1. The Principle of "One Membership, One Vote"
The fundamental rule in Philippine HOA law is that membership is tied to the property unit. Under Section 6 of RA 9904, every homeowner is a member of the association. However, for the purposes of voting and representation, the law follows the "One Unit, One Vote" principle.
- Co-ownership: If a property is owned by a married couple (as part of their absolute community or conjugal partnership), they are considered a single "homeowner" unit for representation purposes.
- The Representative Rule: While both spouses are technically members, they must designate one among themselves to cast the vote or represent the unit in official association business.
2. Eligibility Requirements for the Board
To run for a seat on the Board of Directors, a candidate must meet the following criteria under the Revised IRR:
- Must be a member in good standing.
- Must be of legal age.
- Must actually reside in the subdivision or community for at least six (6) months prior to the election.
- Must not have been convicted of a crime involving moral turpitude.
3. Can Both Spouses Run Simultaneously?
The short answer is generally no, unless the HOA’s Bylaws specifically allow it (which is rare and often legally contested).
The DHSUD (and formerly the HLURB) has consistently maintained that only one member per household or unit may serve on the Board at any given time. The rationale is rooted in preventing a "monopoly of representation" and ensuring a diverse range of voices from different households within the community.
Key Conflict: If both spouses were allowed to sit on a board of five or seven members, a single household would hold a significant percentage of the voting power, potentially leading to a conflict of interest or an unfair concentration of influence over community funds and policies.
4. Special Scenarios
- Multiple Properties: If a couple owns two separate units (e.g., Unit A and Unit B) under different titles or registrations, can they both run? Generally, the "one household" principle still prevails in many jurisdictions to maintain equity, but some Bylaws may allow representation for each distinct property if they are registered separately.
- Legal Separation: In cases of legal separation where the property has been legally partitioned, the individual spouses may be eligible to run as separate entities, provided they meet the residency and membership requirements independently.
5. Disqualifications and Prohibitions
Beyond the spouse restriction, certain individuals are barred from running for the Board:
- Delinquent Members: Those with unpaid dues or assessments.
- Conflict of Interest: Those holding elective public office (from the level of Barangay Captain upwards) are often discouraged or barred by specific association bylaws to prevent political interference.
- Lessee Status: Generally, tenants or lessees cannot run for the Board unless the actual owner waives their right and designates the lessee in a written, notarized proxy—and even then, many Bylaws restrict Board seats strictly to titled owners.
Summary Table: Spousal Eligibility
| Feature | Rule/Status |
|---|---|
| Membership | Both are members if the property is conjugal. |
| Voting | Only one vote per couple/unit. |
| Board Candidacy | Only one spouse may sit on the Board at a time. |
| Residency | Both must meet the 6-month residency rule to be eligible. |
| Good Standing | Delinquency of the unit disqualifies both spouses. |
Conclusion
While RA 9904 provides the broad strokes of HOA governance, the Bylaws of the specific Association are the primary source of authority for election conduct. However, these Bylaws cannot contravene the Magna Carta or the Revised IRR. For most Philippine HOAs, the "one unit, one seat" rule remains the standard to ensure democratic balance and prevent the consolidation of power within a single family unit.