Grounds for Disqualification of an HOA President in the Philippines

A comprehensive guide for boards, election committees, and homeowners

1. Legal Framework at a Glance

Source of Law	Key Provisions Relevant to Disqualification
Republic Act No. 9904 (Magna Carta for Homeowners and Homeowners Associations)	§13–18 spell out the rights, duties, and governance of HOAs. §15 enumerates core qualifications & disqualifications for directors/officers (including the president).
Implementing Rules of RA 9904 (HLURB* Resolution No. 770-18, and earlier Res. Nos. 864-17, 926-21, etc.)	Detail screening, term limits, and additional bars (e.g., conflict of interest with the developer, residency requirements).
Department of Human Settlements & Urban Development (DHSUD) Regulations (post-RA 11201, 2019-present)	Re-issued the HLURB rules with minor wording changes; governs adjudication of election disputes and administrative sanctions.
Revised Corporation Code (RCC, RA 11232)	HOAs are non-stock, non-profit corporations; default corporate rules (vacancies, removal for cause, fiduciary duties) apply unless RA 9904 is more specific.
Other general laws	Anti-Graft Act (RA 3019), Code of Conduct for Public Officials (RA 6713, if the HOA president is simultaneously a barangay or LGU officer), Anti-Drug Law (RA 9165), etc., can create collateral disqualifications.

* The Housing and Land Use Regulatory Board (HLURB) ceased to exist when DHSUD was created in 2019, but its issuances remain in force unless amended.

2. Who Is the “President” of an HOA?

Under RA 9904 the “president” is simply the chief executive officer elected by and from among the board of directors/trustees. Disqualification therefore happens at two levels:

Board-level – a homeowner may be ineligible to sit on the board at all.
Officer-level – even if validly elected to the board, he or she may later become ineligible to serve as president due to subsequent acts or circumstances.

Unless the by-laws say otherwise, the statutory disqualifications listed below operate automatically; the election committee (ELECOM/COMELEC) must bar the aspirant, and any homeowner may later file a petition for the president’s removal before the DHSUD Adjudication Board (DAB).

3. Statutory Disqualifications under RA 9904 §15

#	Disqualification	Practical Notes
1	Not a member in good standing – owner/occupant who owes any delinquent assessment, fine, or charge as of the record date	“Good standing” is strictly financial; partial payments do not cure delinquency unless the balance is paid before proclamation.
2	Final conviction of a crime involving moral turpitude	No time-bar; expunged or reversed convictions lift the bar. Moral turpitude includes fraud, estafa, serious drug offenses, etc.
3	Use of the unit/lot for immoral or illegal activities (e.g., gambling den, drug laboratory)	Proof often comes from a police report or barangay blotter; the board need not wait for criminal conviction to disqualify.
4	Two consecutive full terms already served on the board	A partial term (to fill a vacancy) usually does not count. The by-laws may set shorter or longer limits but may not waive the statutory bar.
5	Conflict-of-interest relatives – the president may not serve simultaneously with a spouse, parent, child, or relative within the 3rd civil degree who is also on the board	If both are elected, the one with the lower vote (or the one elected later) is deemed disqualified; the spot is filled by the next highest vote-getter.

Tip: These bars apply before and during the president’s term. If, for example, the president becomes delinquent in dues after election, he is deemed ipso facto disqualified and must vacate the post.

4. Supplemental Bars in HLURB / DHSUD Implementing Rules

Residency / Actual Occupancy – Many by-laws (modelled on HLURB forms) require that a director/officer actually reside in the subdivision or condominium for at least six months before the election date.
Developer / Real-estate Professional Affiliation – A person still employed by or financially connected with the subdivision developer is disqualified until the developer has fully turned over the HOA.
Foreign Ownership Thresholds – Foreign nationals may sit on the board (hence become president) only in proportion to their ownership of the lots/units (usually capped at 40 %).
Age & Capacity – Must be at least 18 and competent. Guardianship or interdiction proceedings create automatic vacancies.
Government Employees Regulated by the HOA – Barangay captains, city housing officers, or DHSUD employees are barred to avoid regulatory conflicts.
Standing Administrative Penalties – Anyone currently suspended or dismissed by HLURB/DHSUD in a prior HOA case cannot hold office during the penalty period.

5. Officer-Level (Presidential-Specific) Grounds

Even if a director is qualified, he can be removed or deemed disqualified specifically as president when he:

Refuses or fails to post the surety bond (if required by by-laws for custodians of funds);
Abuses presidential prerogatives, such as issuing checks without board authority, signing contracts without a board resolution, or appointing ineligible committees;
Enters into self-dealing contracts with the HOA in violation of RCC §31 (interested-director rule);
Is absent without just cause from board meetings for a number of times fixed in the by-laws (commonly three consecutive meetings);
Breaches fiduciary duty resulting in verified loss or damage to the association (a basis for for-cause removal under RCC §27);
Accepts a compensated position in the HOA (e.g., property manager) contrary to the volunteer-service rule of RA 9904 §13(g).

6. Common Misconceptions

Myth	Reality
“Only criminal conviction after election can unseat a president.”	Any qualifying conviction before or after election is disqualifying.
“Payment of past-due dues after filing of candidacy cures delinquency.”	No. The law pegs delinquency as of the record date set by the ELECOM.
“The board can waive a statutory bar by 2/3 vote.”	Statutory disqualifications are mandatory; only Congress can amend them.
“Term-limit disqualification resets if the president resigns mid-term.”	A full term is what matters; resigning late in the term does not avoid the two-consecutive-term bar.

7. Procedures for Challenging the President’s Eligibility

Internal Protest (Election Period)
- File a written challenge with the ELECOM within 5 days of proclamation (typical by-law rule).
Administrative Petition before DHSUD-DAB
- Grounds: ineligibility, void election, or subsequent disqualifying event.
- 30-day filing window counted from discovery of the cause.
- Reliefs: nullification of election, assumption of next highest vote-getter, or special election.
Judicial Remedies
- Decisions of the DAB are appealable to the Office of the President and then to the Court of Appeals via Rule 43.
- Urgent relief (e.g., injunction) lies with the RTC exercising special jurisdiction over intra-corporate disputes.

8. Interaction with Other Philippine Laws

Statute	When It Can Disqualify or Remove an HOA President
Anti-Graft & Corrupt Practices Act (RA 3019)	If the president is a public officer (e.g., barangay kagawad) and commits any of the enumerated acts, he may be suspended or removed, affecting HOA eligibility.
Code of Conduct & Ethical Standards (RA 6713)	Similar effect where the president is also a public official.
Dangerous Drugs Act (RA 9165)	Positive drug test or conviction bars candidacy and is a ground for removal.
Barangay Justice System (Lupong Tagapamayapa)	Settlement agreements may include voluntary resignation, enforceable by the DAB.

9. Best Practices for Election Committees & Boards

Clear Record Dates – Publish cut-off dates for dues payment and candidacy filing at least 15 days before election.
Background Checks – Require NBI Clearance or Police Clearance to screen criminal records.
Conflict-of-Interest Questionnaire – Ask candidates to disclose real-estate business ties, developer employment, and relatives on the board.
Certification of Good Standing – Treasurer should certify in writing each candidate’s dues status.
Orientation Seminars – New board members (including the president) should attend DHSUD-accredited seminars to avoid missteps that could later disqualify them.

10. Conclusion

The grounds for disqualification of an HOA president in the Philippines rest primarily on statutory bars under RA 9904, fleshed out by implementing rules, corporate law principles, and broader public-policy statutes. Election committees must screen rigorously before candidacy, but the association and any homeowner retain remedies to remove or unseat a president who later breaches these standards. Proper documentation, transparency, and adherence to the by-laws ensure that leadership remains both legitimate and accountable—the cornerstone of a functional and harmonious community.

Disclaimer: This article is for educational purposes and does not constitute legal advice. For specific situations, consult a lawyer or the DHSUD field office with jurisdiction over your HOA.