In the realm of Philippine community governance, the question of whether a spouse can run for a position in a Homeowners Association (HOA) Board of Directors is a frequent point of contention. Governance in these associations is strictly regulated by Republic Act No. 9904, otherwise known as the "Magna Carta for Homeowners and Homeowners Associations," and its corresponding Revised Implementing Rules and Regulations (IRR) issued by the Department of Human Settlements and Urban Development (DHSUD).
Understanding the eligibility of spouses requires a look at the legal definition of "membership" and the principle of "one-seat-per-household."
1. The Basis of Membership
Under the law, the right to run for office is a right reserved for members in good standing. A member is typically the owner of the property as evidenced by the Transfer Certificate of Title (TCT).
- Sole Ownership: If the property is registered under only one spouse's name, that spouse is the primary member.
- Co-ownership: If the property is registered as "Spouses X and Y," both are technically members. However, their rights as members are exercised collectively as one unit.
2. The Spousal Eligibility Rule
Can a spouse who is not listed on the title run for office? The short answer is yes, provided certain conditions are met.
The Revised IRR of RA 9904 provides that a spouse of a homeowner may be a member of the association and, consequently, may be eligible to vote and be voted upon, provided that:
- Written Consent/Proxy: The homeowner-spouse waives their right in favor of the non-owner spouse in a written instrument.
- Residence: The spouse must be an actual resident of the subdivision or community.
- Good Standing: The household must not be delinquent in the payment of dues, assessments, or other charges.
3. The "One-Seat-Per-Household" Principle
The most critical restriction regarding spouses is the prohibition of multiple representation. Even if both spouses are technically qualified or listed as co-owners, they cannot both sit on the Board of Directors at the same time. This is rooted in the principle that each lot or housing unit is entitled to only one "vote" and one representative voice in the governance of the HOA. Allowing both spouses to sit on the Board would grant a single household disproportionate influence over community affairs.
Disqualifications for Spouses
A spouse is disqualified from running or holding office if:
- The other spouse is already a member of the Board.
- The other spouse is an incumbent elective public official (from the level of Barangay Kagawad upwards), as this often creates a conflict of interest under the law.
- The household is "delinquent" (unpaid dues for at least six months, or as defined by the By-laws).
4. Legal Requirements for Candidates
To qualify for election, a spouse (whether the owner or the designated representative) must generally meet the following criteria:
- Of Legal Age: Must be at least 18 years old.
- Member in Good Standing: Must have complied with all obligations to the HOA.
- Actual Resident: Must have been a resident for at least six (6) months prior to the election (or as specified in the By-laws).
- No Criminal Record: Must not have been convicted of a crime involving moral turpitude.
5. Summary Table: Eligibility Matrix
| Scenario | Can the Spouse Run? | Condition |
|---|---|---|
| Only one spouse is on the Title | Yes | The owner-spouse must provide a written waiver/authorization. |
| Both spouses are on the Title | Yes | Only one can run; they must decide who represents the unit. |
| Spouse is an incumbent Director | No | The other spouse is barred to prevent "dynasty" or over-representation. |
| Spouse is a Barangay Official | No | Prohibited under RA 9904 to prevent political interference. |
| Household has unpaid dues | No | Membership must be "in good standing." |
6. The Importance of the By-Laws
While RA 9904 provides the national framework, the Association's By-laws are the primary authority on specific election procedures. The By-laws may impose stricter (but not more lenient) qualifications. For instance, the By-laws might require a longer residency period or specific attendance records at previous General Assembly meetings.
In the event of a dispute regarding a spouse's eligibility, the DHSUD (formerly the HLURB) has original and exclusive jurisdiction to hear and decide the case through its Regional Adjudication Branches.