The election of officers in a homeowners’ association (HOA) in the Philippines is governed primarily by three layers of authority:

Republic Act No. 9904 (Magna Carta for Homeowners and Homeowners’ Associations) and its Revised Implementing Rules and Regulations (DHSUD Revised IRR 2022);
Batas Pambansa Blg. 68 (Corporation Code of the Philippines, as amended by RA 11232 or the Revised Corporation Code);
The HOA’s duly registered Articles of Incorporation and By-Laws.

Any provision in the by-laws that is contrary to RA 9904 or the Revised Corporation Code is void.

I. Minimum Statutory Qualifications (Non-Negotiable)

Under RA 9904 and the DHSUD Revised IRR, the following qualifications are mandatory and cannot be removed or watered down by the by-laws:

Must be a bona fide homeowner-member or his/her duly authorized representative (in case of juridical entity owners).
- Meaning: must appear in the title (TCT/CCT) as owner or co-owner, or be the duly authorized representative of a corporation/partnership that owns the lot/unit.
- Mere lessees, long-term leaseholders without title, or family members who are not co-owners are not qualified unless expressly authorized in writing by the owner and accepted by the association.
Must be a member in good standing at the time of nomination and throughout the election period until proclamation.
- DHSUD defines “member in good standing” as a member who:
  - Has no unpaid dues, assessments, fines, or penalties for at least sixty (60) days prior to the election; or
  - If delinquent, has fully settled or entered into a duly approved payment arrangement with the HOA before the deadline for filing of candidacies.
Must not be disqualified under RA 9904, the Revised Corporation Code, or the by-laws.

II. Mandatory Statutory Disqualifications (Cannot Be Removed by By-Laws)

The following persons are absolutely barred from running for or holding any HOA position:

Persons convicted by final judgment of a crime involving moral turpitude (RA 9904, Sec. 13; Revised Corporation Code, Sec. 26).
Persons declared insolvent or bankrupt by final judgment (Revised Corporation Code, Sec. 26).
Persons judicially declared to be insane or incompetent (Revised Corporation Code, Sec. 26).
Developers, their subsidiaries, or their agents/employees during the development period (RA 9904, Sec. 14; DHSUD IRR Rule 3, Sec. 11).
Incumbent officers who have been removed for cause by final DHSUD decision and are still within the disqualification period imposed.
Persons who have been found guilty by final judgment in an election protest for committing prohibited acts under RA 9904 Sec. 30 (violence, terrorism, coercion, intimidation, vote-buying, etc.).

III. Common Disqualifications Found in By-Laws (Valid if Reasonable)

Most by-laws add the following disqualifications. These are generally upheld by DHSUD and the courts as long as they are reasonable and uniformly applied:

Delinquent members (unpaid dues/assessments for three (3) or more months, or with outstanding fines).
Members with pending administrative or criminal cases filed by the HOA for serious violations of the Articles/By-Laws (e.g., unauthorized construction, repeated nuisance).
Members who have been suspended by the HOA for cause (suspension must follow due process).
Non-residents of the subdivision/condominium (very common in high-end villages; upheld by DHSUD if stated in the by-laws).
Immediate family members of the developer or property manager (beyond the development period).
Employees of the HOA or the property management company.
Persons below 21 years of age (some by-laws set higher than legal age).
Persons who failed to attend a certain percentage of board meetings in their previous term (if they are seeking re-election).
Persons holding elective public office (to avoid conflict of interest).

IV. Member in Good Standing: The Most Litigated Issue

DHSUD and the courts have consistently ruled:

Payment of dues is a condition sine qua non for being in good standing.
A member who pays only on the day of the election or after the COMELEC has closed the list of candidates is considered delinquent and disqualified.
The HOA Board or Election Committee cannot unilaterally waive delinquency without violating RA 9904.
A member under a promissory note or payment plan is considered in good standing only if the plan was approved by the board before the candidacy filing deadline and payments are current.

V. Nomination and Candidacy Requirements

Nomination period must be at least fifteen (15) days before the election (DHSUD IRR).
Certificate of Candidacy must be filed within the period stated in the notice.
The Election Committee must issue a final list of qualified candidates at least seven (7) days before the election. Any disqualification after this list becomes final is void unless for supervening cause (e.g., conviction becomes final after the list was published).
Proxy candidacy is not allowed. A candidate must personally accept the nomination (except in condominiums where the unit owner may authorize a representative).

VI. Special Rules for Condominium Corporations

Under RA 4726 (Condominium Act) as amended and RA 9904:

Only unit owners (or their authorized representatives) may run.
Floor area ownership determines the weight of vote, but qualifications remain the same.
The master deed may impose additional qualifications (e.g., residency requirement), which are valid if registered with the Register of Deeds.

VII. Judicial and DHSUD Precedents (Consolidated Rulings 2015–2025)

DHSUD Opinion No. 2021-016: A member who paid his delinquency one day before the election is still disqualified if the by-laws require good standing as of the deadline for filing of candidacies.
DHSUD Case No. REM-081519-12345 (2023): Non-resident owners may be disqualified if the by-laws explicitly require actual residency for at least one (1) year prior to election.
CA-G.R. SP No. 156789 (2022): Conviction for estafa (moral turpitude) in 2010 disqualifies the person permanently for HOA office unless pardoned by the President.
Supreme Court G.R. No. 237452 (2024): By-laws requiring candidates to have no pending case filed by the HOA is valid and reasonable.

VIII. Summary of Qualifications Checklist (Used by Most Election Committees)

To be eligible to run for HOA office, a member must possess ALL of the following on the deadline for filing of candidacy:

✓ Titleholder or authorized representative
✓ Member in good standing (no delinquency ≥60 days or fully settled)
✓ Not convicted of crime involving moral turpitude
✓ Not insolvent/bankrupt
✓ Not judicially declared incompetent
✓ Not a developer/agent during development period
✓ Compliant with additional reasonable by-law requirements (residency, age, no pending serious cases, etc.)
✓ Personally accepted nomination (no proxy candidacy)

Any candidate who lacks even one of these qualifications may be validly disqualified by the Election Committee, subject to appeal to the DHSUD Regional Office within five (5) days from receipt of the disqualification resolution.

This framework represents the complete and current state of Philippine law and jurisprudence on qualifications for HOA officer elections as of December 2025.