2 Bylaws CMP

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The key takeaways are that this document outlines the by-laws of an association, including its purpose, membership requirements, rights and privileges of members, and duties of members.

To become a member of the association, one must either own or lease a lot/house within the specified location for a period of at least one year. Long-term lessees and bonafide occupants are also considered members in lieu of the property owner.

Members have the right to vote on major decisions affecting the association as well as use facilities and services provided by the association. They can also participate in meetings and hold elective or appointive positions.

BY LAWS

OF

_____________________________________________________________

ARTICLE I
DECLARATION OF PURPOSE

The purposes of this association are those set forth in its Articles of Incorporation. Its
primary concern is to facilitate the ownership of lots or houses, or both, by its members and to
enhance the delivery of adequate social services or advantages for the association to improve
the quality of life and well-being of its members.

ARTICLE II
NAME AND LOCATION

The name of this Association is ______________________________________________


_____________________________________________________________________________.
Its principal office shall be located at _______________________________________________.

ARTICLE III
MEMBERSHIP

Section 1. Members. All lot buyers/owners, awardees, long-term lessees and


occupants, or informal settlers intending as beneficiaries of ownership rights over their leased
or occupied lots of houses at __________________________________________ shall become
members of the association; provided however, that the long-term lessees and bonafide
occupants shall be considered as members of the association, in lieu of the owner of the same.

A lease shall be considered a long-term lease if his lease is in writing and for a period of
one year or more.

The right of membership, including the right to vote and to be voted for, shall be
exercised by the head of the family or authorized representative of each homeowner, lot
owner/buyer, awardee, lease holder or bonafide occupant, of a house or lot.

Section 2. Member in Good Standing. A member in good standing is one who


complies faithfully with all the duties and obligations of a member as determined by the board
of directors.

Section 3. Rights and Privileges of Membership. Every member of this


association shall be entitled to participate in any meeting and vote on the following matters:

a. Amendment of the articles of incorporation;


b. Adoption and amendment of by-laws;
c. Sale, lease, exchange, mortgage, pledge or other disposition of all or substantially
all of the associations assets;
d. Incurring, creating, or increasing bonded indebtedness;
e. Increases or decreases of association capitalization or dues;
f. Merger or consolidation of the association with another association or other
associations;
g. Investment of association funds in another association;
h. Dissolution of the association; and,
i. Inspection and examination of association records at reasonable hours on
business days.
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Unless otherwise stated in the Articles of Incorporation or in this By-Laws, and in


addition to the foregoing rights and privileges, every member in good standing of this
association shall have the following rights:

a. To vote at all elections of trustees or directors, either in person or by


representative authorized to act by written proxy;
b. To be eligible to any elective or appointive office of the association;
c. To participate and vote on all matters brought before any meeting or deliberation
of the members of the association;
d. To use, enjoy, benefit from, or take advantage of all facilities and services of the
association.

Section 4. Duties of Members. Every member of this association shall have the
following duties:

a. To pay his membership fee, association dues, special assessments, and such other
fees which may be levied on him by the association;
b. To participate in important activities or social affairs of the association as may be
determined by the board of directors or trustees;
c. To attend all meetings assembly, and seminars as may be called by the
association, the board of directors or trustees or its committees;
d. To obey and comply with this by-laws and such other rules and regulations as
may be promulgated by the board of directors or trustees and approved by the
majority of the members.

Section 5. Membership Roll. The association shall keep and maintain under the
custody of the Secretary, a membership roll containing the list of all members and such
additional members as may be admitted from time to time, including information and data,
which may be required by the board of directors and trustees.

Section 6. Expulsion from the Association. Any member may be expelled from
the association on the following grounds:

a. Default in the payment of association dues specified in Article IV hereof, for a


period of thirty (30) days from written demand;
b. Ceasing to be a member in good standing, as determined by the board of
directors and trustees, after due notice and hearing;
c. Repeated violation of any of the provisions of the articles of incorporation, this by-
laws or existing rules and regulations of the association and exhibiting conduct
inimical to the interest of the association as determined by the board of directors
or trustees, after due notice and hearing.

ARTICLE IV
FEES AND DUES

Section 1. Membership Fee. Upon the organization of this association, or the


admission of any person as member hereof, every member of the association shall pay a
membership fee of ____________________________________________________________to
be paid in a manner determined by the board of directors or trustees.

Section 2. Association or Maintenance Dues. Monthly association and/or


maintenance dues of ________________________________________________________ shall
be collected from every member to defray the administrative cost and operational expenses of
the association.
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Section 3. Contributions. The association may raise funds for its programs and
activities, through contributions, donations and/or other forms.

Section 4. Special Assessments. The board of directors or trustees, may from


time to time assess and collect from each member, reasonable amounts as may be necessary to
fund special community projects for the common good and benefit of the association as
approved by the majority of the members of the board.

ARTICLE V
BOARD OF DIRECTORS OR TRUSTEES

Section 1. Board of Directors or Trustees and their General Powers. Unless


otherwise provided in the articles of incorporation and this by-laws, the powers of this
association shall be exercised, all business conducted and all of its property controlled and held
by the board of directors or trustees elected from among the members in good standing of this
association.

Section 2. Number of Directors or Trustees and Qualifications. The board of


directors or trustees of this association shall be composed of ________________ (___) elected
members. No person shall be elected as a director or trustee unless he is a member in good
standing of this association.

Section 3. Nomination. Not less than seven (7) days nor more than fourteen (14)
days before the annual meeting at which the directors are to be elected, any fifteen (15) or
more members, may, by written petition, nominate candidates to the Board and post their
name in the bulletin board of the association.

Section 4. Election and Term of Office. Directors shall be elected by secret ballot
at the annual meeting of the members of the Association. The directors so elected shall hold
office for a term of ______________ years and until their successors are elected and qualified.

Section 5. Removal of Directors or Trustees by Members. At any regular or


special meeting of the members duly called and held, any director or trustee may, on any valid
ground by two-thirds (2/3) vote of the members entitled to vote, be removed from office. Any
vacancy created by such removal shall be filled by majority vote of the members present at
such meeting without compliance with the foregoing provisions with respect to nomination.
The director(s) or trustee(s) so elected shall serve the unexpired term(s) of the removed
director(s) or trustee(s).

Section 6. Vacancies. Except as herein above provided, any other vacancies


occurring in the Board either by resignation, death or incapacity, shall be filled by a majority
vote of the members entitled to vote at a special meeting duly called and held for the purpose
without compliance with the foregoing provisions with respect to nomination. The director(s) or
trustee(s) so elected shall serve the unexpired term(s) of the resigning, incapacitated or
deceased director(s) or trustee(s).

Section 7. Regular Meeting of the Board. The first regular meeting of the Board
shall without notice be held immediately after the annual meeting of the members. Thereafter,
the regular meeting of the Board shall also be held on the _____________________________
at the principal office of the association and no notice thereof shall be required.
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Section 8. Special Meeting of the Board. Special meeting of the board may be
called by the President or majority of the members of the board and it shall thereupon be the
duty of the secretary to cause the notice of such meeting to be sent to each Director at least
two (2) days before the meeting.

Section 9. Quorum. A majority of directors or trustees shall constitute a quorum at


any meeting of the Board.

Section 10. Compensation. The directors or trustees may be entitled to per diem
for actual attendance to the meeting in such amount as may be determined by majority of the
members of the association.

ARTICLE VI
OFFICERS

Section 1. Officers. The officers of the association shall be the President, Vice-
President, Secretary, Treasurer, Auditor and such other officers as may from time to time be
determined by the Board. Long-term lessees and tenants are not qualified to be elected or
appointed as president, vice-president, and treasurer of the association.

Section 2. Election and Term of Office. The officers mentioned in Section 1


hereof shall be elected at the annual meeting of the Board held immediately after the annual
meeting of members and shall hold office for a term of _______________ years and until their
successors shall have been elected and qualified. If the election of officers cannot be held at
such meeting, the election shall be held during the next regular meeting.

Section 3. Compensation. The officers of the association who are not members of
the Board may receive such honoraria as may be determined by the board of directors or
trustees.

Section 4. Removal of Officers. Any officer of the association may be removed by


a majority vote of the members of the Board constituting a quorum whenever in its judgment
the best interest of the Association will be served thereby.

Section 5. President. The President who should be a director shall preside at all
meeting of the members and of the board of directors or trustees. The president shall exercise
such powers and performs such duties incident to his office and such other duties as may from
time to time delegated to him by the Board. Among others, the president shall:

a. Preside at the meetings of the members and of the board of directors or trustees;
b. Represent the association in all activities to which it is a party or participant;
c. Preside, in consultation with the appropriate officers and committees, a yearly
program of activities and submit an annual report of the operations of the
association to the members at the annual meeting, and to the board of directors
or trustees such statements, report, memoranda and accounts as may be
requested by the latter;
d. Organize and supervise work groups among the members of the association;
e. Post a fidelity bond sufficient to answer for the associations cash assets and its
equivalent at the time of his/her assumption of office, provided, that the posting
of the said bond shall be for the personal account of the officer concerned;
f. Exercise the power to create additional committees as maybe necessary.
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Section 6. Vice-President. The Vice-President who should also be a director or


trustee, shall, in the absence or disability of the president, perform the duties of the president
and such other duties as the Board may from time to time prescribe.

Section 7. Treasurer. The Treasurer shall have the following duties:

a. Have charge and custody of and be responsible for the funds of the association;
b. Shall disburse the funds of the association, for specific purpose/s authorized by a
resolution of the board of directors or trustees;
c. Shall take charge and have custody of petty cash funds as may be fixed by the
board;
d. Be responsible for keeping the financial records of the association and the
liquidation of any and all accounts, liabilities and obligations owing on dues from
the association;
e. Shall monitor all delinquencies and send notices on overdue associations dues
and/or demand letters;
f. Post a fidelity bond sufficient to answer for the associations cash assets and its
equivalent at the time of his/her assumption of office provided, that the posting of
the bond shall be for the personal account of the officer;
g. In general, perform all the duties incident to the office of the treasurer and such
other duties as may from time to time be assigned to him by the board of
directors or trustees.

Section 8. Secretary. The Secretary shall:

a. Keep the minutes of the meetings of the members of the board, in one or more
books provided for this purpose;
b. Deliver or submit all notices in accordance with this by-laws or as required by law
or rules of the HLURB;
c. Keep all corporate records and the seal of the association which shall be affixed to
such instruments as may be required by the HLURB and thereupon be attested by
his signature or that of the treasurer;
d. Keep a register or membership roll of the names and post office addresses of all
members;
e. Provide each member a copy of the by-laws and all amendments thereto;
f. In general, perform all duties incident to the office of the secretary and such other
duties as may from time to time be assigned by the board.

Section 9. Auditor. The Auditor shall:

a. Serve as the chairperson of the audit and inventory committee of the association;
b. Examine and audit all financial transactions of the association including all the
books, ledgers, journals and other supporting records pertaining thereto; and
c. Perform all duties incident to the office of the auditor and such other duties as
may from time to time be assigned by the Board.

ARTICLE VII
ASSOCIATION COMMITTEES

Section 1. Committees. The association, by a vote of the majority of the members


thereof, shall organize and create the following committees:
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a. Grievance and Adjudication Committee. The members of the grievance and


adjudication committee, who should have experience in counseling shall be
elected by the members in the annual meeting of members. The committee shall
accept and investigate complaints filed by a member against any other member or
officer, and shall settle or arbitrate any dispute within its power in the community.
In the event that the grievance is not settled by the committee, its decision may
be appealed to the board of directors or trustees.

Any controversy or dispute shall first be brought before the board of directors or
trustees prior to elevating the same to HLURB. The board of directors or trustees
shall issue a certification as to the non-settlement of a dispute before HLURB shall
take cognizance of the dispute or controversy.

b. Audit and Inventory Committee. The audit and inventory committee shall be
responsible for auditing the accounts of the association. It shall conduct such
audit at least semi-annually and submit its reports thereon to the board of
directors or trustees.

c. Committee on Election. The committee on election shall be composed of three


(3) members, to be elected by the members in the annual meeting who shall
serve for a term one year until their successors have been elected and duly
qualified.

The Committee shall supervise all election activities of the association

d. Development and Services Committee. The development and services


committee shall take charge of planning, coordination and actually operating the
facilities and services of the association. It shall be organized into groups or
councils, which shall form as the backbone of the community service delivery
system. Initially, these groups or council may be the following: Health and
Nutrition and Mobility Groups. Additional groups or council shall be formed as the
need arises.

e. Membership and Education Committee. The membership and education


committee shall take charge of the development of human resources in the
community. It shall conduct information, educational and motivational campaigns
and shall prepare and implement training activities designed to make the residents
productive members of the association.

f. Financial Management Committee. Subject to the approval of the Board of


directors, the financial management committee, shall prepare the budget of the
association and plan, adopt and implement canvassing, procurement and
disbursement guidelines for projects that will or may require the use of the
association funds. The committee shall also serve as a coordinating body for all
financial matters involving external institutions and shall evolve a savings
campaign and other fund raising activities.

g. Livelihood Committee. The livelihood committee shall plan and coordinate all
economic programs designed to supplement the income of the members. As
such, it shall closely coordinate with the financial management committee in the
preparations of feasibility studies and other proposals.
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h. Maintenance Committee. The maintenance committee shall take charge of the


upkeep and repair of community facilities and services. It shall form and organize
the beautification/ecology team or group to maintain cleanliness and beauty in the
community.

i. Peace and Order Committee. The peace and order committee shall take charge
of maintaining peace and order in the community. It shall form and organize the
members into tanod brigades to safeguard the security of the area and
emergency/disaster brigade to meet any natural or man-made calamity.

j. Social and Cultural Affairs Committee. It shall be tasked with planning,


organizing and implementing social activities that will help improve inter-personal
relations among the members. It shall also develop programs and activities to
deepen cultural awareness among the members. Finally, it shall form and
organize sports and recreation brigade.

Section 2. Special Committees. Other special committees, council, or groups


may be created by the board of directors or trustees as the need arises.

ARTICLE VIII
MEETING OF MEMBERS

Section 1. Place of the Meeting. Meeting of the members shall be held at the
principal office of the Association.

Section 2. Annual Meeting. The annual meeting of the members shall be held on
__________________________________________________ of each year, at which meetings,
the members shall elect the directors and transact such other business as may properly be
brought during the meeting.

Section 3. Special General Meeting. At any time during the interval between
annual meeting, special meeting of the members may be called by the president or by a
majority of the board, provided, however, that ten (10) per centum or more of the members in
good standing may in writing, petition the board of directors or trustees to call a special
meeting of the members.

Section 4. Notice of Members Meeting. A written notice stating the date, place
and hour of the meeting and in case of special or an annual meeting at which business
requiring special notice is to be transacted, shall be personally delivered to each member not
less than five (5) days before the date of the meeting.

Section 5. Quorum. Majority of the members in good standing present in person or


by proxy shall constitute a quorum at any meeting of the members for the transaction of
business.

Section 6. Voting. Each of the household shall be entitled to only one vote. Voting
by proxy shall be allowed. All questions shall be decided by a vote of majority of those present
and voting except as otherwise provided by law, the articles of incorporation and this by-laws.

Section 7. Proxies. Proxies shall be in writing, dated, and signed by the member,
notarized, and filed before the scheduled meeting with the Secretary. It shall be valid only for
those meeting for which it is intended, unless otherwise provided in the proxy.
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Section 8. Annual Statement. A true and full statement of the affairs of the
association shall be submitted at the annual meeting for consideration by the members.

ARTICLE IX
FINANCIAL TRANSACTIONS

Section 1. Contracts. The Board shall by specific resolution, authorize any officer
or officers, or member/s to enter any contract or execute and deliver any instrument in the
name or in behalf of the association

Section 2. Signing of Checks, etc. All checks, drafts, or other orders for payment
of money, and all notes, bonds or other evidence of indebtedness issued in the name of the
association shall be signed jointly by the treasurer and the president or other officers authorized
by the Board.

Section 3. Deposit. All funds of the association such as association dues and
membership fees shall be deposited from time to time to the credit or account of the
association in such bank or banks as the Board may designate.

Section 4. Fiscal Year. The fiscal year of the association shall begin on the 1st day
st
of January and end on the 31 day of December of each year. The treasurer shall cause to be
made a full and complete audit of the books, accounts and financial condition of the
association. Such audit shall be made available for inspection by the members. For this
purpose, the association shall conduct such audit at least three (3) months before the end of
the fiscal year, make pertinent recommendations to the Board and render a report to the
members at the annual meeting.

ARTICLE X
COMMUNITY MORTGAGE PROGRAM (CMP), GROUP
LAND ACQUISITION AND DEVELOPMENT (GLAD),
SELF-HELP AND OTHER LAND TENURIAL PROGRAMS

Section 1. Conditions of Membership. A member of community mortgage or


group land acquisition and development projects and other self-help and land tenurial programs
shall agree to the following provisions:

a. To relocate to other lots or areas and/or vary their house plans and designs when
the community or site development, such as roadways, or drainage, and/or water
lines to be constructed/installed, shall require such relocation or alteration for the
common good of the majority of the members or in compliance with government
regulations;
b. The right of the homeowners or community association and the agreement of the
members to the substitution of members who default in the payment of at least
three (3) monthly rentals/amortizations due; and
c. To recognize vested or prior rights of any member whose load allocation has been
fully paid by the assisting private or public financial institution.

Section 2. Dispute Resolution. Where the community association cannot resolve,


through its internal grievance and adjudication committee, the issues relative to but not limited
to relocation or lot allocation within the site; allocation of lots areas and/or loan shares; sharing
in expenses relating to the acquisition, subdivision, titling of the land/lots, and annotations of
mortgages, the members agree to submit to and abide by the decision of any adjudication
branch or department created by the private or public financing institution concerned for the
purpose.
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ARTICLE XI
MISCELLANEOUS PROVISIONS

Section 1. Dissolution or Revocation of Registration. In the event the


Association fails to acquire the land subject of the community mortgage program, group land
acquisition and development, self-help land acquisition scheme, and other land tenurial
program, the association shall be deemed dissolved and the registration thereof deemed
revoked, and not valid for any other purpose.

Section 2. Board Rules and Regulations. The Board shall have the power to
promulgate such rules and regulations consistent with law, the articles of incorporation or this
by-laws.

Section 3. Amendments. This by-laws or any portion or provision hereof may be


amended, repealed or otherwise changed, upon the initiation of the Board in any manner not
contrary to law, the articles of incorporation, contracts, or agreements, at a duly called and held
regular meeting or special meeting by a majority vote of the members, provided, however, that
notice of such meeting whether regular or special, shall contain a fair statement of the
proposed amendments.

The foregoing by-laws were adopted and approved by all the incorporators on
___________________________________ at ________________________________________
_____________________________________________________________________________.

(Note: If filed with Articles of Incorporation, should be signed by all Incorporators; if filed after
incorporation, should be signed by majority of the members)

IN WITNESS WHEREOF, we have hereunto set our hands this _________ day of
_____________________, 20____ at ______________________________________________.

______________________________ ______________________________

______________________________ ______________________________

______________________________ ______________________________

______________________________ ______________________________

______________________________ ______________________________

______________________________ ______________________________

______________________________ ______________________________

______________________________
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ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


CITY / PROVINCE OF _______________) S.S.

BEFORE ME, a Notary Public for and in ____________________ this _____ day of
_________________, 20____, personally appeared:

NAME CTC NUMBER DATE OF ISSUE PLACE OF ISSUE

_____________________ _______________ _______________ __________________


_____________________ _______________ _______________ __________________
_____________________ _______________ _______________ __________________
_____________________ _______________ _______________ __________________
_____________________ _______________ _______________ __________________
_____________________ _______________ _______________ __________________
_____________________ _______________ _______________ __________________
_____________________ _______________ _______________ __________________
_____________________ _______________ _______________ __________________
_____________________ _______________ _______________ __________________
_____________________ _______________ _______________ __________________
_____________________ _______________ _______________ __________________
_____________________ _______________ _______________ __________________
_____________________ _______________ _______________ __________________
_____________________ _______________ _______________ __________________

known to me and to me known to be the same persons who executed the foregoing instrument
and acknowledged to me that the same is their free and voluntary act and deed as well as the
free and voluntary act and deed of the association they represent.

This instrument consisting of __________ pages including this page whereon the
acknowledgment clause is written, signed by the authorized signatories together with their
instrumental witnesses on each and every page hereof sealed with my notarial seal, refers to
the by-laws of the ______________________________________________________________.

WITNESS MY HAND SEAL on the day, year and place first above-written.

NOTARY PUBLIC

Doc. No. _____;


Page No. _____;
Book No. _____;
Series of 20 ____.

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