Bria Homes Manolo Fortich

Section 1: Eligibility and Enrollment

Members. Every homeowner, owner or purchaser of houses and/or lots in BRIA MANOLO FORTICH SUBDIVISION shall be qualified or eligible to be a member of the association. Unless otherwise provided in the Contract to Sell, Deed of Sale, or other instruments of conveyance or annotated in the title of the property, membership in the association is voluntary. A lessee of a member under a contract with a term of at least one (1) year may qualify to be a member and shall have the rights of a member upon procurement of a written consent or authorization from the owner of the lot and/or housing unit, and upon complying with the requirements of membership under this Bylaws and the law.When the member owns more than one (1) lot and/or housing unit or a multi-dwelling that is leased out to two (2) or more lessees, the written consent or authorization required herein shall be issued to only one (1) of them. For co-owners and co-lessees, they shall designate among themselves through an irrevocable special power of attorney the one who shall exercise all rights, obligations, and prerogatives of membership and agree to be bound by the consequences of the agent’s actions and omissions.

Section 2: Application for Membership

Unless membership is compulsory or automatic, all applications for membership shall be subject to the approval of the Board of Trustees/Directors (hereinafter referred to as the “Board”). Membership shall become effective upon approval by the Board of the application for membership and upon payment of the membership fee.

Section 3: Termination of Membership

Members shall be strictly obligated to:

Section 4: . Rights of a Member

A member shall have the following rights: a. Avail of and enjoy all basic community services and the use of common areas and facilities, Provided, the member is in good standing;
b. Inspect association books and records during office hours and to be provided, upon request, with a copy of annual reports, including financial statements, at the member’s own expense;
c. Participate, vote and be eligible for any elective or appointive office of the association subject to the qualifications as provided for in this Bylaws;
d. Participate in association meetings, elections and referenda, Provided, the member is in good standing;
e. Demand and promptly receive the refund of deposits such as construction bonds, required by the association as soon as the condition for the deposit has been complied with or the period therefor has expired;
and f. To enjoy all other rights as may be provided in this Bylaws.

Section 5: Duties and Responsibilities of a Member

A member shall have the following duties: a. To timely pay association dues, fees and other assessments;
b. To support and participate in the projects, activities and affairs of the association;
c. To attend meetings of the association; and
d. To comply with this Bylaws, policies, rules and regulations, and deeds of restrictions of the Association;

Section 6: Voting Rights

Each member shall be entitled to one (1) vote regardless of the number of properties owned. A member may exercise his/her/its voting right in person or by proxy.

Section 7: Member in Good Standing

A member in good standing is one who complies faithfully with all the duties and obligations of a member.

Section 8: Delinquent Member or Member Not in Good Standing

A member may be declared delinquent or not in good standing by the majority of the Board on any of the following grounds:
a. Failure to pay at least three (3) cumulative monthly dues or membership fees, and/or other charges and/or assessments despite repeated demands by the association;
b. Failure to attend membership meetings in person or by proxy without any justifiable reason for at least three (3) consecutive general membership meetings despite receipt of notice.
c. Finding of repeated violation of and non-compliance with, including but not limited to, final orders and directives, pertinent laws, rules and regulations and policies issued by duly constituted authorities, this Bylaws, and/or the association’s policies and/or rules and regulations;
d. Commission of conduct inimical to the interest of the association and/or the community and determined by the Board from competent proof and after due notice and hearing, to have been committed by the member; or
A member who has been declared delinquent or not in good standing in accordance with the procedure in the succeeding Section is not entitled to exercise the rights of a member, but is nevertheless obliged to pay all the fees and dues assessed to a member in good standing.

Section 9: Procedure in Declaring a Member Delinquent or not in good standing

The Board or a committee assigned by the Board shall observe the following procedure in declaring a member delinquent or not in good standing:
a. The Board or the committee shall preliminarily determine whether or not a member may be declared delinquent or not in good standing on any of the grounds provided in this Bylaws.
b. The president or the designated officer of the association shall forthwith notify the said member in writing of the violation and require him/her to explain in writing, within fifteen (15) days from the receipt of the notice of violation, why he/she should not be declared delinquent or not in good standing.
In case the violation was for non-payment of dues, fees and other assessments, the notice shall state that the said member is given a grace period of sixty (60) days reckoned from the receipt of the notice to pay his/her/its arrears. The member shall notify the Board of his/her intention to avail of the grace period within fifteen (15) days from said receipt.
c. After the lapse of fifteen (15) days, with or without a written explanation or notice of intention to avail of the grace period, the President or the designated officer shall submit the matter to the Board or the committee for hearing and deliberation. If a committee shall hear and deliberate, it shall transmit to the Board a summary of its findings and recommendations.
d. Within fifteen (15) days from the commencement of the hearing and deliberations, or the termination thereof, whichever is earlier, by majority vote of all members of the Board, the member may be declared delinquent or not in good standing.
e. The President shall notify the member concerned of the decision of the Board and shall furnish him/her a copy of the resolution.
f. The member declared delinquent or not in good standing may file a motion for reconsideration with the Board within ten (10) days from the receipt of the resolution declaring him/her delinquent or not in good standing. The motion must be resolved by the Board within five (5) days from the receipt thereof.

Section 10: Sanctions against a Delinquent Member or a Member not in good standing

The rights and privileges of a member are suspended upon declaration of delinquency by the Board. Such suspension shall extend to his/her co-owner/homeowners or co-lessees, as applicable, and all those residing in his/her property.
Any and all unpaid fees, dues and assessments shall bear interest and penalties of twelve percent (12%) per annum or at such rate as the Board may fix in any particular instance, subject to the provisions of existing laws, from due date until fully paid.
Any and all unpaid fees, dues and assessments on members, including all interests and penalties thereon, shall constitute a lien on their respective properties, or voluntary mortgages. Defaulting members shall likewise be liable for the cost of suit, attorney’s fees and damages in the event of litigation necessitated to enforce payment of their obligations.
The association may impose other sanctions against the delinquent member for violations and/or noncompliance with the association's bylaws, policies, rules, and regulations.

Section 11: Reinstatement of a Delinquent Member or a Member Not in Good Standing

The Board shall, by a majority vote of those present at a meeting at which there is a quorum, reinstate the membership of the delinquent member or member not in good standing within ten (10) days from the receipt of proof of payment of the unpaid dues, fees or charges, or satisfaction of the sanctions imposed.
If the Board fails to reinstate the suspended member within the prescribed period through no fault of the delinquent member, such as but not limited to the failure of the Board to hold a meeting or muster a quorum, the membership of the member concerned shall automatically be deemed reinstated and all rights restored at the lapse of the prescribed period.

Section 12: Membership Fee

Upon the organization of the association or upon admission, each member shall pay the amount of one thousand Pesos (Php1,000.00) or such amount as shall hereinafter be reasonably prescribed by the Board in consideration for membership in the association.

Section 13: Association or Maintenance Dues

Monthly association and/or maintenance dues of Php 500.00 per square meter shall be collected from every member to defray the administrative cost and operational expenses of the association. Any increase or decrease in the amount of the association or maintenance dues shall be upon the approval of the Board.
The Board shall fix and collect monthly beneficial user dues from every non-member of the association as his contribution to defray the expenses incurred by the association for basic community services, provided that the amount of beneficial user dues shall not exceed the cost of such services and that consent of the relevant non-member is secured.
A Beneficial User refers to a homeowner who is not a member of the association, or the owner who holds property or properties in the subdivision not for the purpose of residing therein but as part of the inventory of properties for sale to the general public. In a general sense, it refers to all property owners within the subdivision who are not members of the association but benefits from basic community services of the association.

Section 14: Contributions.

The association may raise funds for its programs and activities through contributions, donations and/or other forms.

Section 15: Special Assessments.

Unless the costs sought to be defrayed have already been incorporated in the computation of Association or Beneficial User Dues, the Board may, from time to time, assess and collect from each member and beneficial user reasonable amounts as may be necessary to defray other expenses necessary and proper for the security, tranquility and maintenance of the subdivision as well as that for the protection of the integrity and maintenance of the association to enable it to perform its duties and functions, subject to compliance of existing laws, and rules and regulations.
The Board may, from time to time, assess and collect from each other reasonable amounts as may be necessary to fund special community projects for the community projects for the common good and benefit of the association, as approved by the majority of the members of the Board and the members of the association.

Section 1: Composition and Term

The governing Board of Directors shall consist of seven (7) elected volunteers. All board members shall serve a fixed term of two (2) years or until their successors are properly elected and qualified.

Section 2: Officers and Responsibilities

Following the general elections, the Board of Directors shall internally elect the following executive officers:

• President: Directs corporate leadership, signs permits, and oversees public relations.
• Vice President: Presides over committee reviews and operational workflows.
• Secretary: Preserves community notices, registry listings, and meeting minutes.
• Treasurer: Handles financial ledgers, audit trail receipts, and dues collections.
• Auditor: Evaluates fiscal safety controls, bank entries, and invoices.

Section 1: Annual General Assembly

The General Assembly of all registered homeowners shall be held every second Sunday of October. This assembly functions as the ultimate decision-making body of the association.

Section 2: Quorum Requirements

A simple quorum consisting of at least 50% of active members, represented in person or via verified proxy, must be present to officially adopt resolutions and pass structural budget changes.

Section 1: Amendment Process

Any portion of these By-Laws may be altered, amended, or repealed by a two-thirds (2/3) vote of the entire active membership during a regular or special General Assembly convened for that specific purpose.