Almiya Homeowners Association Inc By-laws:
 

Article III:

Section 1. Members - Every homeowner shall be qualified 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 optional.

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

A lessee of a homeowner 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 complying with the requirements of membership under the by-laws and the law.

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Section 3. Rights and Privileges of Membership - Every member of this association shall be entitled to participate in any meeting and vote of the following matters:

- Amendment of the articles of incorporation;
- Adoption and amendment of by-laws;
- Sale, lease exchange, mortgage, pledge or other disposition of all or substantially all of the association’s assets
- Incurring, creating, or increasing bonded indebtedness;

-  Increases or decreases of association capitalization or dues;
- Merger or consolidation of the association with another association or other association;

- Investment of association funds in another association; and

- Dissolution of the association.

- The use, enjoyment, and to benefit from, or take advantage of all facilities, amenities, and services of the association.

 

Unless otherwise stated in the Articles of Incorporation or in these by-laws, and in addition to the foregoing rights and privileges, every member in good standing of this association shall have the following rights:
- To vote at all elections of directors or trustees, either in person or by a representative authorized to act by written proxy;

- To be eligible to any elective or appointive office of the association;

- To participate and vote on all matters brought before any meeting or deliberation of the members of the association;
- 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.

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

 Section 5. Delinquent Member - Unless otherwise provided in the by-laws, a member who has failed to pay three (3) cumulative monthly dues or membership fees, or other charges assessment despite demands by the association, or has repeatedly violated the association’s by-laws and/or declared policies, may be declared delinquent by the Board of Directors in the accordance with the procedure in the succeeding section.

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Section 6. Procedure in Declaring a Member Delinquent - The board or a committee assigned by the Board shall observe the following procedures in declaring a member delinquent or not in good standing:
- The Board or the Committee shall determine whether a member (1) failed to pay at least three (3) cumulative monthly dues, fees or other charges based on the report of the treasurer or as reflected in the association’s financial records, or (2) repeatedly or grossly violated the by-laws or policies of the association as reflected in the book of records of the association;
- The President or the designated officer of the association shall forthwith notify the said member in writing of the violation and require him to explain in writing, within (15) days from receipt of notice, why he should not be declared delinquent.
- After the lapse of fifteen (15) days, with or without a written explanation, the President of the designated officer shall submit a matter to the Board or Committee for hearing and deliberation.
- Thereafter, the member may be declared delinquent by the majority vote of all the members of the Board.
 

Section 7. Sanctions for a Delinquent Member - All the rights and privileges of a member as provided in Section 3 is suspended upon the declaration of the delinquency by the Board and other provisions as stated in the Covenant.

 

Section 8. Reinstatement of a Delinquent Member - The board shall, by majority vote, reinstate the membership of the delinquent member, provided that unpaid dues, fees or charges are paid or the sanctions imposed are satisfied.

 

Nothing in this Rules shall prevent the association from imposing other sanctions against the delinquent member in accordance with the by-laws.
 

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Almiya - Covenant

4.9 The Board, and its President or the administration of the Village may, in case of delinquency or default, take the following action:

4.9.1 Post the names of the delinquent members in conspicuous place(s) within the premises of the Village,
4.9.2 Refusal to render and services handled or extended by the Association to delinquent member such as, but not limited to water connection and garbage collection services.
4.9.3 Suspend the voting rights of the delinquent Members in the event that assessments are past due for at least ninety (90) days until all unsettled obligations are fully paid by the said Member;
4.9.4 Prohibit and/or prevent the removal of furniture, fixtures, equipment and other items from the affected House and Lot of the delinquent member until all assessment, dues and other liabilities of the delinquent member have been fully satisfied; and/or
4.9.5 Enter in the and take possession of the House and Lot of the defaulting Member for the use and benefit of the Association for such period of time as may be necessary to liquidate the sum or sums of money payable and outstanding including the lease of such House and Lot to any interested party under such rate as may be acceptable to such interested party and apply the rental payments to liquidate the member’s delinquency. The income from the lease contract over and above the Member’s delinquency shall be turned over to the Owner concerned and/or held in trust for and on his behalf by the Corporation.

 

UPDATE: Jan 2023
There were several homeowners who continued to vehemently disregard payment of their monthly dues which have been accumulating every month while others have been irregularly paying the same; Despite repeated demands, these delinquent homeowners continued to disregard their monthly dues payment for reasons only known to them.

It is common knowledge that monthly dues are needed to build up funds for the Association and sustain the payment of administrative services; security services; costs of street lights, water, maintenance of the clubhouse, basketball court, street sweeper fees, and many other administrative and maintenance services for the benefit of the entire Almiya Subdivision; 

 

Board approved that the following sanctions as embodied in the By-Laws of the Almiya Homeonwers Association Inc be implemented effective January 21, 2023 to all homeowners and residents whose association dues remain unpaid as of January 2023;

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Steps for Delinquency Collection