BY-LAWS of the SFP-HOA

January 12, 2010 at 2:35 am (Uncategorized)

These BY-LAWS of the Saint Francis Park Homeowner Association,Inc.,referred to as By-Laws, are Hereby adopted and enacted to govern the general conduct of business and operations of the said association.The primary objective of the association is to protect and promote the general welfare and development of the members, their lives and their properties. The Association is non-partisan, non-sectarian, non-stock, and non-profit.

ARTICLE 1-NAME AND DOMICILE.

SEC.1The official and registered name of the corporation shall be the SAINT FRANCIS PART HOME-OWNERS ASSOCIATION,INC.(SFPHOA),

hereinafter referred to as the ASSOCIATION.The ASSOCIATION shall cover and govern all individual lots .and houses and lots situated within the subdivision herein the subdivision herein referred to collectively as the VILLAGE.

SCE2. The permanent domicile and business address of the ASSOCIATION shall be :

ST.FRANCIS PARK SUBDIVISION GUARD HOUSE

Brgy.Tanque

5800 ROXAS CITY

SFP Gate Tel.No.621-3073

But any agreement, solution, or action by the BOARD in any place within the territorial jurisdiction of the Philippines, if made in writing and concurred in by the majority of the BOARD shall be valid for all purposes as if the same was made and adopted in the domicile or principal office of the ASSOCIATION.

ARTICLE2-MEMBERSHIP

SEC.1 SCOPE of Member. All homeowner, transfer-of-rights holders and individual lot owners/buyers, shall automatically become members of the ASSOCIATION.

All bona fide lessees, persons or entities assigned by the home-owner to take over his place as member will joy the same rights and privileges, and become subject to the same duties  and obligations of the homeowner, provide that the ASSOCIATION was notified in writing by the homeowner of the  name, address, and his relationship to his bona fide lessee, or assigned, and that the assigned, and the assignment shows acquiescence by the assigned.

SEC.1 DUTIES  and Obligations of Members. All Members, to be in good standing, are expected to faithfully discharge the following duties and obligations :

a. Promptly pay his membership fees and dues, and other charges and assessments that ASSOCIATION may levy:

b. Actively participate in the various ASSOCIATION programs, projects, and activities such as meetings and/or other social gatherings, fund-raising campaigns, etc.

c. Comply fully with and abide by all the policies, guidelines, rules and regulations that the ASSOCIATION may promulgate and implement from time to time, and;

d. Recognize and respect the position and authority of all the elected and appointed officers of the ASSOCIATION, as well as respect the rights and interest of the others members.

SEC.2 Fess and Duties. The BOARD may assess each member an amount for the operation and activities of the ASSOCIATION,including but not limited to expenses such as land taxes, security, telephone,bills, water bills, garbage collections, maintenance and repair costs.Said assessment mat be made payable annually, semi-annually, quarterly, monthly, or at such time as may be determined by the BOARS, and if not paid when due will constitute a lien of the BOARD, and if not paid when due will constituted a lien of the property junior only to the Government for non-payment of taxes and to voluntary mortgages on the property.

ARTICLE 3-THE BOARD OF DIRECTORS AND THE EXECUTIVE OFFICERS OF THE ASSOCIATION.

SEC.1 Board of Directors. The ASSOCIATION shall be represented by a Board of Directors, hereinafter referred  to as the BOARD, composed of Eleven (11) members,hereinafter referred to as  the DIRECTORS, elected by qualified members of the ASSOCIATION.The BOARD shall elect from among themselves the Chairman ant the vice-Chairman.The DIRECTOR  shall be the legislative officers of the ASSOCIATION general membership.

In case of vacancy due to resignation or death of any of the DIRECTORS, or any other cause, the BOARD is empowered and authorized to name and designate from among the non-delinquent term ot until a successor hs been duly elected and qualified.

Sec.3 Election and Term of Office. The DIRECTORS and the officers of the ASSOCIATION are elected every second Saturday of October for the following fiscal year.The term of office of the elective position is good for one(1) fiscal year and re-election has no limit.

SEC.4 Prohibited Practices for Director and Officers.All Director and Officers shall be barred from transacting business directly or indirectly with the ASSOCIATION during incumbency of office to avoid conflict of interest.Any director or officer proven to have violated this prohibition shall be automatically removed and replaced.

SEC.5 Removal and/or Replacement of Director and/or Officers.A director or an officer may be removed in case of violation of SEC.4,gross misconduct and/or other practices unbecoming of an officer.only the position for Chairman or President is not subjected to a special election because in case of vacancy from office the Vice Chairman or the Vice President, respectively, automatically takes his position however the other positions are filled by having a special election.Such removal will follow the due process of law in order to te fair to all concerned and will be handled first by the ASSOCIATION before reaching any regular court.

ARTICLE 4- DUTIES AND RESPONSIBILITIES OF ASSOCIATION EXECUTIVE OFFICERS.

SEC.1 President – The president shall :

a. President over all meetings of the general membership mof the ASSOCIATION.

b.Manage the over-all operation of the ASSOCIATION executive and implement all polices, duidlines and directives that the BOARD may adopt from time to time.

c.Ensure the efficient maintenance of the VILLAGE facilities and utilities, and the timely delivery of the basic services, monitor and oversee all ASSOCIATION activities and project, ensure strict compliance of members with all the VILLAGE rules and regulations.

d.Ensure  smooth and constant coordination and liaison among all the residents to encourage positive and open interaction.

e.Represent the ASSOCIATION in all external for a, gatherings, activities or affairs and with the approval of the BOARD, enter into contacts, agreements, covenants or any document and related thereto, in the name of the ASSOCIATION.

SEC.2 Vice President – the Vice President shall assume the position and discharge the duties and functions of the president in case of the letter’s absence, incapacity or resignation. In case of permanent  incapacity or resignation of the President, or his removal from the Vice President, or his removal from office the Vice President shall serve the unexpired term of the former.

ARTICLE5 – MISCELLANEOUS PROVISIONS.

SEC.1 Effectivity of BOARD Enactments – Unless otherwise provided in these BY-LAWS, all policies, guidelines, rules and regulation enacted by the BOARD, or any decision rendered with respect to the ASSOCIATION affairs, or imposition of any sanction or penalty agains a member, shall take effect only fifteen(15) days after the posting thereof on the bulletin board of the ASSOCIATION or upon the reciep of the written communication by the members concerned.

SEC.3 Annual Meetings and Election – The ASSOCIATION shall have a regulation annual general membership meeting where the reports of the President antd Treasurer, and the formal introductin of the new set of officers, among others will ber taken up..This annual general membership meeting is to be held on the Saturday that falls on, immediately before or after the Feast Day whict is October 3, at 3:00 PM. In any case,the actual date and venue shall be decided by the BOARD, and shall be disseminated to the Home-owners by the Secretary.

SEC.4 Power of the ASSOCIATION – The ASSOCIATION shall prescribe the rules and regulations regarding occupancy and the use of lots in the VILLAGE; amend or cancel existing restriction, regulate the type of architecture, construction and building plans in the VILLAGE in conformity with the Contract to Sell and the rules of the National Urban Planning Commission and its agencies, and in accordance with city zoning regulations; make provisions for public utilities, fire protection, maintenance and repair of a streets, private police protection, etc., as may be desirable for the convenience of there owners, and lesson in the VILLAGE, provide for the assessment, non-payment of which will constitute a lien on the property junior only to the lie of the government for taxes and to the voluntary mortgages entered into in good faith and with sufficient consideration.

a. Use of lots. (As provided for in the St. Francis Park Subdivision Contract to Sell and/or annexes, if any)

b.Pets. Pets may be maintained but must be controlled in accordance with the rulings of the ASSOCIATION. The term pets pertains to any domesticated animal that can be reasonable contained within the a premises of the homeowner without causing any danger, harm and disturbance to the adjacent homeowners /or the VILLAGE as a whole. All the necessary veterinary precautions must be observed by the pet owner. Stray animals will be picked up and correspondingly disposed of should such animal have no identification as to its owner. Loose pets that may have caused any damage or harm will the sole responsibility of the pet owner to answer for.

c.Landscaping.planting of trees and other plants for the purpose of beautification is encouraged however should these plants be obstructive and/or hazardous to adjacent properties and public utilities such us electric/telephone lines, sewage, etc., the ASSOCIATION or officers have jurisdiction to correct and address the problem.

d.Building and Architecture. All buildings must be of strong materials and of  a type of architecture that is in harmony w/ the surroundings landscape & homes of the vicinity.

e.Plans. All plans for building and landscaping must be approved by the ASSOCIATION before constructions begins. The term “building” includes not only the main building but also perimeter walls, swimming pools, and all other structure which are permanent in nature. Copies of plans in specification for residence/commercial buildings, or additional construction thereon or modification thereof should be submitted to the ASSOCIATION for approval.

See the Website Of  Saint Francis Park Subdivision

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