Homeowners Association (HOA) officials using "Data Privacy Act" to make it difficult for homeowners to check the HOA records and documentation.
However, the National Privacy Commission (NPC) disagrees and counters the claim saying "since the HOA is a juridical entity, it has no data privacy act to speak off"
Periodic friendly reminder to the HOA officers that if a homeowner is requesting for something he/she has every right to have, your job is NOT to let others report to the inquiring/requesting homeowner(s), and/or other homeowner(s), that there are differing views, opinions and/or motives about the request.
Your job is to ACT on it and tell him/her/them why you couldn't provide as requested. Proper communication is the key.
Your job is to give a reasonable answer to the dispute and not totally ignore or delay it when you're at a loss for words or explanation. DELAYS due to invalid reasons are NOT acceptable and could be perceived badly.
The Role of a Homeowners' Association Board of Directors include maintaining common areas, managing budgets/fiscal responsibilities, and enforcing/complying with governing documents. Within each of these categories are many tasks.
Also making sure that the rules (primarily the bylaws) are followed and that any complaints are dealt with in a TIMELY and RESPECTFUL manner.
HOA Documents Every Homeowner Needs To Know:
Overview.
Articles of Incorporation.
Association Bylaws.
Covenants, Conditions, and Restrictions.
Other Rules and Regulations.
Financial Documentation.
The Data Privacy Act should NOT be used, abused and misused to prevent homeowners to access pertinent information concerning HOA records and documentation.
What is the meaning of juridical entity?
An individual or legal entity recognized under law as having legal rights and obligations. Every homeowner is then a juridical entity.
If anybody could volunteer na gawan ito ng Tagalog version para mas maraming makaintindi sana, will be appreciated.
Below is the reply of the National Privacy Commission to our inquiry #DataPrivacyAct
"We respond to your inquiry on your right to inspect the books and records of your Homeowners’ Association (HOA) in relation to the Data Privacy Act of 2012 (DPA).
We gather that you are a homeowner/member of the ____________. You requested to inspect the _______ books and records pursuant to Section 7(b) of Republic Act (RA) 9904 (or the Magna Carta for Homeowners and Homeowners’ Associations and for Other Purposes) and D.O. No. 2021-007, Series of 2021 [or Implementing Rules and Regulations of RA 9904 (IRR) of the Department of Human Settlements and Urban Development (DHSUD)]. However, the ____ HOA President denied your request citing the DPA.
In essence, you ask whether the denial is proper.
At the outset, we emphasize that the DPA protects the data privacy rights of natural persons. Section 3(c) of the DPA defines a “Data Subject” as “an individual whose personal information is processed.” Thus, since the ______HOA is a juridical entity, it has no data privacy rights to speak off. Consequently, the President may have committed an error in citing the DPA to deny your request for inspection of books and records.
Besides, Section 73(g) of the Revised Corporation Code provides that corporate records shall “be open to inspection by any director, trustee, stockholder, or member of the corporation in person or by a representative at reasonable hours on business days, and a demand in writing may be made by such director, trustee or stockholder at their expense, for copies of such records or excerpts from said records.”
Also, Section 7(b) of RA 9904 similarly allows a member to inspect the association books and records of a HOA is expressly provided under: “An association member has full rights: xx (b) to inspect association books and records during office hours and to be provided upon request with annual reports, including financial statements.” Section 13(b) of the IRR of RA 9904 further provides that a member shall have the right to “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.”
Thus, as long as the request complies with the conditions stated in the laws and the IRRs, the Articles of Incorporation and the By-Laws of the HOA, a member may inspect HOA’s books and records including its financial statements."
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Ross is known as the Pambansang Blogger ng Pilipinas - An Information and Communication Technology (ICT) Professional by profession and a Social Media Evangelist by heart.
