Whenever telecom facilities or infrastructure are to be constructed within a residential community, the consent of the duly registered homeowner association (HOA) of the subdivision/village, including socialized, economic, or relocation projects or other residential real property, is required.
Coverage
Department Order No. 2022-012, issued by the Department of Human Settlements and Urban Development, prescribes the “Guidelines in the Processing of Applications for Homeowners Association Consent for the Construction and Installation of Telecommunication Facilities and Infrastructure within Residential Subdivisions/Villages and/or Other Residential Real Property.”
The guidelines involve the construction of Passive Telecommunication Tower Infrastructure (PTTI), pole erection, underground fiber duct construction, cable and facility installation, and other telecom facilities and infrastructure.
Covered entities include public telecom entities (PTEs), cable TV operators, value-added service (VAS) and information and communication technology (ICT) providers, independent tower companies, distribution utility owners, and their authorized contractors.
Consultation and consent
The filing of the application or request to the HOA should be accompanied by the submission of required documents, including, but not limited to, plans, work programs, maps, an affidavit of undertakings, and payment of the application fee. The HOA may deny receipt of such an application if the required documents are incomplete.
The application fee that the HOA may charge shall not exceed Two Thousand Pesos. However, necessary expenses that may be incurred by the HOA, like information dissemination, are for the applicant’s account.
Within ten working days of receiving the application and completing the requirements, the Board of Trustees/Directors and/or officers are required to conduct a special general assembly, either in person, through remote electronic means, or a combination thereof.
In addition, notice should be given to the association members at least five days before the date of the assembly. The notice, with details of the applicant’s name, proposed scope of work, project location, duration of work, voting and/or referendum schedules, and election of the Canvassing Committee (in the absence of an Election Committee) shall be posted at the HOA office and in at least three conspicuous places within the subdivision or community.
Within 30 working days from the special general assembly called where there was a quorum, the HOA shall conduct voting where association members shall cast their votes personally or by proxy, in person, or through electronic means. A majority of 50 percent plus one of the total number of members, regardless of standing, must approve or grant the consent.
In case of failure to obtain a quorum after two assemblies called within the 30-day period, the association shall hold a referendum within another 30 working days from the date of the failed assembly, provided the details/executive brief of the project are sent to all members at least 15 working days prior to the referendum date, and copies are duly posted at the HOA office and in at least three conspicuous places in the subdivision or community.
The Report of Canvass shall be submitted to the Board within three calendar days from the date of the casting of votes or referendum, addressed to the President, and a copy furnished to each Board member.
Within two days of receipt of the report, the President shall issue the notarized Certificate of Consent to the applicant, including any reasonable conditions or restrictions. Copy of the certificate shall also be required to be posted in the HOA office, and furnished DHSUD’s Regional Office.
Conditional approval
If the HOA recommends remedial measures/conditions, they shall be treated as conditional approval. Only after the applicant’s satisfactory performance and completion of the remedial measures/conditions can the request be approved and a Certificate of Consent issued.
Automatic approval
In the event the HOA fails to act within the prescribed period, the application shall be deemed approved, and the requested consent issued. This is without prejudice to any action that association members may take against their Board and or officers.
Denial
Consent may be denied or disapproved if there are other more suitable sites for the project within the area; the construction would pose danger to the lives of the resident; or such construction is prohibited by law or issuances by appropriate national or local government unit; or not in conformance with the approved subdivision plan.
In writing, the HOA President shall notify the applicant of the disapproval, stating the reason/s thereof. The aggrieved party may request the assistance of the DHSUD Regional Office for the latter to call the parties to a conference.
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Henry L. Yap is an Architect and fellow of Environmental Planning and Real Estate Management. He is one of the Undersecretaries of the Department of Human Settlements and Urban Development.
