W

FHA
WEST FAIRVIEW HOME OWNERS ASSOCIATION 1

COVENANTS
and
RULES

COVENANTS AND RULES

OF THE
 WEST FAIRVIEW HOMEOWNERS’ ASSOCIATION 1

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DEFINITION OF TERMS

1.01. Mother Organization – Shall be the West

Fairview Homeowners’ Association registered with
the SEC and the HLURB.

1.02. Association – the West Fairview Homeowners’

Association 1 and its officers.

1.03. Neighborhood – The area governed by the

Association that is composed of the lots, with or
without houses, located at Cypress, Cedar, Pine, and
Walnut streets.

1.04. Homeowner – A homeowner is an individual

who has physical possession of a lot within the
Territory of the Association whether in the concept of
an owner or as a lessee. The Immediate member of
a homeowner shall be considered a homeowner. A
homeowner is automatically a member of the
association.

1.05. Delinquent Homeowner – is a homeowner who

had failed to pay his due for three (3) months or
more.

1.06. House helps – person/s hired by a homeowner

to cater to his family’s immediate personal needs
who lives in his house.

1.07. Employees – Person/s who are employed by any

homeowners who are regularly required to report for

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 work at the home that he occupies within the
neighborhood Construction workers shall be deemed
as employees of the lot or homeowner.

1.08. Visitor/Guest – is a person who does not own or

possess a lot but who is temporarily staying with or
visiting a homeowner.

1 09. Civilian Volunteers – Are those who volunteered to

man the Cypress and Cedar Gates and enforce the
rules and regulations of the Associations.

1.10. Informal Settlers – Persons who have occupied

certain portions of lots that they do not own and
without authority of the lot owner within the territory of
the Association

1.11. Collection Officer – Is the person designated by the

Board or Treasurer who will collect the dues from the
Homeowners for the Association.

1.12. Vendors - Are those persons who are allowed by the

Association to peddle their products within the
neighborhood.

1.13. Vehicles - Any motorized mode of transportation

whether they are intended for public or private use.
Motorcycles and tricycles are included in the
definition of vehicles.

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1.14. Delinquent Homeowner – Is a homeowner who
failed to pay his Association dues for three (3)
months or more.

1.15. Construction – Any repair or building of a structure

within the neighborhood.

1.16. Construction Materials – All materials that would be

used in a construction.

1.17. Construction Worker – А person that is

commissioned by a homeowner to undertake
construction at his lot or house.

1.18. Pets – All animals that are taken care by a

homeowner.

1.19. Roads – Shall be the streets within the

neighbourhood.

1.20. Sidewalk – Is the area at the front of the lot of the

homeowner and outside the metes and bounds of his
property that was intended to be a sidewalk.

II

ORGANIZATIONAL STRUCTURE
AND
DUTIES OF OFFICERS

2.01. Board of Directors – The organization shall be

governed by a Board of Directors composed of Nine
(9) members selected in the following manner: Five
(5) members shall be elected by the homeowners of
Cypress, Pine and Walnut Streets; Two (2) members

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 shall come from those elected by the homeowners of
Cedar Townhomes 1 and 2; and Two (2) members
chalk come from those elected by homeowners of
Cedar Townhomes 3 and 4. The Board of Directors
shall be headed by a chairman elected from the
members of the Board of Directors. The board shall
act as a body and shall govern the affairs of the
association.

2.02. President – Shall implement the rules and

regulations adapted by the Association, directives of
the Board of Directors, initiate programs that shall
enhance goodwill amongst the homeowners,
represent the association at all functions, issue
certifications required by homeowners, give notices
to homeowners, preside during the meeting of the
homeowners, organize and appoint members of a
committee and such other duties incidental to the
foregoing or those that may be entrusted to him by
the Board of Directors.

2.03. Vice President – He shall act as President in the

after absence of the latter and may exercise such
powers and duties that may be delegated to him by
the Board of Directors or the President.

2.04. Secretary – He shall record and maintain a minute

book of all meetings of the Board of Directors and
Officers; give notices of meetings to the
homeowners, prepare the agenda of meetings of the
homeowners or Board of Directors, and to perform
such other duties that may be assigned to him by the
Board of Directors or the President.

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2.05. Treasurer – He shall keep a full and accurate
account of the dues, income and disbursements,
have custody and responsible for all funds, render
an annual statement of the financial condition of the
Association, and exercise such other powers and
functions that may be assigned to him by the Board
of Directors or the President.

2.06. Auditor – He shall examine the accounts and

accounting records, compare the charges with
vouchers, verify the balance sheet and income
items, and submit a report to the Board of Directors,
and exercise such other powers and functions that
may be assigned to him by the Board of Directors oF
the President.

2.07. Security Officer – He shall supervise the civilian

volunteers and be responsible for maintaining peace
and order within the neighborhood. He shall likewise
be the liaison of the Association to the barangay
officials and law enforcement authorities. The
Security Officer shall also exercise such other
powers and functions that may be assigned to him
by the Board of Directors or the President.

2.08. Council of Advisers – A group of homeowners who

have distinguished themselves in their respective
fields and shall have the right to attend meetings of
the Board of Directors and give advice on any issue
confronting the Association.

2.09. Qualification of a Board of Director or Officer – Only

homeowners of good standing may be elected as a
member of the Board of Directors or as an officer of

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 the association. A lessee cannot be elected to the
Board nor elected as an officer of the Association

2.09. Election of Board of Directors and Officers –The

Five (5) members of the Board of Directors shall be
elected by the homeowners of Cypress, Pine and
Walnut Streets during the first General Assembly of
the Association of the year. During the General
Assembly, the homeowners of Cedar Townhomes
shall inform the body of their nominated members to
the Board of Directors. Immediately after the election
and nomination, the members of the Board of
Directors shall select amongst themselves a
chairperson who shall preside over their meetings.
The other officers of the Association shall be
likewise elected during the first General Assembly of
the Association of the year.

2.10. Term of Office – The Board of Directors and officers

of the Association shall hold office for Two (2) years.
Their tenure as such automatically ends after the
election of the new Board of Directors and officers.

2.11. Vacancies – In case any of the Board of Directors or

officers cannot exercise his office for any reason
whatsoever, resigns, removed, or is no longer
qualified to hold office, the Board of Directors shall
appoint replacement from amongst the homeowners
in good standing who shall serve for the remaining
term.

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 III
POWERS OF THE ASSOCIATION

3.01. Powers - It is the responsibility of the Association to

maintain the Neighborhood safe, peaceful, clean and
to foster good relations among homeowners and
guests within the neighborhood. As such, the
Association, through its Board of Directors and
Officers shall have the following powers and duties:

3.01.a. The Association shall adapt and issue

rules and regulations that would
govern the conduct of homeowners.
From time to time, it may refer certain
matters to the homeowners for proper
action. The association may adapt
measures intended to strictly enforce
the rules and regulations and may
impose sanctions on homeowners or
guests who violates them.

3.01.b. It shall collect monthly dues from

homeowner. The Association may
have projects and organize activities
that will enhance camaraderie
amongst homeowners within the
neighborhood and/or be a source of
additional funds.

3.01.c. It shall disburse funds belonging to the

Association and may enter into
agreements with persons who may
provide it with services or materials
necessary for the fulfillment of the
objectives of the association. The

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 Association may provide allowance
for civilian volunteers.

3.01.d. The Officers of the Association have

the right to intervene in any
disagreement between any person
within the neighborhood when it
affects peace and order or otherwise
when other homeowners are affected
by the said disagreement. This is in
addition to the right of the Association
to seek assistance from the barangay
authorities and police. A homeowner
may also refer any matter concerning
him and another homeowner to the
Association so it could mediate and
seek a solution to any disagreement
between them.

IV
DUE AND COLLECTION

4.01. Homeowners Dues – Each homeowner of Cypress,

Pine and Walnut Streets shall be assessed a monthly
due of P400.00 for each lot that they own. The
homeowners of Cedar Townhomes shall contribute in
the following manner: Cedar Townhomes 1 and 2 -
P4,000.00/month; and Cedar Townhomes 3 and 4 -
P4,000.00/month.

4.02. Time of Payment – All Homeowners must pay their

respective Association Dues five (5) days before the
end of each month.

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4.03. The Collection Officer receiving the dues for the
Association shall issue a receipt to the homeowners
A homeowner should always demand an Official
Receipt from him. The Association shall not
recognize a claim of payment unless the receipt
issued by the collector is presented by the
homeowner.

V
RULES AND REGULATIONS

5.01. General Conduct – The following rules shall govern

the general conduct of a homeowner:

5.01.a. Maintenance of Property – A

homeowner must maintain his property in a
good condition at all times. Grass, shrubs
vines, trees and any plants within the lot must
be trimmed and mowed. The front of the lot of
the homeowner must always be swept clean
and leaves, cut grass, and branches shall not
left by a homeowner on the road or on the
sidewall or area intended as a sidewalk by the
homeowner. A homeowner must not burn
leaves, grass and branches within the
neighborhood.

5.01.b. Structure and Plants on the Sidewalk

– No structure, whether of a permanent or
temporary nature, shall be erected on a
sidewalk or the area intended as a sidewalk.
A homeowner may plant trees and ornamental
plants on the areas intended as a sidewalk
provided that he shall keep them trimmed,

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pruned and clean the branches and leaves
that falls to the street. The Association shall
have the right to trim or get a permit to cut
trees planted on the sidewalk if they pose an
immediate danger to person, property or may
cause damage to the road or the sewerage
line.

5.01.c. Guests – A homeowner is responsible

for the conduct of his guests, employee and
househelp. The Association shall have the
right to bar entry to any person who have
committed any act or threaten to commit an
act inimical to the interest of any homeowner
or the Association or who have violated any of
the rules.

5.01.d. Employees and Househelp – All

househelp and employees of a homeowner
must be registered with the Association.
Employees are not allowed to loiter within the
neighborhood before they report and after
they finish their work. The Association may
bar a househelp or employee who have
committed any act or threaten to commit an
act inimical to the interest of any homeowner
or the Association from entering the
neighborhood.

5.01.e. Vendors – Only vendors that are

registered and allowed by the Association
may enter the neighborhood and ply their
wares.

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 5.01.f. Beggars and Solicitors – The
Association shall not allow the entry of
beggars or solicitors within the neighborhood.

5.01.g. Illicit and Immoral Activity – A

homeowner shall not engage in any immoral
or illicit activity within the confines of his home
or lot.

5.01.h. Noise – A homeowner or his guests

shall not make or permit loud, disturbing or
objectionable noises. Radios, stereos, and
TVs must be played at an acceptable volume
so as not to disturb his neighbors. Each
homeowner is responsible for the actions,
conduct, and noise of his family members and
guests and no one shall unreasonably
interfere with the rights, comfort or
convenience of his neighbors.

5.01.i. Basketball Courts - A basketball court

shall not be constructed or erected on the
roads. While a homeowner may erect a
basketball court within his lot, he must see to
it that his neighbors are not unreasonably
inconvenienced by the noise created by those
playing.

5.02. Vehicle and Road Rules – The following rules must

be observed in the operation of vehicles within the
neighborhood and the Association has the right to
refuse entry to vehicles whose drivers violate them:

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5.02.a Entry/Exit – All vehicles shall enter
and exit at the gate of the Association located
at Cypress Street. The gates at Walnut and
Cedar Streets shall not be accessible to
vehicles except when there is an emergency
and it is absolutely necessary to open them.

5.02.b. Stickers – All vehicles of each

homeowner should bear the official sticker of
the Association which has a validity of one (1)
year. The sticker shall be made available at a
price stipulated by the Association. The
drivers of vehicles which do not bear the
sticker of the Association must leave their
Driver's License at the gate at Cypress Street
and obtain a Gate Pass before they would be
allowed to enter the neighborhood. Those
who refused to leave their Driver's License
shall be refused entry into the neighborhood.
The Association will only issue stickers to
homeowners. Delivery trucks shall be
assessed an entry fee that is collected at the
gate when entering the neighborhood in the
amount stipulated by the Association.

5.02.c. Speed Limit – The Association

imposes a 30 kph speed limit within the roads
of the neighborhood.

5.02.d. Noise – Vehicles with noisy mufflers

or stereo systems shall be refused entry into
the subdivision.

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5.02.e. Delivery Vehicles – Delivery vehicles
are allowed to unload only between 8:00 a.m.
until 5:00 p.m. The drivers must park their
vehicles properly and must not impede traffic
within the neighborhood and see to it that the
noise of unloading is kept to a minimum.
Delivery vehicles are allowed only for a
maximum of 4 hours within which to unload
their cargo.

5.02.f. Humps – A homeowner who wishes

to put a hump in front of his lot or house
must first obtain approval from the
Association.

5.02.g. Road Parking – The Association shall

designate places in the roads or vacant lots
as overnight parking areas. A vehicle may be
parked at any side of the roads provided that
it does not impede traffic within the
neighborhood and the entry or exit of
another homeowner from his garage. A
homeowner cannot conduct major vehicle
repairs and repainting inside his property. He
cannot utilize his lot as a garage for taxis,
jeepney or buses. Neither can a lot be used to
store vehicles and equipment used for
construction.

5.02.h. Repairs – Repair or maintenance of

vehicles are not allowed in the roads except
in cases of emergency and the work to be
done shall not exceed 1 hour. Changing

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 vehicle oil or any automotive fluid is prohibited
on the roads of the neighborhood.

5.02.i. Immobile Vehicles – Wrecked or

immobile vehicles should not be left on the
roads of the neighborhood for the posed a
safety and health hazard. The association
shall have the right to cause the removal of a
vehicle that remains unattended or parked for
48 consecutive hours on the roads of the
neighborhood at the homeowner's expense.

5.02.j. Gambling and Drinking – No one is

allowed to drink liquor or gamble on the
roads of the neighborhood.

5.03. Pets – The following restrictions shall apply in the

care and maintenance of pets within the
neighborhood:

5.03.a. Leash – All pets must be properly

leashed when they are out of the
homeowner's house and should not be
allowed to freely roam the roads of the
neighborhood. If any animal is found
unattended and out of the house, such
animal may be caught by the Association and
surrendered to the barangay authorities for
proper disposition. If the animal causes any
injury to a homeowner, guest, employee, or
househelp or damage any property, the
owner of the animal shall immediately
remove it from the neighborhood, answer for

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the medical expenses of the person injured
and pay for the damages it caused,

5.03.b. Number – A homeowner is only

allowed to keep a reasonable number of pets
within his home. The breeding or
maintenance of pets for commercial for
purposes is not allowed in the neighborhood.

5.03.c. Feces – A homeowner must not allow

his pet, especially dogs, to defecate on the
road, sidewalk, on vacant lots, or on another
homeowner's property. When walking their
pets, a homeowner is obliged to immediately
remove its waste. An animal is not allowed
to be tethered on sidewalks or areas intended
to be sidewalks.

5.03.d. Cleanliness – A homeowner must

ensure that the cage or pen of his pet is
always clean to assure that foul odor would
not emanate from it and so that flies and
other insects would not be attracted thereto.
The Association may ask a homeowner to
remove his pet if he fails to maintain its living
quarters in a clean and sanitary condition

5.03.e. Rabies Shots – All dogs and cats

kept within the neighborhood as pets should
be given anti-rabies shots.

5.03.f. Removal of Pets – The Association

has the right to ask for the removal of or to

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 prohibit any animal from being kept within
the neighborhood it is determined that the
animal is dangerous or causes a nuisance to
other homeowners.

5.04. Trash and Garbage – The following rules shall be

observed in the disposal of trash and garbage within
the neighborhood.

5.04.a. Kept in Containers – All garbage or

trash shall be kept in closed and sanitary
container at all times. This is to ensure that
they would not scatter and so that foul odor
would not emanate from them. Plastic bags
may be used to hold the garbage provided
that they are securely tied.

5.04.b.Segregation – Biodegradable garbage

or trash must be segregated from the non-
biodegradable ones and must be kept in
separate containers.

5.04.c. Time to Bring out Trash or Garbage –

The containers where the trash or garbage
are being kept shall only be brought out at
8:00 a.m. on the day that they are scheduled
to be collected. After the garbage or trash is
collected, the containers must immediately
be brought into the house of the
homeowner. Trash and garbage shall not be
allowed to accumulate on the road or
sidewalk. No trash, garbage, rubbish, or

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 debris shall be deposited or set out on vacant
lots.
5.05. Construction and Repairs – The following rules
shall be observed in the construction and repair of
houses within the neighborhood:

5.05.a. Inform Immediate Neighbors – A

homeowner who will undertake the
construction or repair a house shall inform
his immediate neighbors and the Association
of his intent to do so slating the specific time
when the works are to start.

5.05.b. Permits – The necessary permits from

the proper government bodies shall be
obtained by the homeowner and should be
displayed in front of the property.

5.05.c. Construction Workers – All workers

that would undertake the construction repair
of a house shall be registered with the
association. They would be issued
identification cards and must strictly obey the
rules and regulations of the Association.
Any worker violating the rules and
regulations of the Association shall be asked
to leave the neighborhood and will be
prevented from entering it.

5.05.d. Loitering and Imbibing Alcohol –

Construction workers are not allowed to
loiter in the neighborhood before and after
finishing their work. The Association shall not

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allow entry to construction workers who reek
of alcohol on all pedestrian gates of the
Association.

5.05.e. Work Period – The construction work

shall only start at 8:00 am and should stop at
5:00 p.m. during weekdays. On weekends,
construction work shall only start at 9:00 a.m.
and immediately stop at 5:00pm.

5.05.f. Construction Materials – All materials

that will be used in the repair or construction
of a house shall be kept within the lot of the
homeowner. Neither can they be kept at an
adjacent vacant lot unless the consent of the
homeowner owning the lot is first obtained.
Materials unloaded on the roads should be
immediately removed.

5.05.g. Temporary Structures – The

homeowner shall first seek the approval of the
Association before a temporary structure
is erected to house the workers or the
materials to be used in the construction or
repair of a house. It is absolutely prohibited to
construct a temporary structure on the roads
or sidewalks within the neighborhood.

5.05 h. Construction Debris – The

homeowner shall dispose the construction
debris on the works being done in his
property. It is absolutely prohibited to put
construction debris on vacant lot, roads, and
sidewalks.

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 5.05.i. Damages – The homeowner shall be
responsible for all damages sustained by any
person or property on account of the work
being done on his house or because of the
acts of the construction workers.

5.05.j. Bond and Other Fees – The

homeowner shall deposit a bond in an amount
fixed by the Board of Directors to the
Association. A reasonable fee shall also be
charged for the identification cards of
construction workers.

VI
Adoption and Effectivity of Rules

6.01. The above Rules and Covenants are adapted and

implemented by the Association beginning January
2010.

6.02. Any rule or covenant may be removed, amended or

added upon presentation of any Homeowner to the
Association of such proposal, and approved by
majority of Homeowners during a meeting called By
the Association for the purpose.

6.03. The absence of a Homeowner during a meeting

called for the approval, amendment or inclusion of a
rule or covenant will signify his ratification or
agreement to such proposal.

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