DOJ: HSAC cannot tap LGUs as sheriffs for homeowners' association polls

The Department of Justice (DOJ) on Wednesday said the Human Settlements Adjudication Commission (HSAC) has no authority to assign local government units (LGUs) to act as “special sheriffs” in homeowners’ association (HOA) elections.

In a statement, the DOJ said it issued the legal opinion in response to a query on whether HSAC could designate LGUs through orders or writs.

Citing the Department of Human Settlements and Urban Development (DHSUD) Act and its implementing rules, the DOJ explained that the DHSUD—not HSAC—has the power to call, conduct, supervise, and monitor HOA elections.

The DOJ said allowing HSAC to deputize LGUs would go beyond its mandate, violate local autonomy, and go against administrative law.

“LGUs are political subdivisions created under the Constitution and the Local Government Code. They have their own powers and operate independently within their jurisdictions,” the DOJ said.

The department added that the ruling clarifies the roles of the agencies involved.

“HSAC handles dispute resolution and enforcement, while DHSUD oversees HOA elections to ensure a lawful and orderly process,” it said.—MCG, GMA News