Homeowners Association officials uses Data Privacy Act as excuse to inconvenience homeowners wanting to inspect HOA books and documentation

Wazzup Pilipinas!?

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."

Project LODI: boosting DOST’s digital transformation while giving solid IT internship for science scholars

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DOST scholars gear up to become the next lodis of information technology (IT).


Through the project League of Developers Initiative (LODI), an undertaking of two Department of Science and Technology (DOST) offices: the Science Education Institute (DOST-SEI) and the Planning and Evaluation Service (DOST-PES), DOST scholars taking up IT courses can soon avail government internship opportunities.

The Department claims a ‘win-win’ arrangement over this. The internship program vows to provide scholars with exceptional IT internship experience and, at the same time, amplify DOST’s digital transformation efforts.

The project is slated for long-term implementation and will cover more complex components of the transformation, such as culture and systems education, on top of automation of various DOST data and processes. The development will include programming, testing, copywriting, design, and implementation.

During the memorandum of agreement (MoA) signing held on August 4, 2022, at the DOST Compound in Taguig City, DOST-SEI Director Dr. Josette Biyo expressed excitement for DOST scholars. “It’s an opportunity to provide a challenging environment to further develop the skills of our science scholars and encourage them to join the government workforce,” Dr. Biyo said.

The DOST-SEI spearheads the country’s premier science scholarship programs. It also engages in teacher training programs, innovations in education, and youth science promotion activities. Project LODI is an addition to the Institute’s initiatives to develop scholars’ professional excellence and social responsibility.

Dr. Biyo stated that more and more DOST scholars are involved in worthwhile endeavors. Many have started volunteer work in their communities. “Now, we’ll welcome talented IT students into this DOST-wide project. Our scholars are on the right track, and we couldn’t be any prouder,” she added.

DOST scholars nationwide can participate since this will be a ‘bring your own device’ (BYOD) arrangement on virtual or work-from-home setup. According to DOST-SEI Scholarship Division Chief Peter Gerry Gavina, around 1,000 DOST scholars graduating IT students are expected to join in the project’s pilot run. The DOST-SEI will coordinate with state universities and colleges (SUCs) delivering the DOST scholarship programs to come up with the list of scholars qualified for the internship.

Also present during the MOA signing is DOST-PES Director and IT project manager Cezar Pedraza. He assured that in LODI, “students will have a more solid foundation on programming and an optimal experience for their on-the-job (OJT) training.” Pedraza also hopes to address the challenges encountered by many students in their OJT, such as inadequate and unrelated tasks.

To anchor the project, the DOST-PES Information Technology Division has already developed the Programming Conventions and Standards, an IT Library of components and assets, and the Standard Software Development Life Cycle (SDLC) for the DOST.

Former DOST Secretary Fortunato de la Peña and newly appointed science chief Dr. Renato U. Solidum Jr. gave their full support to LODI, which Sec. de la Peña described as a “scholars’ project and a way of letting people know what the DOST is doing.”

Sec. Solidum, who was instrumental in creating LODI as DOST’s Chief Information Officer, is optimistic that the project will speed up DOST’s digital transformation. “DOST scholars will play key roles in enhancing the Department’s efficiency, promoting transparency, and delivering better services to the people,” he said.

PHOTO CAPTION:

DOST officials are ready to welcome future scholar ‘lodis’. The Department of Science and Technology-Science Education Institute (DOST-SEI) and the DOST Planning and Evaluation Service (DOST-PES) signed a partnership deal for the Project League of Developers Initiative (Project LODI) on August 4, 2022 at the DOST Compound in Taguig City. Project LODI enables the digital transformation of DOST with the help of IT students DOST scholars. In the photo are DOST Secretary Renato U. Solidum Jr., former DOST Secretary Fortunato de la Peña (2nd and 3rd from left, standing), DOST-PES Director Cezar Pedraza, and DOST-SEI Director Josette Biyo (2nd and 3rd from left, seated). Also present during the MoA signing are DOST-SEI Deputy Director Albert Mariño, DOST-SEI Scholarship Division Chief Peter Gerry Gavina, DOST-PES IT Division Chief Rogelio Roasa Jr., and DOST-Science and Technology Information Institute (DOST-STII) Director Richard Burgos. Photo by Gerardo Palad, DOST-STII.   

Sinag Schools program powers up school in Batangas

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SM Foundation (SMFI), the corporate social responsibility arm of the SM group, together with Maxeon Solar Technologies, recently powered up the Lemery Pilot Elementary School (LPES) in Batangas through the Sinag Schools program.

This social good collaboration between SMFI and Maxeon aims to provide clean and renewable energy to schools in grassroot communities by installing solar panels on an SM school building, especially to those that have low operating expenses.

In addition to the solar panel installation which intends to power positive change in the way energy is consumed in public schools, the program also aims to enhance the understanding of students in terms of energy management and the need to transition to cleaner energy alternatives with lower environmental impacts.

“Through this program, we want to power up the learning and development of young people. We want to help teach young people about solar energy, about renewable energy. We want to power up the next generation to help save our planet,” Maxeon Fab4 General Manager Glenn Everett said.

The SM school building at the LPES, which was donated by SMFI in partnership with SM Prime Holdings (SMPH) in 2017, now boasts 21 solar panels—estimated to produce 6510 watt-p. With the savings on electricity, the school may realign their budget to more efforts and other innovations that will give the students an environment more conducive to learning.


It takes a village to raise a child

SMFI executive director Debbie Sy underscored the importance of collective efforts in advancing the learning experience of every student in the country: “We believe that collaboration can drive growth and become a force for good in addressing societal challenges. CSR partnerships can create solutions that improve society by fostering learning, promoting innovation and gaining access to new technologies, such as the Sinag schools program. CSR collaboration can pool resources, both financial and human resources - between multiple organizations which can amplify social good impact.”

“The establishment of an ever-evolving CSR strategy and partnerships will help companies and non-government organizations in developing and implementing crucial social good programs over decades while having procedures in place that integrate social and environmental priorities into CSR core strategy – all in close collaboration with stakeholders,” she further added.

Moreover, Everett mentioned how SMFI and Maxeon share the similar set of values and interest when it comes to helping Filipino learners: “We have this concept of powering positive change in the world. We are happy to be working together with SM Foundation to power up the Lemery Pilot Elementary School.”

“Individually, we can do so much. But together we can do actually more. For us to bring our solar technology and SMFI to bring in their schools, these things are much better together than they would be apart,” he concluded.



Spreading social good all the way

SM Foundation made sure to truly touch the lives of the learners and teachers of LPES as it donated eight desktop computers, 200 bags with school supplies, and more than 160 pcs brand new kinder and elementary books to further promote the love for reading among the students. Clothing items for parents were also distributed.

For more information about this initiative, follow SM Foundation on Facebook, Instagram, Twitter, and YouTube: @SMFoundationInc.

Maxeon is headquartered in Singapore. The company designs, manufactures, and sells Maxeon® and SunPower® brand solar panels. Maxeon has sales operations in more than 100 countries, operating under the SunPower brand in certain countries outside the United States. Maxeon is a leader in solar innovation with products that span the global rooftop and solar power plant markets through a network of more than 1,700 trusted partners and distributors. A pioneer in sustainable solar manufacturing, Maxeon leverages a +35-year history in the solar industry and numerous awards for its technology.

SM Foundation, through its School Building Program, is an active partner of DepEd’s Adopt-a-School program. This social good initiative aims to promote quality public education by building classrooms nationwide. To date, it has turned over more than 100 school buildings to grassroots communities.


PHOTO CAPTIONS:

SMFI 1-2: Through the Sinag Schools program, SMFI and Maxeon installed 21 solar panels— estimated to produce 6510 watt-p—on an SM school building in Batangas.

SMFI 3: SM Supermalls employee volunteers led the distribution of donations from SM Foundation to the students of Lemery Pilot Elementary School.

SMFI 4: SM Foundation and Maxeon Solar Technologies formally held the community launch of the Sinag Schools Program at Lemery Pilot Elementary School in Batangas.