Homeowners fighting to stop the Department of Human Settlements and Urban Development (DHSUD) from installing an interim board in Morning Mist Village suffered a legal setback after the Human Settlements Adjudication Commission (HSAC) denied their request for a temporary restraining order.
In a July 22 ruling, the HSAC Regional Adjudication Branch X said it has no jurisdiction to suspend DHSUD Region 10's July 13 order directing the convening of a general assembly to appoint an interim board for the Morning Mist Village Homeowners Association Inc. (MMVHOA).
The ruling means DHSUD's order remains in effect unless overturned through the department's own administrative appeal process.
HSAC Chief Regional Adjudicator Rhona B. Albarece said the challenged order was issued by DHSUD in the exercise of its regulatory authority, placing the dispute outside the commission's jurisdiction.
Citing the 2025 DHSUD Citizen's Charter, the commission ruled that challenges to regulatory orders must first be filed with the DHSUD regional office, which will then elevate the case to the Office of the DHSUD Secretary for final action.
Because of this, HSAC declined to rule on the other issues raised by the homeowners' association.
The decision followed a July 21 hearing where both sides defended opposing interpretations of the association's leadership term.
MMVHOA officials argued that a 2022 referendum amended the term of office for directors from one year to two years, making the board elected in August 2024 valid until this year. They also claimed DHSUD's failure to question the amendment for nearly two years amounted to tacit recognition.
DHSUD Region 10, however, maintained that the association's bylaws still provide for a one-year term and that no formal amendment had been approved. The agency said no election was held in 2025, prompting it to order the creation of an interim board.
The homeowners' group may still appeal the ruling within 15 days under the 2021 Revised Implementing Rules and Regulations by filing an appeal memorandum with DHSUD Region 10.
Despite the setback, MMVHOA leaders said they will proceed with their scheduled Aug. 22 village election, insisting the planned July 23 emergency assembly to install an interim board is an unlawful government intervention.
The association warned that allowing an interim board to assume control just weeks before a regular election could create confusion and competing claims of leadership within the subdivision. (Dave Achondo, Editorial Associate)
