HOAs cannot ban delinquent members from using roads

Homeowners associations (HOAs) cannot deprive delinquent members of their right to use common areas like subdivision roads, the Supreme Court has ruled, noting that an association’s power to penalize residents is not absolute.

In a 14-page decision written by Associate Justice Alfredo Benjamin Caguioa, the high court’s Third Division affirmed a Court of Appeals ruling that found sanctions imposed by the La Costa Brava Homeowners’ Association Inc. against residents Linley and Juvy Retirado violated Republic Act 9904, also known as the Magna Carta of Homeowners and Homeowners’ Associations.

Records showed the Retirados, who live in the La Costa Brava Subdivision, did not pay monthly association dues from 2016 to 2021.

In response, the association’s board of directors declared the couple delinquent and imposed multiple penalties. The board banned food, package, appliance, and construction material deliveries to their home.

It also barred empty taxis, tricycles, and ride-hailing Grab vehicles from entering the subdivision to pick them up, and blocked their guests from entering.

Additionally, the association reduced the couple’s garbage collection to once every two weeks and prohibited grass-cutting or maintenance activities within five meters of their property line.

The Retirados filed a complaint against the association officers with the Human Settlements Adjudication Commission, which ruled in the couple’s favor.

The commission found that restricting access to subdivision roads was illegal. The Court of Appeals later upheld that decision, prompting the association to appeal to the Supreme Court.

The Supreme Court noted that under the Magna Carta law, association members hold two distinct rights: the right to enjoy basic community services and facilities, and the right to use common areas.

According to the ruling, basic community services include security, street cleaning, and garbage collection. Common areas refer to properties maintained or administered by the association, specifically including subdivision roads.