Delinquent homeowners association members cannot be deprived of their right to use common areas, such as subdivision roads, as homeowners associations' (HOAs) authority to impose sanctions is not absolute, the Supreme Court (SC) has ruled.

In a 14-page decision dated 7 April 2026 and penned by Associate Justice Alfredo Benjamin Caguioa, the SC's Third Division affirmed a ruling of the Court of Appeals (CA), which found that several sanctions imposed by the directors and officers of La Costa Brava Homeowners' Association Inc. (LCBHAI) against homeowners Linley and Juvy Retirado violated Republic Act No. 9904, or the Magna Carta of Homeowners and Homeowners' Associations.

The spouses Retirado are residents of La Costa Brava Subdivision. Records showed that they failed to pay monthly association dues from 2016 to 2021.

As a result, LCBHAI declared them delinquent members and imposed various sanctions, including limiting grass-cutting and maintenance activities within five meters of their property unless requested in writing by adjacent lot owners, and reducing garbage collection services to once every two weeks.

The association also prohibited the delivery of food, packages, construction materials, appliances, gas and similar items to the residences of delinquent members.

In addition, empty taxis, tricycles and Grab vehicles were barred from entering the subdivision to pick up delinquent members from their homes.

Guests of delinquent members were likewise prohibited from entering the subdivision, while delivery trucks and vehicles transporting supplies and construction materials to construction sites were subjected to delivery fees.

The spouses Retirado subsequently filed a complaint before the Human Settlements Adjudication Commission (HSAC) against the homeowners association officers for alleged violations of Republic Act No. 9904.

The HSAC ruled in favor of the spouses, finding that restrictions on the use of subdivision roads were contrary to law. The decision was later affirmed by the Court of Appeals.

The ruling prompted LCBHAI's directors and officers to elevate the case to the Supreme Court.

In upholding the appellate court's decision, the SC said the association's right to impose sanctions is subject to limitations under Sections 7(a) and 22(b) of Republic Act No. 9904.

The Court explained that while a homeowners association may deprive delinquent members of certain basic community services and facilities, it cannot deny them access to common areas such as roads.

The SC cited Section 7(a) of the law, which grants association members two separate rights: the right to avail of and enjoy basic community services and facilities, and the right to use common areas.

According to the Court, the distinction is significant because "basic community services and facilities" refer to services that benefit all homeowners, including security, street maintenance and garbage collection.

By contrast, common areas refer to properties owned, maintained, repaired or administered by the association, including roads.

The Court noted that while Section 22(b) allows sanctions against delinquent homeowners, they retain the full right to use common areas despite nonpayment of dues.

The SC ruled that sanctions such as restrictions on grass-cutting and maintenance services, reduced garbage collection, and limitations on certain services and facilities are permissible under the law.

However, it held that measures restricting access to subdivision roads are prohibited because they interfere with a homeowner's right to use common areas.

"While a homeowners' association is well within its right to sanction its members' delinquency due to nonpayment of dues, the exercise of such right must fall within the framework crafted under Republic Act No. 9904," the Court said.