Delinquents

Dear Atty. Angela,

We live in a private subdivision for more than three years now and we are unhappy with the poor services of the Homeowners’ Association where we believe there is also corruption happening. For this reason, we decided not to pay the monthly association dues. We were eventually declared as delinquent members and they imposed adverse sanctions which severely harass us. We are not allowed to perform grass-cutting or maintenance within five meters of our property, they also banned delivery of food and packages to our home, prohibited our guests from entering the subdivision, and the collection of trash was reduced to once every two weeks. Can we file a case against the Homeowners Association?

Elmer

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Dear Elmer,

Yes, you may file a Complaint with the Human Settlements Adjudication Commission for violation of Republic Act 9904, or the Magna Carta of Homeowners and Homeowners’ Association.

In the case of Directors and Officers of La Costa Brava Homeowners’ Association Inc. v. CA and Spouses Retirado, G.R. No.278137 (2026), the Supreme Court ruled that a homeowners’ association cannot deprive the delinquent association members of their right to avail of or enjoy the use of common areas, such as roads, noting that its power to impose sanctions is not absolute.

It cited Section 7(a) of Republic Act No. 9904, which provides that association members have two separate “full rights”: (1) the right to avail of and enjoy basic community services and facilities; and (2) the right to use common areas.

It was emphasized that “basic community services and facilities” refer to those that redound to the benefit of all homeowners. This includes the “security, maintenance, repairs, and cleaning of streets, and garbage collection or disposal.” Meanwhile, common areas refer to property owned or otherwise maintained, repaired, or administered in whole or in part by the association, including, but not limited to, roads.

The SC underscored that a homeowner member, once declared delinquent for nonpayment of dues, still retains the “full right” to use common areas such as the roads.

The Court held that there are sanctions imposed which are permitted like the prohibition on grass-cutting or maintenance within five meters of the property and the reduction of garbage collection services. However, the sanction to restrict the right to use subdivision roads, which form part of the common areas, is clearly not allowed.

Atty. Angela Antonio