While a homeowners association may deprive delinquent association members of their right to avail of or enjoy basic community services and facilities, it may not deprive them of their right to use common areas, such as roads.
Here is a common occurrence in subdivisions. Invariably, there are some homeowners who, for one reason or another, do not pay their association dues. The nonpayment is obviously met with sanctions by the homeowners association.
In this particular case, the homeowner spouses did not pay their association dues for a number of years. Several sanctions were imposed on them. These included a reduction in the frequency of garbage collection from their home and the discontinuance of common grass-cutting and maintenance within five meters of their residence.
In addition, the following were prohibited: the delivery of food, gas, appliances, and the like to their residence; the entry of empty public carriers to fetch them from their residence; and the entry of their guests. The subdivision also imposed fees on trucks delivering construction materials to them.
This prompted the spouses to question the sanctions before the Human Settlements Adjudication Commission. The HSAC Special Adjudicator ruled in their favor. The ruling was affirmed by the Commission en banc on appeal.
The petitioners — the directors and officers of the homeowners association — elevated the matter to the Supreme Court after the Court of Appeals dismissed their petition on a technicality.
The Supreme Court said:
“First, under Section 7(a) of Republic Act 9904, 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. The separation of these rights is apparent in Section 3, which separately defines ‘basic community services and facilities’ and ‘common areas.’
“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 and disposal.’ ‘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.’
“Second, under Sections 9 and 10(1) of Republic Act 9904, a homeowners association has the right to impose sanctions on members declared delinquent in accordance with its bylaws.
“Third, the right to impose sanctions is not absolute. An interpretation of Section 22(b), in relation to Section 7(a) of Republic Act 9904, reveals a limitation on this right to impose sanctions: While a homeowners association may deprive delinquent association members of their right to avail of or enjoy basic community services and facilities, it may not deprive them of their right to use common areas, such as roads.”
(To be continued)
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