Dear Atty. Nico,

My wife and I have a house in Sunflower Garden Subdivision located in Cainta, Rizal. Admittedly, we have not been able to pay our homeowners’ association due to some misunderstanding with the current officers of the Homeowners’ Association on certain fees indicated in their billing. We were declared delinquent and imposed the following sanctions: 1) reduction of garbage collection to once every three weeks and; 2) disallowance of any form of delivery to our residence.

The homeowners’ association argued that their actions taken were allowed by its by-laws.

Are they allowed by law to implement such sanctions against us? I hope that you favorably respond to my query. Thank you.

Robert

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Dear Robert,

In a very recent decision of the Supreme Court, it was held that while a homeowners’ association has the right to impose sanctions upon members who are declared delinquent in accordance with its by-laws, it may not deprive the latter of their right to use common areas, such as the roads.

In the case of Sabig, et al v. Court of Appeals and Spouses Retirado, the Court recognized that under Section 7(a) of Republic Act 9904 (RA 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 wherein it defined “basic community services and facilities” as those that “redound to the benefit of all homeowners including garbage collection while “common areas” referred to “properties owned or otherwise maintained, repaired, or administered in whole or in part by the association including but not limited to roads.”

An interpretation of Section 22(b) with Section 7(a) of the said law reveals a limitation: while a homeowners’ association may deprive the delinquent association members of their right to avail of or enjoy basic community services and facilities, it may not deprive the members of their right to use common areas, such as the roads.

In applying the above-mentioned case law to your question, your homeowners’ association was right to implement the reduction of your garbage collection as such sanction is allowed. However, it erred in imposing the ban of any form of delivery to your residence as the same law did not give it authority to take such action.

Atty. Nico Antonio