HOA dues

Dear Atty. Kathy,

We live in a gated subdivision. My parents have not been paying the association dues for a couple of months now because their complaint on the weak security of the subdivision, which allowed theft in our home, is still not addressed. Because of this, our household has been tagged as delinquent members and the homeowners’ association (HOA) prevented the following: Deliveries to our house, our visitors from entering the subdivision, and public transportation from entering the subdivision to pick us up. Are these valid penalties? We intend to file a complaint about these penalties.

Scout

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Dear Scout,

Republic Act 9904 (RA 9904), the Magna Carta for Homeowners and Homeowners’ Associations, provides that members have the right to use common areas, which is defined as property owned or otherwise maintained, repaired or administered in whole or in part by the association including, but not limited to, roads.

RA 9904 also provides that the homeowners’ association has the right to impose sanctions upon members that are declared delinquent in accordance with its bylaws. This right, however is not absolute. While a homeowners’ association may deprive the delinquent association members of their right to avail of or enjoy basic community services and facilities (which refer to those that redound to the benefit of all homeowners, including security, maintenance, repairs and cleaning of streets, and garbage collection and disposal), it may not deprive the members of their right to use common areas, such as the roads. Thus, even if a member is declared delinquent for nonpayment of dues, the member still retains the full right to use common areas such as the roads.

Based solely on your narration and subject to the facts being established by competent evidence, it appears that the homeowners’ association may have exceeded the sanctions permitted under RA 9904 when it prevented deliveries to your house, visitors from entering the subdivision, and public transportation from entering the subdivision to pick you up. Since these measures effectively impede your access to and use of the subdivision roads, which form part of the common areas that homeowners are entitled to use, the imposition of such restrictions may constitute a violation of your rights under the law and may therefore serve as a valid basis for the filing of a complaint against the homeowners’ association.

(Reuben Mikhail P. Sabig, et al. vs Court of Appeals, et al., G.R. No. 278137, 7 April 2026)

Atty. Kathy Larios