Dear PAO, I recently purchased a property inside a gated subdivision in Quezon City. When I was about to move in, I was approached by the homeowner’s association (HOA) representative, who informed me that I should pay a membership fee of P10,000 and monthly association dues of P1,500. Is it mandatory to become a member of the HOA? If I refuse the membership and payment of association dues, what are the possible consequences? Cha-cha
Dear Cha-cha, The answer to your query can be found under Republic Act 9904 (RA 9904), also known as the “Magna Carta for Homeowners and Homeowners’ Associations,” including its implementing rules and regulations, to wit: “Section 9. Nature of membership. Membership in the association is voluntary unless — “a. Automatic or compulsory membership is provided in the contract to sell, deed of sale, other instruments of conveyance, and/or deed of restrictions annotated on the title of the property, or attached to the aforementioned documents; or “b. Membership in the association is a requirement for an award under the CMP, LTAP, or government housing and/or resettlement programs or projects.” Similarly, the Supreme Court pronounced in its ruling in Artoo P. Garin v. City of Muntinlupa, et al. [GR 216492, Jan. 20, 2021, Ponente: Senior Associate Justice Mario Victor Leonen], that membership in a homeowners’ association (HOA) is voluntary and cannot be unilaterally forced upon a homeowner as a general rule, in this wise: “Republic Act No. 9904, or the Magna Carta for Homeowners and Homeowners’ Associations, prohibits any person from compelling a homeowner to join the association unless it is made a condition precedent in “the title of the property; the contract for the purchase of a lot in the subdivision project; or an award under a CMP project or a similar tenurial arrangement[.]” Under Section 9 of its Implementing Rules and Regulations, membership is optional “[u]nless otherwise provided in the Contract to Sell, Deed of Sale, or other instruments of conveyance, or annotated in the title of the property[.]” Hence, based on the foregoing, membership to a HOA is optional unless otherwise expressly provided under the certificate of title, any deeds of conveyance, or any evidence of property ownership, in which case, compulsory membership shall apply.
Notwithstanding, although membership in a HOA is voluntary, a homeowner cannot refuse to pay for the use of the basic community services and facilities that accrue to his/her benefit. Section 5 of RA 9904 provides: “SECTION 5. Rights and Duties of Every Homeowner. -Every homeowner has the right to enjoy the basic community services and facilities: Provided, that he/she pays the necessary fees and other pertinent charges.” In this regard, Section 66 of the implementing rules and regulations of RA 9904 outlined the rights and powers of the HOA to levy fees and collect charges for the use of basic services, open spaces and facilities, as well as suspend privileges and/or impose sanctions for any violations of HOA rules and regulations, to wit: “Section 66. Rights and powers of the association. An association duly registered in accordance with this Rules shall have the following rights and powers: xxx “(i) Impose or collect reasonable fees for the use of open spaces, facilities, and services of the association to defray necessary operational expenses, subject to the limitations and conditions imposed under the law, regulations and the association’s Bylaws; “xxx “(l) Suspend privileges of and delivery of services to and/or impose sanctions against its members for violations and/or noncompliance with the association’s Bylaws, policies, rules and regulations;” Therefore, should you refuse to pay the necessary association dues; then, you may neither enjoy the use of the association’s facilities and common spaces nor avail of its services.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net