DISPOSITIVE:
ACCORDINGLY, the Petition for Certiorari is DISMISSED. The
Resolutions dated March 15, 2024 and September 3, 2024 of the Court of
Appeals, Eighteenth Division, Cebu City in CA-G.R. SP No. 16524 are
AFFIRMED.
SO ORDERED.
SUBJECTS/DOCTRINES/DIGEST:
RIGHTS AND OBLIGATIONS OF HOMEOWNERS ASSOCIATIONS AND THEIR DELINQUENT MEMBERS
A final note. Republic Act No. 9904 provides a framework for the
rights and obligations of homeowners’ associations and its delinquent,
nonpaying members, to wit:
(1) First, under Section 7(a), 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 such
as the roads;
(2) Second, under Sections 9 and 10(1), a homeowners’ association has
the right to impose sanctions upon members that are declared
delinquent in accordance with its bylaws;
(3) Third, interpreting Section 22(b) in relation to Section 7 (a) reveals
a limitation to the right to sanction of homeowners’ associations:
while they may deprive the delinquent association members of their
right to avail of or enjoy basic community services and facilities,
they may not deprive the latter of their right to use common areas,
such as the roads; and
( 4) Fourth, interpreting Section 22(b) in relation to Section 7(a),
delinquent, nonpaying members retain the full right to use common
areas such as the roads.
While a homeowners’ association is well within its right to sanction its
members’ delinquency due to nonpayment of dues, the exercise of such right
must fall within the framework crafted under Republic Act No. 9904. Here,
petitioners failed to do so.
TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.
NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST TYPE “attybulao and forum shopping”.
J.A.B. Bulao & Associates 