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Contacts

  • Owner: SNOWLAND s.r.o.
  • Registration certificate 06691200
  • 16200, Na okraji 381/41, Veleslavín, 162 00 Praha 6
  • Czech Republic

Homeowner-lessor's right to use the association's facilities

Dear PAO,

I am a homeowner in an exclusive subdivision. I have been paying the annual dues regularly until 2021, when I eventually decided to lease it out to my friend. The lease period is five years, and annexed to our contract is a document in which I expressly authorize the lessee to be a member of our association, considering that he will be staying there for five years. Last month, I inquired from the homeowners' association management if I could use the subdivision's clubhouse for my son's birthday, but they informed me that I was not entitled to its use because I did not pay the annual fees. Can they do that to me even though I own the property inside the subdivision?

Lucille

Dear Lucille,

Please be informed that Sections 5, 6 and 7 of Republic Act 9904, otherwise known as the «Magna Carta for Homeowners and Homeowners' Associations,» provide that:

«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.

»Section 6. Qualification of a Member. – A homeowner as defined under this Act shall be qualified to be a member of an association: Provided, however, That a lessee, usufructuary, or legal occupant shall have the right of a homeowner as set forth under this Act upon procurement of a written consent or authorization from the owner of the lot or housing unit.

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«Until such consent or authorization is revoked in writing, the owner of the lot or housing unit is deemed to have waived his/her rights enumerated under Section 7 of this Act, except subsection (b) of the same section which can be simultaneously enjoyed by both the owner and the lessee.

»xxx

«Section 7. Rights of a Member. – An association member has full rights:

»(a) to avail of and enjoy all basic community services and the use of common areas and facilities;

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"(b) to inspect association books and records during office hours and to be provided upon request with annual reports, including financial statements;

"© to participate, vote and be eligible for any elective or appointive office of the association subject to the

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