Apr 01, 2024 - 17:19
By manilatimes.net

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.

«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;

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