Delinquent member in a homeowner’s association

Dear PAO,

I am the homeowner of a house and lot in a subdivision located in the province. But since I am working in Metro Manila, I only go home there every weekend. Unfortunately, last week when I went home, I was informed by one of the officers of the homeowner’s association that my wife failed to follow some rules in our association. They told me that she refused to buy a car sticker for her car, and she always argues with the guards when they refuse to allow her in. I was also informed that she always parks her car on the road, effectively blocking it. Likewise, she failed to inform me that there were several notices of meetings from our homeowner’s association; thus, I failed to attend all of them. Accordingly, the said officer told me that because of these reasons, the association has a reason to declare us as delinquent members even if we are regularly paying the monthly dues. Is the officer correct in saying this?

Rico

Dear Rico,

Please be informed of Sections 16 (b) and (d) of the 2021 Revised Implementing Rules and Regulations of Republic Act 9904, otherwise known as “The Magna Carta for Homeowners and Homeowners Associations,” which state:

“Section 16. Delinquent Member or Member Not in Good Standing. Unless otherwise provided in the bylaws, a member may be declared delinquent or not in good standing by the Board of Directors on any of the following grounds:

“a. Failure to pay at least three (3) cumulative monthly dues or membership fees, and/or other charges and/or assessments despite repeated demands by the association;

“b. Finding of repeated violation of and non-compliance with, including but not limited to, final orders and directives, pertinent laws, rules and regulations and policies issued by duly constituted authorities, and the association’s bylaws, policies or rules and regulations;

“c. xxx;

“d. Failure to attend membership meetings in person or by proxy without any justifiable reason for at least three (3) consecutive general membership meetings despite receipt of notice; and

“e. xxx.

“A member who has been declared delinquent or not in good standing in accordance with the procedure in the succeeding Section is not entitled to exercise the rights of a member, but is nevertheless obliged to pay all fees and dues assessed a member in good standing.” (Emphasis supplied)

Based on the above-stated, a member of a homeowner’s association may be declared as a “delinquent member” or “member not in good standing” if there is a finding of repeated violation of and non-compliance with the rules and regulations, and policies issued by duly constituted authorities, and the association’s bylaws.

The said member may also be declared a delinquent member if he or she fails to attend membership meetings, either in person or by proxy, without any justifiable reason, for at least three consecutive general membership meetings, despite receipt of notice.

In other words, the officer of your homeowner’s association is correct. You may be declared as a delinquent member, or a member not in good standing, if you or your household repeatedly violated the rules and regulations, and policies of your homeowner’s association.

Likewise, you may also be declared as a delinquent member if you fail to attend at least three consecutive membership meetings, despite receipt of notice for the same. This is notwithstanding the fact that you are regularly paying your monthly association dues. Repeated violation of rules and deliberate non-attendance at meetings without just reason are separate and independent grounds to declare a member as delinquent.

We hope that we were able to answer your queries. Please be reminded that this advice is 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 on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]