PROHIBITED ACTS UNDER THE MAGNA CARTA FOR HOMEOWNERS AND HOMEOWNERS’ ASSOCIATIONS

After reading Prohibited Acts under the Magna Carta for Homeowners and Homeowners’ Association, read also On The Relationship of The Homeowners’ Association with Local Government Units and National Government Agencies

A homeowner cannot be deprived of his right to avail of or enjoy basic community services
Any member in good standing cannot be prevented from participating in association meetings
Any member who has paid the required fees cannot be prevented from exercising the right to inspect association books and records

W hat are the acts that are prohibited under Magna Carta for Homeowners and Homeowners’ association?

The law says:

It shall be prohibited for any person:

To compel a homeowner to join the association, without prejudice to the provisions of the deed of restrictions, its extensions or renewals as approved by the majority vote of the members or as annotated on the title of the property; the contract for the purchase of a lot in the subdivision project; or an award under a Community Mortgage Program project or a similar tenurial arrangement;
To deprive any homeowner of the right to avail of or enjoy basic community services and facilities provided that the dues, charges, and other fees for such services have been duly paid;
To prevent any homeowner who has paid the required fees and charges from reasonably exercising the right to inspect association books and records;
To prevent any member in good standing from participating in association meetings, elections and referenda;
To deny any member due process in the imposition of administrative sanctions;
To exercise rights and powers of a homeowners’ association in violation of the required consultation and approval of the required number of homeowners or members;
To unreasonably fail to provide basic community services and facilities and maintain, repair and replace their residential abode.

Also, any person who, intentionally or by gross negligence, violates any provision of law, rules and regulations, fails to perform duties and functions mandated by law and/or violates the rights of the members, shall be punished with a fine of not less than Five Thousand Pesos (Php5,000.00) but not more than Fifty Thousand Pesos (Php50,000.00) and permanent disqualification from being elected or appointed as member of the board, officer or employee of the association. In addition, said person or violator may also be charged before a regular court for violations of the provisions of the Revised Penal Code, Civil Code and other pertinent laws.

If the violation is committed by the association, the members, officers, directors or trustees of the association who have actually participated in, authorized, or ratified the prohibited act shall be held liable.

If the violation is committed by the employees and agent who acted in gross violation of the provisions of Magna Carta for Homeowners and Homeowners’ Associations, the officers, directors or trustees, or incorporators of the association shall be jointly and severally liable with the offending employees, agents, and the association.

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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