HOAs cannot bar delinquent homeowners from using subdivision roads, common areas – Supreme Court

Abi Sarabia M., Philippine Canadian Inquirer
September 03, 2026

Photo courtesy: Philippine News Agency

MANILA — Homeowners’ associations may penalize members who fail to pay association dues, but they cannot stop them from using subdivision roads and other common areas, the Supreme Court ruled.

The Court said sanctions against delinquent homeowners are allowed under Republic Act 9904, or the Magna Carta for Homeowners and Homeowners Associations, but such penalties must stay within the limits of the law.

The ruling stemmed from a complaint filed by homeowners Linley and Juvy Retirado against officers of La Costa Brava Homeowners’ Association Inc. after they were sanctioned for allegedly failing to pay monthly dues from 2016 to 2021.

Among the penalties imposed were reduced garbage collection, restrictions on food and construction material deliveries, and a ban on the entry of empty taxis, tricycles and vehicles of guests of delinquent homeowners.

The Human Settlements Adjudication Commission ruled in 2023 that the restrictions were illegal because they interfered with homeowners’ use of and passage through subdivision roads.

It also permanently disqualified the concerned HOA officials from holding office in the association.

The Court of Appeals later upheld the decision, saying homeowners’ associations may impose sanctions for unpaid dues, but such measures must comply with RA 9904.

The Supreme Court affirmed the appellate court’s ruling, stressing that while an HOA may restrict access to certain community services and facilities, it cannot deprive homeowners of their right to use common areas such as roads.