Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Home Owner's Monthly Dues

Go down  Message [Page 1 of 1]

1 Home Owner's Monthly Dues on Fri Mar 16, 2012 3:03 pm

it_wiz


Arresto Menor
Good Day Atty.

I wish to seek some legal advise regarding my problem with our Home Owner's association officials and their methods of harrasment and forcing people to pay.

First, I would like to ask if there is a law that says we are obliged to pay Association Monthly Dues? And if yes, what would be the consequences of not paying it.

Second question. Who's responsibility is it to collect garbage and is it mandatory for us to pay our association dues before our Garbage can be collected?

What if we, by common sense, think that the Association Dues that are being paid are not and somehow being used in ways other than what is due the home owners and tenants like me.

What cases can we file against these officers who resort to harassment to force home owners /tenants to pay. Example if they shout at you and embarass you in front of everyone. and attempt to make physical threats.

And what if our Barangay officials are tolerating this even if it's unjust and irrational bec. these association officers are their "kakilala's" that when you try to complain you will be the one to get scolded?

Hoping you could find the time to respond to these questions.

Thanking you in advance.

View user profile

2 Re: Home Owner's Monthly Dues on Sat Mar 24, 2012 12:25 am

attyLLL


moderator
check the title of your house. does it have an annotation that you are required to be a member of the association? if so, then it is required.

the association can refuse to render services if you are not up to date.

gather proof of this supposed malversation and file a complaint at hlurb.

file complaint of slander and unjust vexation


_________________
[i] Visit our FB Page: FOR MORE LEGAL ADVICE  
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

3 Re: Home Owner's Monthly Dues on Mon Mar 26, 2012 3:14 pm

atty2b


Arresto Menor
hi, pls help....i have unpaid association dues amounting to 200t on a condominium unit worth 2M. I received a notice of lien from the administration office if remain unpaid. I beleive that they will also have the right to do an extra judicial foreclosure because of this.
If i issue 5 pds for the next 5 months to pay this dues in installment, will that be condidered an act of payment and so they will have no right anymore to cause a lien on my title?

View user profile

4 Re: Home Owner's Monthly Dues on Sat Mar 31, 2012 5:49 pm

attyLLL


moderator
is there anything in the by laws, condo association rules that they can file an extra judicial petition for auction sale?

try to bargain to pay only the principal, good luck


_________________
[i] Visit our FB Page: FOR MORE LEGAL ADVICE  
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

5 Re: Home Owner's Monthly Dues on Tue Apr 29, 2014 1:45 am

california west


Arresto Menor
Monthly Dues per sq meter by law

is there a law about this

sample 1st floor house 200 house with 2nd floor 400

i will pay 400pesos because i have at 2nd floor


thanks you very much

View user profile

6 Re: Home Owner's Monthly Dues on Mon Jan 22, 2018 3:36 pm

joelar01


Arresto Menor
Hi,

I'm new here.
I have a question related to the home owner's due that's been delinquent.

We acquired a house and lot for sometime now and have not moved in yet to that house and lot for years now. They have required my wife and I to sign papers during the acquisition but the developer have not discussed clearly about the dues. Here are the questions I have :

1. Are we obliged to pay the dues even though we are not living there at all? No facilties being enjoyed, not even an electric or water facilities have been installed to that house, and even for security wherein they are still holding the keys to the house, no moved in document and papers signed.

2. If we are obliged to pay, is there a max percentage they are allowed to reasonably fine us?

3. Worst case scenario, if we are unable to pay them what they are asking for, what kind of sanctions that they can give us as the result of this.

Thanks in advance.

Joe

View user profile

7 Re: Home Owner's Monthly Dues on Mon Jan 22, 2018 5:44 pm

betchay001


Reclusion Perpetua
Hello po,

1. The Homeowners´monthly fees are payable to the Homeowners´ association, NOT to the developer. Once the HOA knows that the Developer no longer owns the property, then it is up to the homeowner to shoulder the fees even if you are not staying in that house.

2. Fines and penalties must be agreed upon by the majority of the homeowners. It will have to be written down in the guidelines.

3. If you are delinquent in your payments, you may not be issued clearances for moving in, or given construction clearance.

For other sanctions, please check the Deed Restrictions.

View user profile

8 Re: Home Owner's Monthly Dues on Tue Jan 23, 2018 5:41 pm

joelar01


Arresto Menor
Thanks a lot po for the answer and information.
If the subdivision was already turned over to the home owners. Are we still amenable to pay the developer for us to move in in the future? If I'm not mistaken the subdivision is about to be turned over to the owners soon.

View user profile

9 Re: Home Owner's Monthly Dues on Tue Jan 23, 2018 7:36 pm

betchay001


Reclusion Perpetua
If there are move-in fees, then that is to be paid to the developer. The HOA must not interfere with fees payable to the developer. Usually these fees are for the installation of utilities. You'll have to clarify with the developer.

joelar01 wrote:Thanks a lot po for the answer and information.
If the subdivision was already turned over to the home owners. Are we still amenable to pay the developer for us to move in in the future? If I'm not mistaken the subdivision is about to be turned over to the owners soon.

View user profile

10 Re: Home Owner's Monthly Dues on Tue Jan 23, 2018 10:05 pm

attyLLL


moderator
first, is there a deed of restrictions annotated on the title and does this deed require you to be part of the HOA? If so, the dues attach to the property regardless of who owns it, and with due diligence, you could and should have checked this out first.

if you refuse to pay, they can have the debt annotated on the title


_________________
[i] Visit our FB Page: FOR MORE LEGAL ADVICE  
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

Sponsored content


Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum