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Imposed Parking Fee in Private Village/Subdivision

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Arresto Menor

Our Home Owners Association(HOA) is imposing parking fee.

We owned a townhouse for more than 34 yrs. with front and back door. We are using the road space in our back door to park our car same as our neighbors. Recently, HOA are asking for parking fee in which they said that they already implemented since 2014. They said we have debts since 2014 because the previous board of trustees were not able to collect or implement appropriately. They presented us computation of how much our debt. Imposing parking fee has been an issue as lots of homeowners did not agree with it.

Here are my questions:
1) Is the road in front of your gate or door is considered Common Area?
2) Are they allowed to impose parking fee without the approval of simple majority of the members/homeowners?
3) Are they allowed to collect fees from previous years in which we never received any notifications or letters?
4) Overall, are they allowed to impose any fees without the approval of simple majority of the members/homeowners?

I used and reviewed Republic Act No. 9904 as reference.

Please advise.

Thank you.

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Reclusion Perpetua
1. Common areas - areas maintained by the HOA.
Who is in charge of the maintenance and cleanliness of your roads? Is it the HOA or the Developer?
2 and 4 - No.
3. Yes. Your responsibility as a homeowner includes the fact that you have to pay fees. And yes, that includes previous years, from 2014 to the present.

I suggest that you go to HLURB re: parking fees after you are updated with the monthly dues.

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