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

Harassment from Homeowner's Officers

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Harassment from Homeowner's Officers on Sat Oct 08, 2011 6:36 am


Arresto Menor
I would like to ask what move or action should my sisters and I do with homeowners officials are pressuring us and doing all means to stop our ongoing house renovation. Our parent is currently abroad and we know that we need to act on these matters.

We have 2 houses located in that village. Right now, we moved to the 2nd house just across the same street as the 1st (original) house is under renovation/ improvisation. The renovation was ongoing despite the fact that we haven't secured a bldg permit yet but we know that we need to do that. The cause of delay for the clearance (that is a requirement for the bldg permit) was due to the officials' impediment also and demands that is unrelated to the 1st house that will undergo renovation.

Their demands pertains to our 2nd house that acquired 2000. They want us to pay the monthly dues in full before they issue us the clearance for the 1st house. According to my parent, there will be a negotiation on the monthly dues before that will be settled.

It is now of severe inconvenience that this people harass us in certain ways:
--> not allowing delivery trucks for the construction materials
--> threatening our construction workers that they will have them locked up if they don't stop the construction.
--> Threatening us by having our water connection disconnected.

I would like to know if they are allowed to do those kind of things knowing that our bldg permit application is still ongoing. We already have a NOTICE directly from the MUNICIAPLITY ENGR himself for the continuation of the construction but with surcharges pending due to violation (in not having it applied earlier).

Can we, I'm speaking for my sisters' behalf, file a criminal case to these people? Also, do they have a right as homeowner's officials decide on having our ongoing renovation stopped? As I can see, the MUNICIPALITY should be the one to question that and decide whether to have it ceased. It is of my thinking that we don't owe these officials any as this is our property.

Thanks very much and looking forward for your response

View user profile

2 Re: Harassment from Homeowner's Officers on Sun Oct 09, 2011 3:19 pm


this is a tough fight you've chosen. HAs have the right to enforce rules within their subdivisions, including opposing construction which do not have a legal building permit.

is it wrong to use this issue to make you pay your dues? for me, not at all. clearances are not always a ministerial act, and i would say the HA has the discretion if they want to issue a clearance.

on the other hand, check your TCT if in the encumbrances it says you are required to be a member of the HA.

[i] Visit our FB Page: BPO Employee 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

View previous topic View next topic Back to top  Message [Page 1 of 1]

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