Homeowner Association Refuse to list us as members in our Community.

Hello To All:

I would like to seek legal advise on my present problem:

We have lived for almost 13 years in a Community called AXXX Heights Settlers Association in KM 10 SXXX Davao City. Our location is at Lot 5 Block 5 AXXXX Heights Village KM. 10 XXXX Davao City.

AXXXX Heights is first a considered illegal squatters but later formed an association named "AXXXXXX Heights Settlers Association Inc.

The property occupied by AXXXXX Heights is formerly own by DUXXXXXN Family but the said property was mortgaged in a bank and foreclosed. Sometime in 2004, The association entered into an agreement with the local City Planning and Development Office to finance the transaction of distributing the title payable for 10 years (until 2014).

We occupied a lot for almost 13 years but the Association refuses to enlist as a member because they are interested on the property we occupied. Most of the officers owned more than 5 to 6 lots of which we know that it is a violation of the implementing rules and guidelines of the Housing Authority. My question is, why cant they just make us a member.? We are having a hard time paying for our property because we have not been listed as member and the City Planning cannot accommodate us because we are not in the list of members? and the end of the term is year 2014 is fast approaching.

Last September 8, 2010, the Association send us a letter offering to us the property for about P350,000.00..., we are shocked! and couldn't accept this price because we all know that our property is only priced at P55,000.00 at the City Planning office. Why is this so high price. Is this a sign of corruption in the Association? Our property is finance by government so it is expected to be in low price that can be afford by the local people or the masses but here they are..


Please give us legal advise to this matter. Please tell us what do to..

Your advise is highly and deeply appreciated.. God Bless and More Power...

Chito XXXXXX

how many many members are there in the property? were you already living there when the association was formed? why weren't you able to join at the very beginning?

Salamat Po Atty. sa inyong response.

Question 1. How many members are there in the property?

Answer: There are about 200+ members po Atty.

Question 2. Where you already living there when the Association was formed?

Answer: The association was formed sometime in 1990. We are not yet there and a part of the batch of first settlers when the association was formed. We arrived in 1997 November, and occupied the lot we are presently living up to this time. The original owners of the lot allowed us to stay and rent the space/house for P500.00 Because the house was not suitable for living, we have it renovated, install electric and water system with drainage. We spend about P128,000.00. With this, the owner and I verbally agreed that for the moment upon assumption we will not pay the P500.00 monthly rental because it will be deducted on the cost of the renovation.

As years goes sometime around 1999 the husband and wife owners of the rights (only)of the property we are living got separated and they both have become in-active for the payment of association dues, both of the were no to be found anymore the wife goes to somewhere else and the husband as this time we dont know. In 2004, the Association, entered into a transaction with the Local City Planning and Development Office finance the mortgaged property from the bank. Due to final listing submitted to the City Planning and Development office, the association decided not to include anymore the original owners of the property in the final list of members due to no where to be found and in-activeness. But we are still occupying the place. What the association did, they transfered it in the name in favor of the Association (under the association name). The association never offered the property to us. Now, after many years, since 2004 they offer it to us with the price we couldn't agree because we all know that our property only costs P55,000.00 at the City Planning Development Office.

Atty. we want to avail the property. We are committed to pay for the cost of the lot but not with the P350,000.00 we want to pay it at the amount of only P55,000.00 because we feel we are entitled to this right because we have been living here for almost 13 years now. the reason why we could only afford to pay for P55,000 because we cannot afford the P350,000. My father is very old now he is already 73 years old. Receiving only P3k as monthly pension from the government. I also have no stable job. We are only two in the family because I am only son and my mother died almost 23 years ago.

Is a chance for us to own this property?

Thank you Atty.

chito, please do not rely exclusively on my input because i cannot claim to be an expert in this.

i believe your remedy is to file a complaint to compel the association to list you down as a member because they should not deny that you were occupying the property when they entered into the agreement. did they send notices to the previous owner?

i believe you should inquire first with the HLURB. your arguments can be based on your rights under applicable laws:

http://hlurb.gov.ph/uploads/laws-issuances/RA%209904_MagnaCartaforHOA.pdf

http://hlurb.gov.ph/uploads/laws-issuances/DRAFT%20IRR%20OF%20RA%209904.pdf