Dear PAO,

THE OFfiCERS OF THE HOMEOWNER’S association in our subdivision decided to put another basketball court in the common area of our subdivision. Do they have the right to decide on this without even consulting us, the homeowners?

Janelle

Dear Janelle,

Please be informed of Section 49, Rule 9, Implementing Rules and Regulations (IRR) of Republic Act 9904, otherwise known as “The Magna Carta for Homeowners and Homeowner’s Associations,” which states that:

“Section 49. Rights and Powers of the Association. – An association shall have the following rights and powers:

“(a) Subject to consultation and with the approval of a simple majority of the members, adopt and amend the articles of incorporation and bylaws, rules and regulations, pursuant to existing laws and regulations;

“(b) In behalf of its members, institute, defend, or intervene in litigation and/or administrative proceedings affecting the welfare of the association and the subdivision/village as a whole, excluding, however, disputes that are not the responsibility of the association;

“(c) Regulate the use, maintenance, repair, replacement and modification of common areas and cause additional improvements to be made part of the common areas: Provided, that the aforementioned do not contradict the provisions of the approved subdivision plan;” (Emphasis supplied)

Based on the above-mentioned law, a homeowner’s association, on its own and without further consultation with the members of the association, has the right and power to cause additional improvements in the common areas of the subdivision. The only limitation to the same is that such improvements should not contradict the provisions of the approved subdivision plan.

Accordingly, the homeowner’s association in your subdivision can decide to put up another basketball court in the common area of your subdivision, as long as such plan does not contradict the provisions of your approved subdivision plan. If, however, their plan contradicts the approved subdivision plan, then the officers of your homeowner’s association must first secure the approval of the members before they push through with their plan to put up another basketball court in the common area of your subdivision.

We hope that we were able to answer your queries. AThis advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.