Homeowner's Association

[wakin]

peeps in need your help. my neighbors are planning to formalize our association.here's some background. the village has an existing association. our houses (10 houses) are located outside/within (front) the perimeter wall ng village. isipin nyo na kahelera kami ng guard sa labas and along the barangay road kami. just like yung mga houses outside the white plains area.

napapansin lang kami ng officers pag naniningil na sila ng monthly dues. other than that deaf ears na sila sa mga concern namin thus the need to form our own assocaiton. question is ano ang kailangan namin to form our own homeowners association? do we need to register this? saan?

[_Qwerty_]

pwede ba yun? 2 association sa isang subdivision?

[wildthing]

SEC...pero baka magkaroon ng complication with the first homeowners' when it comes to subdivision issues....why not try to settle muna the original association...go direct to the president and board of directors of the association. Kung 10 kayo na the same ang views (na hindi pinapansin)...I am sure merun silang corresponding action.

Kung wala pa ring mangyayari e di formally "tumiwalag" kayo from the subdivision association...then form your group.

[boybi]

SEC and NHA (National Housing Authority) ang kelangan nyong puntahan. i doubt kung papayagan kayong magform na another home owners association.

[_Qwerty_]

tsaka para magtayo diba nang homeowners.. kailangan 51% ang membership..

[wakin]

SEC...pero baka magkaroon ng complication with the first homeowners' when it comes to subdivision issues....why not try to settle muna the original association...go direct to the president and board of directors of the association. Kung 10 kayo na the same ang views (na hindi pinapansin)...I am sure merun silang corresponding action.

Kung wala pa ring mangyayari e di formally "tumiwalag" kayo from the subdivision association...then form your group.

we already stopped paying our monthly dues. we already settled/talked with the original association, sad to say 2 years na wala parin nangyari. sagot nila sa amin, mas priority daw nila yung nasa loob.

[wakin]

Anyone who has an actual experience on this?

[wakin]

pwede ba yun? 2 association sa isang subdivision?

not sure with this pero plano namin baguhin yung pangalan. i have heard sa ibang subdivision meron silang sariling association per phase. e.g. phase 1, 2..

[Horsepower]

What if ayaw mong sumali sa Homeowners Ass for example kasi mga wala namang silbi? pwede ba yun?

[vice]

yung phases ng subdivision, yung developer ang nag set tapos approve yata ng NHLURB. ang requirement is 1 phase 1 Homeowners assoc yata. I suggest mag meet kayo with the current Homeowners Assoc and your group sa HLURB para maayos yung issues nyo. I doubt if payagan kayo mag tayo ng sariling association.

[wakin]

yung phases ng subdivision, yung developer ang nag set tapos approve yata ng NHLURB. ang requirement is 1 phase 1 Homeowners assoc yata. I suggest mag meet kayo with the current Homeowners Assoc and your group sa HLURB para maayos yung issues nyo. I doubt if payagan kayo mag tayo ng sariling association.

i have just talked with HLURB. sabi nga nila, hindi pwedeng magkaroon ng dalawang association. isa sa requirements nila para pa approve yung association is provide a vicinity map of the subdivision. ang problema kasama kami doon.

sabi din ng hlurb, magusap muna daw kami with the existing association. for two years na po naming ginagawa yon. puro pangako lang. and to think sabi nila hindi kami priority since konti lang kami doon sa area namin. kaso nga yung mga priority list din nila eh puro problema din. supposedly me election daw. bigla na lang natapos na daw at board members lang ang nag elect sa sarili nila. same tao pa rin ang nakaupo!

if we have to file a complaint sa hlurb, kailangan pa namin ng lawyer and syempre oras namin.

for the past 6 months marami na kaming improvements na nagawa namin sa lugar namin without the help ng association. it would be better talaga kung me sarili na kami.

baka me suggestions kayo on our situation.

[mazdamazda]

sa subdivision namin, nakahati by "phase" yung association.

pero kung 10 house lang kayo, I suggest that you have an informal organization instead. medyo kailangan lang dito ng self-discipline among your ranks since 10 na lang naman kayo.

[altec]

what do you get if you pay your dues? What do you lose if you don't pay your dues? Seems that failure to pay your dues for 2 years, you haven't really lost anything: security services, water, maintenance. 2nd, if you don't pay your dues, what can they do to you? Some subdivisions will cut off your water, construction deliveries, etc. In your case, mahirap yata kasi nasa labas yung access ninyo. So why pay?

[_Qwerty_]

tsaka sabi mo nasa labas na kayo nang subdivision?? magulo yata yun..

kung member pa din kayo nang HA.. dapat inusog nila yung fence at guard house para nasa loob kayo nang subdivision..

[1D4LV]

we are in the same scenario bro...

sa amin, i stopped paying our association dues for two years already dahil:

a) we have already heard news that the fees are only pocketed by the officers themselves. in fact, one time, i played basketball with some of them and na-witness ko and heard them talking about that.

b) they don't issue official receipts when you pay your dues. only some printed acknowledgement receipts lang.

c) they don't release annual financial statements reporting to the residents kung saan napupunta ang dues na binabayad namin.

d) sa water, independent kami dahil provided ng developer. may sariling tank yung subdivision namin.

e) garbage is being collected by the city government.

f) security is non-existent... daming nakawan, property defacements, etc. security guards are only posted on the gates... walang roving guards at night.

g) roads are also maintained by the city government (las pinas friendship routes...) yung mga hindi nadadaanan ng friendship routes, windang-windang ang kalsada.

mga three months ago. they sent me an invoice charging me for the two years unpaid dues.... ang laki.... inabot na ata ng 12,000 pesos.... still i am not budging, until the association has complied with items b and c, above. i am also asking them to provide an official receipt with a valid TIN number stated on the OR... wala pa din.

pero the past few weeks, my wife and i are planning to sell our house to move in to a bigger and better place (lumalaki na anak ko, kailangan na nya ng bigger space...). i think this will be a problem dahil kailangan kong bayaran yung overdues ko.....

[wakin]

what do you get if you pay your dues? What do you lose if you don't pay your dues? Seems that failure to pay your dues for 2 years, you haven't really lost anything: security services, water, maintenance. 2nd, if you don't pay your dues, what can they do to you? Some subdivisions will cut off your water, construction deliveries, etc. In your case, mahirap yata kasi nasa labas yung access ninyo. So why pay?

we have more to lose in paying.
security -> walang kwenta. pinapapasok maski walang ID. dami nakawan. walang na roronda sa area namin. we set a system na lang. meron whistle every homeowners. when they are in emergency need they just whitsle so lahat kami lalabas to check.
water -> deep well sya operated by the developer. this year papasukin na kami ng manila waters.
maitenance -> we clean our surroundings. meron na kaming mini garden/landscaping. garbage disposal we pay 7 pesos every week per homeowner.
ang problema lang yung street lighting. iisa lang ang street light namin. nasa gitna sya ng 10 houses. di kami makapag apply sa meralco. dapat daw ang association ang mag apply non. na request na kami sa office of the mayor and endorse to city engineer para sila magpondo sa street ligting namin.

tsaka sabi mo nasa labas na kayo nang subdivision?? magulo yata yun..

kung member pa din kayo nang HA.. dapat inusog nila yung fence at guard house para nasa loob kayo nang subdivision..

di na kami member dahil we dont pay nga. pag inusog nila yung fence, di kami makakalabas sa sarili naming bahay. yung bahay namin act as a fence sa subdivision.

sa subdivision namin, nakahati by "phase" yung association.

pero kung 10 house lang kayo, I suggest that you have an informal organization instead. medyo kailangan lang dito ng self-discipline among your ranks since 10 na lang naman kayo.

meron na kaming informal organization. ako po ang president this sunday lang nabuo. since 6 months na kami nakalipat dito, marami na akong nagawa para sa amin. like improvements ng drainage, cutting of trees na naka balandra sa meralco wiring, landscape, enhancement sa security, and some small things. so now mas marami na kaming magagawa since magkakaroon na kami ng pondo namin. yung previous project namin mention above puro sponsor based lang yan.

[wakin]

we are in the same scenario bro...

sa amin, i stopped paying our association dues for two years already dahil:

a) we have already heard news that the fees are only pocketed by the officers themselves. in fact, one time, i played basketball with some of them and na-witness ko and heard them talking about that.

b) they don't issue official receipts when you pay your dues. only some printed acknowledgement receipts lang.

c) they don't release annual financial statements reporting to the residents kung saan napupunta ang dues na binabayad namin.

d) sa water, independent kami dahil provided ng developer. may sariling tank yung subdivision namin.

e) garbage is being collected by the city government.

f) security is non-existent... daming nakawan, property defacements, etc. security guards are only posted on the gates... walang roving guards at night.

g) roads are also maintained by the city government (las pinas friendship routes...) yung mga hindi nadadaanan ng friendship routes, windang-windang ang kalsada.

mga three months ago. they sent me an invoice charging me for the two years unpaid dues.... ang laki.... inabot na ata ng 12,000 pesos.... still i am not budging, until the association has complied with items b and c, above. i am also asking them to provide an official receipt with a valid TIN number stated on the OR... wala pa din.

pero the past few weeks, my wife and i are planning to sell our house to move in to a bigger and better place (lumalaki na anak ko, kailangan na nya ng bigger space...). i think this will be a problem dahil kailangan kong bayaran yung overdues ko.....

nakupo medyo parehas tayo ng situation. kung meron kang mga kakampi dyan sa subdivision nyo, dapat mag form kayo ng group and question the officers of your association. pag walang nangyari, go to hlurb. look for oswald or leonor tel. 929-5332 for more advice. pag wala parin, you could write and file a law suit to the head ng complaints/hlurb which is atty. joselito melchor. magkakaroon din ng hearing yan. you also would need a lawyer on your part. eto eh kung meron kayong pondo and time to spent. sa part namin, wala kami nyan eh. good luck sa inyo.

btw, news on the officers pocketing the collection? ganyan din sa amin. tawag namin sa mga officers eh mga commisioners. imagine yung vice president yung nag ko collect kasami yung anak nya. walang trabaho yan. o baka pensyonado? pag end of the month asahan mo yan nakatambay sa guard house with burgers and drinks on the side

[leolop]

wakin, sorry to hear about your problem.

you should check your TCT to see the annotation regarding homeowner's association or whatever other document like deed of restrictions when you bought the property. you are a member of the homeowner's association automatically by virtue of these restrictions.

by law, you can not withdraw from the association and i'm afraid you are liable to keep paying the dues. as homeowner you can ask for accounting and to review records. i think admin cases can be filed at the HLURB if there are provable violations.

other possible remedy would be to play the politics within the association through lobbying or trying to get your candidates elected.

[wakin]

wakin, sorry to hear about your problem.

you should check your TCT to see the annotation regarding homeowner's association or whatever other document like deed of restrictions when you bought the property. you are a member of the homeowner's association automatically by virtue of these restrictions.

by law, you can not withdraw from the association and i'm afraid you are liable to keep paying the dues. as homeowner you can ask for accounting and to review records. i think admin cases can be filed at the HLURB if there are provable violations.

other possible remedy would be to play the politics within the association through lobbying or trying to get your candidates elected.

as for restrictions, the vendor which is the developer have all the rights with the creek, adjacent lot, etc.

by law, yes we are liable. but we cannot tolerate what they are doing to us. ang problema nga we dont have funds to lunch a case against them. mas maganda kung yung mga members who have updated payments with the association ang gagawa nito. dahil sila din eh nag rereklamo sa officers.

kakausapin namin yung ibang members na mag launch sila ng complaints. as for us to try our own candidates to be elected, malabo yan. nagkaroon na raw ng election without everyone being informed and the same set of officer ang nakaupo pa rin

[1D4LV]

i would agree with leolop's opinions.... we are binded to the main association because it is embedded with the contract.

and yes, there has to be numbers in launching the complaint or else, everything will be left to waste.

to my previous post.... i am resigned to the fact that i have to pay my overdues when i leave the place. its how everything goes....

and my wish, is that when i find a new place, the HA is ok. hindi graft-ridden. konti ang nakikinabang madami ang nagdudusa. and come to think of it, those guys at our HA are not politicians...what more if they are...