Curtailed Right of Way in your own Subdivision / Village

[gongrhey]

hindi talaga nawawala yung mga twisted minds bumili pa ng property sa subdivision ayaw namang pasakop sa bylaws ng homeowners association. ang gagawin patigasan na lang ng mukha.

ito yung link para sa full details ng RA 9904:

http://www.senate.gov.ph/republic_acts/ra%209904.pdf

IMO, yung ayaw mag member sa association (which is pwede ayon sa batas) wag nila i-expect na makakakuha sila ng magandang serbisyo kagaya ng ibinibigay na serbisyo sa isang member ng association kagaya ng mga naipost na dito.

[niky]

Denial of services means that if your association has a single deep well and is not provided by Manila Water, you can cut that service.

You can also deny security service... in other words, the guards are not required to respond to requests for assistance. And the use of the clubhouse and etcetera.

But the law cannot over-ride the right-of-way law, which takes precedence... not unless it specifically over-rides that law.

By forcing a homeowner... no... wait... that's not accurate... by forcing a landowner to leave his ID just to have access to his land, you are curtailing his right-of-way, and he can successfully take the case to court. (We used to own land that was surrounded by a subdivision... didn't take it to court... we simply sold the land... but in the time we were negotiating, we were not denied access to our own land...)

So... shut off their water, shut off the streetlights in front of their houses... but you can't keep them out of their own houses. That's a no-no.

[sgt_taga]

grabe naman ang dilemma na 'to. di naman pala mahal ang sticker eh ayaw pang sumunod. tama yung mga ibang posters. and batas ay di nagbabawal sa yo na puntahan ang pag-aari mo. PERO kung gusto mong manatili ang kaayusan sa pag-aari mo, DAPAT matuto ka naman sumunod sa mga pinatutupad na regulasyon ng subdivision. wala naman namilit siguro sa yo na bumili ng bahay dun sa loob ng subdivision na yon. malamang sa ang dahilan kung bakit mo ginusto bumili o tumira dun sa loob ng subdivision eh dahil sa kaayusan o sistema ng pamamalakad dun. kung kaya nararapat lamang na sumunod ka rin sa mga local regulations ng village property management/home owners assoc para manatili ang ginusto mo.

(btw, when i say "mo", no ofense meant sa TS. just using it as a general pronoun for those who qualify in such predicament.) *peace*

[vinj]

Denial of services means that if your association has a single deep well and is not provided by Manila Water, you can cut that service.

You can also deny security service... in other words, the guards are not required to respond to requests for assistance. And the use of the clubhouse and etcetera.

But the law cannot over-ride the right-of-way law, which takes precedence... not unless it specifically over-rides that law.

By forcing a homeowner... no... wait... that's not accurate... by forcing a landowner to leave his ID just to have access to his land, you are curtailing his right-of-way, and he can successfully take the case to court. (We used to own land that was surrounded by a subdivision... didn't take it to court... we simply sold the land... but in the time we were negotiating, we were not denied access to our own land...)

So... shut off their water, shut off the streetlights in front of their houses... but you can't keep them out of their own houses. That's a no-no.

I'd lean towards this as well as this is how our Subd. deals with delinquents. Services are denied and they may not be issued a sticker but they can access their property provided they pass through the no-sticker lane (no need to leave ID once you're identified as the homeowner/resident).

We had a wacko (ex-general) resident who refused to pay his association dues on the basis that he has been in the subdivision prior to the association being formed. He rammed his car through the Subd. gate and blocks one time. He likewise seems to be one of those headache residents who doesn't follow the rules and his house is quite an eyesore with its trash and old cars lying around inside and out.