Curtailed Right of Way in your own Subdivision / Village

[rollyms]

Maraming salamat sa mga replies ninyo. Naging option din iyong self service ang boom gate but was not considered in the final solution.

Tried to search also a similar topic but was not able to find in the latest posts. Baka medyo matagal na ito. Sorry about it.

Pero pwede bang di mag bigay ng ID ang homeowner and insist on his right of way? I think may mga nagbabalak na i-ram ang boom. Yes, may mga cool headed groups din dito that is trying to patch things ups. I hope madaan sa magandang usapan ng mga magkakapit-bahay.

Again, salamat sa inyong mga replies.

[niky]

The guards can ask you to show ID as proof that you live there, but they can't force you to leave an ID for access to your own home.

You can tell him... "sige... kunin mo... ibalik mo sa akin pag pasok ko na sa bahay ko..."

Yes, it's not nice when a neighbor refuses to contribute to the shared security and upkeep of the village, but you can't remove their right of way.

[gongrhey]

I remember nabasa ko sa isang article sa inquirer.net na merong bagong enacted na law yung Republic Act No. 99041 "Magna Carta for Homeowner's and Homeowner's Association" nandun yung rights ng homeowner at home owner's association.

From www.senate.gov.ph para sa topic:

The rights and powers of the association are provided for, such as:
"- regulate access to, or passage through the subdivision/village roads for purposes of preserving privacy, tranquility, internal security, safety and traffic order;

- suspend privileges of and services to and/or impose sanctions upon its members for violations and/or noncompliance with the association's bylaws, rules and regulations," among others.

[Sniper Wolf]

May batas pala. Kaso, ang problema, ibang homeowners do not join or even adhere to the rules that the association is implementing. Or worst, claiming that they didn't join any association which makes them exempted. (not sure kung automatic member ka once you own a house-and-lot inside the village)

Anyway, I believe they have the right of way. Pero it's unfair that they get to enjoy the services that the association is paying (security guards etc). Dapat share-share ;) Lahat naman nakikinabang.

[Mguy]

The rights and powers of the association are provided for, such as:
"- regulate access to, or passage through the subdivision/village roads for purposes of preserving privacy, tranquility, internal security, safety and traffic order;

- suspend privileges of and services to and/or impose sanctions upon its members for violations and/or noncompliance with the association's bylaws, rules and regulations," among others.

I'm no lawyer, but when you read this, my interpretation is that to regulate access for of preserving privacy, tranquility, internal security, safety and traffic order; none would be applicable to an existing homeowner. And definitely not because he is not paying his dues.

For the 2nd paragraph, "you could suspend privileges of and services to and/or impose sanctions", would appear na pwede bawal na sya sa clubhouse or swimming, or any services offered by the association. But it does not suspend the right of way to his house.

Agree ako paminsan sakit sa ulo nitong mga homeowners na ganoon, again, kausapin ninyo muna. Kung nakakalula na arrears nya kaya di nagbabayad, give him terms. Kung may reklamo sya, listen to his ideas. Kung minalas at nawala ng trabaho kaya di nakakapagbayad, paunawaan ninyo muna, i guess. Ugali kasi ng associations ngayon ay "kung ayaw mo magbayad, manigas kayo".

[cocoy]

the problem that i have encountered here in our subdivision. is that the HOA has been collecting monthly dues,, for over a year, but the subdivision itself is still controlled by the developer,... it hasnt been turned over yet,... so as of this moment the security guards and the other facilities in the subdivision is still under the developer..

so does the HOA have the right to collect these fees?

the other problem that i have and maybe others have thought of this,, is that i feel the HOA is trying or is making a profit,, i think dapat break even lang sana.. just enough to pay for the security agency and to maintain the facilities..

what i can see here in our subdivision is , parang the HOA is in a hurry to collect fees,, even thoungh the developer is still developing the subdivision..

plus they are charging us P200 pesos for a village sticker.. as if naman its imposible to copy and get a sticker made for less than P50.

my other issue with having a sticker is that anyone can have one made and therefore can go inside a subdivision without being checked kasi mai sticker nga.. wouldnt it be better if the security agency went out of their way to actually know the person or the owner of the car..

kasi what if your car is stolen? they can just go straight to your into your village and God knows what can happen..

the main problem i think is when there is money involved and money to be made, people in power would always want and find ways to get hold of that money.. in my case i think our HOA officiers are making money from charging P200 for stickers that can cost less than P50. imagine the profit.

[AkoiTORYe]

the duly homeowner member cannot be deprived of his right of way to his property whether he is delinquent or not in paying monthly dues. however, the homeowner's association through resolution (approved by majority members) has every right to enact rules and regulations concerning the matters affecting the welfare of the village like security and health.

samakatuwid, pwedeng i require na kumuha ng sticker ang bawat miyembro. dapat pa ring papasukin sa gate ang delinquent homeowner pero pwedeng ipatupad na kailangang iwanan ang id sa guard kung ito ay nakasulat sa resolution. or kung hindi talaga strict sa gate pwedeng sa ibang bagay nalang maging strict.. katulad ng hindi pagkuha ng kanilang basura dahil hindi sila nag-cocontribute nang para sa basic services ng village.

[likot]

Akala ko kung anong Village to. Yun pala village namin to yes dito rin ako nakatira. Sosyal ang entrance at ang epass. Gumagana na ngayon ang CCTV at aliw na aliw yung mga guard laging nakatingin sa camera , yung epass na lang ang di pa. Mahal din ng sticker P350 grabe bukod pa dito eh babayad ka pa ng monthly dues. Nabasa ko yung mail nila regarding epass. Kapag malapit na sa due date ang monthly dues mo pagdaan mo sa epass may blinking churva daw na mkikita pero makakadaan ka pa rin. Pati privacy mo makikita nung kasunod mo na kotse.

Example Porsche na naka epass then sabay blink nung light indicator yung kasunod mo malalaman "Ano ba yan naka Porsche nga di naman bayad ng monthly dues" Ok lang yung epass pero wag naman yung tipong na late ka lang ng bayad ng monthly dues eh di kana makakadaan at mag iiwan kana ng license sana 1month palugit. Pero ok lang for security rin naman.

Check niyo village namin along Felix Ave lang to tapat ng Makro

May next project pa sila para naman sa magcocommute or tricycle paloob. Mala mrt naman to alam niyo naman concept ng entrance ng mrt so di ko na eexplain. Pero soon pa daw to. Inuna nila yung epass. Patay ang mga squatter wala kayong card.

Guys iwan ko muna kayo 2 months nakong di bayad ng monthly dues makapag settle nanga baka maharang pa hehehehe.

[CVT]

Ang kuripot naman niyan.

75php lang ayaw pang magbayad.

Sa mall nga ilang hours lang sila dun 45php ( SM mega ) na kaagad binabayad nila eh. Yan 75php lang, ayaw pa.

Bro.,- hindi lang iyan, typical na 4 or more ang bilang ng mga sasakyan nila... At, karamihan ay less than 5 years ang mga ito... 2 lang ang garahe, at ang natira,- nakaparada sa kalye... Tapos, ayaw ngang magbayad ng P75 sticker per vehicle?!...

Ganyan talaga yata ang ibang mga Pinoy,- hangga't makakagulang,- gagawin.... Puro mga free riders... Sa ibang bansa naman,- mababait at masunurin....

10K:dance1:

[MaxAJ]

May batas pala. Kaso, ang problema, ibang homeowners do not join or even adhere to the rules that the association is implementing. Or worst, claiming that they didn't join any association which makes them exempted. (not sure kung automatic member ka once you own a house-and-lot inside the village)

Anyway, I believe they have the right of way. Pero it's unfair that they get to enjoy the services that the association is paying (security guards etc). Dapat share-share ;) Lahat naman nakikinabang.

Kaya nga, ibang tao are not considerate or have twisted reasonings.. asar mga sira utak lols

Once a person owns a house/lot in a certain subdivision automatic that they are part of the association of homeowners.. Else wag kayo gamit ng services and privileges intended for the home owners association members .. Mahiya kayo - kapal naman nun

I'm no lawyer, but when you read this, my interpretation is that to regulate access for of preserving privacy, tranquility, internal security, safety and traffic order; none would be applicable to an existing homeowner. And definitely not because he is not paying his dues.

For the 2nd paragraph, "you could suspend privileges of and services to and/or impose sanctions", would appear na pwede bawal na sya sa clubhouse or swimming, or any services offered by the association. But it does not suspend the right of way to his house.

Agree ako paminsan sakit sa ulo nitong mga homeowners na ganoon, again, kausapin ninyo muna. Kung nakakalula na arrears nya kaya di nagbabayad, give him terms. Kung may reklamo sya, listen to his ideas. Kung minalas at nawala ng trabaho kaya di nakakapagbayad, paunawaan ninyo muna, i guess. Ugali kasi ng associations ngayon ay "kung ayaw mo magbayad, manigas kayo".

Paragraph 1 also means that the village/association of homeowners reserves the right how will they deal with you in terms of accessing the subdivision/village.

in response to your last paragraph, yes I agree with this lahat ng bagay or terms and condition for that matter can be negotiated properly.. Just do not do any under the table ****