Published — July 9, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
After reading “When may a member of the homeowners’ association become a delinquent?” , also read Membership in the Homeowner’s Association
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A member who has failed to pay three (3) cumulative monthly dues may be declared delinquent
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A member may be declared delinquent by majority vote of all members of the Board of Directors of the association
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A delinquent member may be reinstated
W ho is a delinquent member of the homeowners’ association?
The law says:
A delinquent member or a member not in good standing refers to a member of the association who has been declared as such for the grounds in accordance with the procedure under the by-laws of the association.
When may a member of the homeowners’ association become delinquent?
The law says:
Unless otherwise provided in the by-laws, a member who has failed to pay three (3) cumulative monthly dues or membership fees, or other charges/assessment despite demands by the association, or has repeatedly violated the association’s by-laws and/or declared policies, may be declared delinquent by the Board of Directors (Board).
How may a member be declared delinquent?
The law says:
The Board or committee assigned by the Board shall observe the following procedure in declaring a member delinquent or not in good standing:
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The Board or the committee shall determine whether a member [1] failed to pay at least three (3) cumulative monthly dues, fees or other charges based on the report of the treasurer or as reflected in the association’s financial records, or [2] repeatedly or grossly violated the by-laws or policies of the association as reflected in the book of records of the association.
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The President or the designated officer of the association shall immediately notify said member in writing of the violation and require him to explain in writing, within fifteen (15) days from receipt of notice, why he should not be declared delinquent.
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After the hearing and deliberation, the member may be declared delinquent by a majority vote of all members of the Board.
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After the lapse of fifteen (15) days, with or without a written explanation, the President or the designated officer shall submit the matter to the Board or committee for hearing and deliberation.
What is the effect when a member was already declared delinquent?
The law says:
The rights and privileges of a member as already mentioned in a previous article are suspended upon the declaration of delinquency by the Board. However, the Board shall, by a majority vote of all members, reinstate the membership of the delinquent member, provided that unpaid dues, fees or charges are paid or the sanctions imposed are satisfied.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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Good morning!
Does the law allow a subdivision HOA to post the names of delinquent members? If so, are there restrictions as to where and how such an announcmeent may be made? For example, can the names be published via a tarpaulin put up at the village entrance? Could the HOA also publish a delinquent member’s address and amount due?
What about delinquent members who have not been paying for years despite being sent statements of account regularly? Are they automatically declared delinquent, or should they still be given the 15-day leadtime to explain?
Thank you!