Oct 1, 2026 · by BalayHub Admin · 6 min read

Homeowners Association Dues and Rights: RA 9904 Explained

Homeowners association dues need a basis in the bylaws and majority approval. RA 9904 on membership, records, gates, the board and fines up to ₱50,000.

Homeowners Association Dues and Rights: RA 9904 Explained

Homeowners association dues are the one cost of a house in a subdivision that no bank computation shows, and the rules around them are set by a law most homeowners have never read. Republic Act 9904, the Magna Carta for Homeowners and Homeowners' Associations, approved on January 7, 2010, says what an association may charge, what it must show its members, and what it cannot do to its members. This guide goes through the parts that matter to someone buying, owning or renting a house in a village: membership, dues, records, the board, gates and where to complain.

Who is a homeowner, and is membership required

The law defines a homeowner broadly: the owner or purchaser of a lot in a subdivision or village, an awardee or legal occupant in a government housing project, and even an informal settler being accredited under programs such as the Community Mortgage Program. An association is a non stock, non profit corporation of those homeowners, registered with the housing regulator, which was the HLURB when the law was written and is the DHSUD today.

The law does not make membership automatic. It respects two things that can: the deed of restrictions on the property, and the contract under which the lot was bought. In most developer built subdivisions one of those documents requires the buyer to join, which is why the question to ask before buying is not whether there is an association but what the deed of restrictions says about it.

Whether a member or not, every homeowner has the right to the basic community services and facilities on paying the necessary fees. The law lists what those are: security, street and vicinity lights, maintenance and cleaning of streets, garbage collection, and similar services that benefit everyone and from which no one can practically be excluded.

What the association can charge

The board collects the fees, dues and assessments provided in the bylaws and approved by a majority of the members. The association may also impose or collect reasonable fees for the use of its facilities and services. Those two sentences carry the protections: dues need a basis in the bylaws and the approval of a majority of the members, and fees for facilities and services have to be reasonable.

The law sets no amount, and we have no reliable sample of dues across villages to publish, so the figure to rely on is the one in the association's own statement. Ask the seller for the latest billing and a clearance showing nothing is owed, so that you do not inherit an argument over unpaid dues. For a condominium the charge works differently and is computed per square meter, as our guide to condo association dues explains.

A member who does not pay can be declared delinquent, but only through the procedure in the bylaws and with due process. The association may suspend privileges for violations of the bylaws. What it may not do is prevent a homeowner who has paid the fees for basic services from enjoying them.

What members are entitled to see and do

A member may inspect the association's books and records during office hours, take part in meetings and votes, and stand for office. The association must keep records detailed enough to show each member the association's true financial position, and those records are open on reasonable notice to owners and to holders of mortgages on the lots. An annual financial statement, audited, has to be prepared within 90 days from the end of the accounting period and posted where members can read it.

The board itself is on a short leash. A director's term may not exceed two years. A director can be removed by a signed petition of a simple majority of members in good standing, and the whole board can be dissolved by a petition of two thirds of the members, with the regulator verifying the petition.

Gates, roads and outsiders

Associations may regulate access to and passage through subdivision roads, which is the legal footing for gates, stickers and visitor rules. The power comes with four conditions: public consultations must be held, existing laws and regulations must be met, the authority of the government agencies or local governments concerned must be obtained, and the necessary agreements must be signed among the parties. A gate put up by board resolution alone does not meet that test.

Tenants are covered through their landlords. A lessee can exercise the homeowner's rights in the association with the owner's written consent, so a tenant who wants a gate sticker, a clubhouse booking or a vote should ask the owner for that letter at the start of the lease.

When the board gets it wrong

The law lists prohibited acts: preventing a homeowner who has paid from using basic services and facilities, refusing a member access to the records, keeping members in good standing out of meetings and elections, denying due process, and unreasonably failing to provide the basic services. The penalty is a fine of ₱5,000 to ₱50,000 (about $80 to $798 / €71 to €712) and permanent disqualification from serving as a director, officer or employee of the association.

Disputes within an association and between associations go to the housing regulator, not straight to court. Buyers who know the DHSUD from its role with developers, covered in our guides on complaints against a developer and on how to verify a license to sell, will find it is the same agency.

What to check before you buy in a village

Read the deed of restrictions, which is annotated on the title or attached to the contract, for membership, building rules and limits on use; a home business or a short term rental can be barred there. Ask for the association's latest dues billing, a clearance for the property, and the most recent posted financial statement. Ask whether any special assessment has been approved. Walk the roads and the perimeter, since they are what the dues pay for.

Then compare like with like. Our guides on condo vs house and lot and on townhouses weigh the running costs of each kind of home, village profiles such as the Makati villages guide show how much association rules shape a neighborhood, and current houses for sale are listed by city.

This article is general information, not legal advice. It summarizes Republic Act 9904 as written; each association's bylaws and deed of restrictions add their own rules, so read them before you buy.

Dollar and euro figures are approximate conversions at ₱62.7 per US dollar and ₱70.2 per euro (ECB reference rates, 2026-10-05).

Frequently asked questions

Are homeowners association dues mandatory in the Philippines?

Republic Act 9904 does not make membership automatic, but it respects the deed of restrictions on the property and the purchase contract, and in most developer built subdivisions one of them requires the owner to join. Members must pay the dues set in the bylaws. Every homeowner, member or not, is entitled to basic community services such as security, street lights and garbage collection on paying the necessary fees.

Who decides how much the association dues are?

The board collects the fees, dues and assessments that are provided in the bylaws and approved by a majority of the members. Fees for the use of facilities and services must be reasonable. The law sets no amount, so ask for the association's latest billing and the minutes or resolution approving the current rate, and for a clearance on the property before you buy.

Can a homeowners association cut off services to a member who has not paid?

It can sanction a member who has not paid, but only by the rules. A member can be declared delinquent and have privileges suspended under the procedure in the bylaws and with due process. What the law protects is the homeowner who has paid the fees for basic community services: the association may not prevent that person from enjoying them. Violations by the association carry a fine of ₱5,000 to ₱50,000 (about $80 to $798 / €71 to €712) and permanent disqualification from holding office in it.

Can I inspect the books of my homeowners association?

Yes. A member has the right to inspect the association's books and records during office hours, and the association must keep records detailed enough to show its true financial position. An audited annual financial statement has to be prepared within 90 days from the end of the accounting period and posted. Refusing a member access to the records is a prohibited act under Republic Act 9904.

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