Are Renters Required to Pay Homeowners’ Association (HOA) Dues in the Philippines?

Short answer

No, not by default. In Philippine law, the legal duty to pay association dues is tied to ownership (membership in the HOA or condominium corporation), not to mere occupancy. A tenant can be made to pay only if the lease says so (or if the tenant voluntarily agrees to fees for certain services or amenities). The HOA’s direct claim for regular dues remains against the owner.

Why this is the default rule

1) Who owes dues under Philippine statutes

Homeowners’ associations (subdivisions / villages). The Magna Carta for Homeowners and Homeowners Associations (RA 9904) recognizes HOAs and their power to impose reasonable dues and assessments on their members to fund common services and facilities. Membership is ordinarily vested in lot or house owners in the subdivision or village.
Condominiums. Under the Condominium Act (RA 4726) and typical condominium by-laws, assessments for common expenses are owed by unit owners, who are members of the condominium corporation or management body.

Tenants are not automatically members. Because dues are membership assessments, the legal debtor is the owner. The HOA/condo corporation will bill and collect from the owner; it may accept payment from an occupant, but that doesn’t convert the tenant into the party primarily liable.

2) By-laws, deed restrictions, and house rules

Subdivision deed restrictions (usually annotated on titles) and association by-laws bind owners and may “run with the land.” These instruments establish the owner’s duty to pay dues and assessments.
House rules can validly regulate occupants (including tenants) on use of facilities, IDs, car stickers, visitor entry, etc. House rules cannot convert a non-member tenant into a primary debtor for regular dues without a contractual basis (e.g., the lease).

When can a renter be asked to pay?

A) If the lease contract says so

Most long-term leases in the Philippines allocate association/condo dues in one of two ways:

Owner pays (rent is “inclusive” of dues).
Tenant pays (rent is “exclusive” of dues; the tenant reimburses or pays directly to the administration/HOA).

Whatever the lease says governs between owner and tenant. But vis-à-vis the HOA, the owner remains the member-debtor; if the tenant doesn’t pay under the lease, the HOA still looks to the owner.

B) If the tenant voluntarily avails of user-based charges

HOAs or condo admins may charge occupants (owner or tenant alike) for non-dues items such as:

IDs / car stickers / RFID tags
Move-in/out processing fees
Amenity reservations (pool, function room, court)
Parking fees (if license-type or pay-per-use)
Community-provided utilities or services (e.g., association-run water system, garbage fees), if the scheme is in the by-laws/house rules and uniformly applied

These are fees for services or privileges, distinct from regular dues.

What HOAs and condo corporations can (and cannot) do if dues are unpaid

They can:
- Pursue the owner for collection (demand, penalties, legal action).
- Suspend non-essential privileges (e.g., use of clubhouse, sports courts, function rooms) pursuant to by-laws and due process.
- Require “no-arrears” status before issuing new amenity passes or approving tenant move-in documentation.
They cannot:
- Block basic ingress/egress to a residence.
- Cut off government or third-party utilities (e.g., Meralco/Maynilad/Manila Water)—unless the HOA itself is the service provider under its rules.
- Compel a tenant (non-member) to pay regular association dues absent a contractual undertaking.

Condominiums additionally enjoy statutory lien mechanisms (and strong by-law remedies) against the unit for unpaid common charges. Subdivision HOAs rely on deed restrictions/by-laws and ordinary collection suits; many also annotate restrictions to strengthen enforceability.

Practical scenarios (and the legally clean way to handle them)

1) Lease is silent on dues

Default: Owner pays the HOA.
Best practice: Tenant asks for proof of current dues before move-in; parties execute a short addendum allocating dues going forward.

2) HOA refuses to process a tenant’s move-in due to owner’s arrears

HOA may withhold non-essential processing under its rules.
Options:
- Tenant pays under protest (if urgent) with written acknowledgment that the payment is for the owner’s account and deductible from rent or reimbursable by the owner.
- Or require the owner to settle arrears as a condition to the lease taking effect (place rent in escrow until clearance is issued).

3) Owner agrees that tenant will pay dues directly to HOA

Ensure the lease states: (i) tenant pays directly, (ii) owner remains ultimately liable to the HOA, and (iii) non-payment of dues by either party is a material breach with clear remedies (e.g., offset, termination).

4) Special assessments / capital expenditures

These are one-off charges (e.g., perimeter fence, CCTV, pump replacement).
Unless the lease expressly passes them to the tenant, they ordinarily remain for the owner’s account.

Model lease clauses (you can copy-paste and tailor)

Option A — Rent inclusive of dues (owner pays):

Association/Condominium Dues. The Rent is inclusive of all regular association/condominium dues assessed against the Premises. Lessor shall timely pay such dues and provide Lessee with proof of payment upon reasonable request. Failure to pay dues resulting in the suspension of non-essential services or privileges shall entitle Lessee to proportionate rent reduction and, if uncured for fifteen (15) days after notice, to terminate this Lease without penalty.

Option B — Rent exclusive of dues (tenant pays):

Association/Condominium Dues. Lessee shall pay, at its expense, the regular association/condominium dues for the Premises during the Lease Term, either directly to the association/administrator or by reimbursing Lessor within five (5) days of billing. Lessor remains ultimately liable to the association and shall cooperate in providing any documents required for Lessee to pay directly. Special assessments and charges arising before the Lease or relating to capital expenditures shall be for Lessor’s account unless otherwise agreed in writing.

Arrears protection / offset clause:

Arrears; Offsets. If Lessor fails to keep the Premises free of association arrears that materially affect Lessee’s occupancy or access, Lessee may (after written notice) settle the arrears on Lessor’s behalf and offset the amount, plus any official penalties actually paid, against Rent.

Tenants’ rights and obligations vis-à-vis the HOA

Comply with community rules (security protocols, noise, sanitation, parking, amenity bookings).
Register occupancy and secure IDs/stickers where required (often with an owner’s authorization letter and a copy of the lease).
Access: You can’t be barred from reaching your home, but amenity access can be restricted for non-compliance with rules or unpaid dues by the owner.
No unilateral “dues billing” from the HOA unless you agreed in your lease or you’re paying for user-based services.

Owners’ checklist (to avoid tenant disputes)

Show proof of current dues and deliver a clearance on or before turnover.
Decide and document: Is rent inclusive or exclusive of dues? Who pays special assessments?
Authorize your tenant in writing to transact with the HOA (IDs/stickers, amenity bookings).
Keep dues current—your tenant’s access to amenities may depend on it.
For condos: remember that arrears can attach to your unit and may block sales/mortgages and occupancy approvals.

Dispute resolution

Talk first: Most issues disappear with a copy of the lease and a payment receipt.
Internal grievance/mediation: Many HOAs/condo admins have committees to hear disputes.
Human Settlements Adjudication Commission (HSAC): The specialized body (successor to HLURB) that hears many HOA/condo controversies (membership, dues, by-laws, sanctions).
Barangay conciliation and courts: Some disputes between residents/owners/tenants in the same city/municipality may need barangay conciliation before filing cases; consult counsel on the correct forum and sequence.

FAQs

Is it legal for an HOA to refuse my tenant’s ID or car sticker because the owner is in arrears? Generally yes, for non-essential privileges and if consistent with by-laws; the HOA still can’t block basic ingress/egress.

Can the HOA demand that the tenant pay the owner’s back dues? They can ask, or accept payment if the tenant volunteers, but their legal claim is against the owner unless the tenant contractually assumed the obligation in the lease.

Our lease says nothing. Who pays? By default, the owner. Update the lease (or sign a short addendum) to avoid recurring friction.

Are “garbage fees,” “security fees,” or “admin fees” automatically dues? Not necessarily. These may be user fees charged to occupants for particular services. Read the by-laws and house rules.

What about short-term rentals (Airbnb-type)? Dues remain the owner’s liability. HOAs may regulate short-term rentals under by-laws/house rules and may charge processing or occupancy fees per stay, applied uniformly.

Key takeaways

Regular HOA/condominium dues are the owner’s legal obligation.
A tenant’s duty to pay exists only if the lease or a voluntary arrangement says so, or for user-based fees tied to services/amenities.
HOAs can limit non-essential privileges, but cannot deny basic access to one’s home.
Put the allocation in writing (and keep receipts) to prevent avoidable disputes.

This article provides general information on Philippine law and common practice. Community by-laws and local circumstances vary; for specific situations or disputes, consult a Philippine lawyer and review the actual HOA/condo by-laws, house rules, deed restrictions, and your lease.