Can a Homeowner with Unpaid Dues Vote in HOA Elections in the Philippines?

(HSAC rules and the broader Philippine legal framework)

Short answer: Usually no—if the association’s by-laws say that only “members in good standing” may vote and “good standing” includes being current on dues, a delinquent member may be disqualified from voting after proper notice and process. Whether that disqualification is valid—and whether an election can be annulled for allowing (or excluding) such votes—depends on RA 9904 (the Magna Carta for Homeowners and Homeowners’ Associations), the Revised Corporation Code (RCC), the association’s by-laws, and HSAC procedural rules and jurisprudential standards on elections.

1) The legal pillars

RA 9904 (Magna Carta for Homeowners and Homeowners’ Associations)
- Recognizes HOAs as non-stock, non-profit corporations.
- Grants members the right to vote and be voted for, commonly “subject to the by-laws.”
- Empowers associations to collect dues/assessments and impose reasonable sanctions for violations, including suspension of rights, so long as due process is observed.
Revised Corporation Code (RCC) (governs non-stock corporations like HOAs)
- Members’ rights—including voting—arise from the law, articles, and by-laws.
- Rights may be regulated (and in limited cases suspended) by by-laws and reasonable board policies consistent with law and due process.
- Corporate elections can be questioned and set aside for material violations of the law or by-laws that affect results.
RA 11201 / HSAC
- The Human Settlements Adjudication Commission (HSAC) now exercises adjudicatory functions (formerly HLURB) over subdivision and condominium disputes, including HOA election controversies, membership issues, and enforcement of HOA by-laws.

2) “Member in good standing”: why it matters

Most HOA by-laws define “member in good standing” to include being up-to-date on dues, charges, and penalties and not being under suspension. Where that definition exists, only members in good standing may vote or run for office. Two consequences follow:

A homeowner with unpaid dues is ordinarily not in good standing and thus cannot vote or be elected if the by-laws say so.
If the by-laws are silent on delinquency affecting voting, blanket disqualifications are harder to justify; the association should rely on express by-law authority or amend the by-laws.

Key practice point: The by-laws govern. Always check them first.

3) When and how delinquency validly suspends voting rights

To make a delinquency-based disqualification stick (and survive an HSAC challenge), HOAs should ensure:

Clear authority in the by-laws
- A clause tying voting eligibility to good standing and a definition that includes current dues.
- Any grace period, minimum amount of arrears, or cutoff date for determining eligibility should be stated or reasonably set by policy that is consistent with the by-laws.
Due process
- Notice of unpaid accounts (statement of account, computation of arrears and penalties).
- A reasonable cure period before the cutoff.
- A fair and accessible way to contest billing errors (e.g., disputes on meter readings, prior payments, or penalty computations).
Transparent election mechanics
- Advance posting of a Preliminary List of eligible voters and a Delinquency List (with a window to correct errors).
- A board (or committee) resolution specifying the cutoff date and time for clearing arrears to regain eligibility.
- Acceptance of on-the-spot payments up to the cutoff (if the by-laws or election rules allow), with official receipts and immediate update of the voter list.
- A final voters’ list issued before voting starts.
Consistency and proportionality
- Apply the rule uniformly; selective enforcement invites annulment.
- Penalties must be reasonable; punitive measures that effectively disenfranchise large blocks for minor arrears draw scrutiny.

4) Typical election scenarios and how HSAC views them

Election nullified for allowing ineligible voters: If the by-laws limit voting to members in good standing and the board knowingly allowed delinquent members to vote, HSAC can invalidate the election if the number of tainted votes could change the outcome (materiality test).
Election nullified for wrongful disenfranchisement: If qualified members were wrongly excluded (e.g., paid before the cutoff but not reflected on the list, or the cutoff was unreasonable or unpublished), HSAC may annul the results or order a new election.
Disputes over the correctness of billings: When the underlying debt is contested, HSAC typically looks for proof of notice, computation, and an opportunity to contest. Where the association’s accounting is opaque or inconsistent, exclusions tend to fail.
Use of proxies: If a member is not in good standing, they cannot cure ineligibility via a proxy; the right to issue a proxy presupposes the right to vote. Conversely, if the member is eligible, proxy use depends on the by-laws (e.g., form, notarization, one-proxy-per-attendee rules, deadlines for submission).

5) Step-by-step: how HOAs should run elections when delinquency is an issue

Board resolution setting: the election date, candidate filing period, records inspection window, voter eligibility standard (by-law citation), cutoff for curing arrears, and the Election Committee (EleCom) composition and mandate.
Publish an Election Rules & Calendar (bulletin boards, email/Viber/portal, and door-to-door for those without digital access).
Circulate SOAs (statements of account) at least 30 days before cutoff; identify arrears, penalties, and acceptable payment channels.
Post preliminary lists (eligible, ineligible/delinquent) 10–15 days before the election; provide a challenge/correction period and a help desk.
Close the list at the announced cutoff; issue the final voters’ list; keep receipts ready for last-minute payments if allowed.
Conduct the election (quorum determination must exclude ineligible members unless by-laws count all members for quorum of the membership—check your text).
Proclaim results with a tally sheet, list of challenged ballots, and an EleCom report narrating issues encountered and how they were resolved.
Record-keeping: minutes, attendance sheets, voters’ lists (prelim/final), SOA templates, notices, board and EleCom resolutions, and the canvass.

6) What homeowners can do if they’re delinquent

Check the by-laws to confirm whether good standing is required for voting and how it is defined.
Request an itemized SOA and supporting documents (prior payments, penalty basis).
Pay or settle before the announced cutoff (ask if partial payments or promissory agreements restore good standing—some by-laws allow this).
If you dispute the billing, file a written protest with the association and preserve proof (emails, letters, receipts).
If you are denied the vote despite curing arrears or a clear accounting error, you may challenge the election at HSAC.

7) Bringing the dispute to HSAC

Common petitions:

Petition to annul HOA elections / declare officers illegitimate
Complaint to enforce by-laws (e.g., to compel recognition of voting rights)
Injunction (to stop an imminent election tainted by unlawful exclusion/inclusion)

What HSAC typically looks for:

The by-laws and relevant board/EleCom resolutions
Proof of notice (election calendar, SOAs, list postings)
Voter lists (prelim/final) and tally
Accounting records supporting delinquency claims
Materiality (whether alleged irregularities could affect the result)

Relief HSAC may grant:

Nullify the election and order a new one under supervision
Recognize or disqualify specific ballots
Direct compliance with by-laws (e.g., proper notices, transparent lists)
Costs/administrative fines for willful violations

8) Edge cases and practical cautions

By-laws silent on delinquency: Disenfranchisement is risky; consider amending the by-laws first.
Mass delinquency (e.g., dues hike dispute): Enforcing a strict bar may collapse quorum and legitimacy. Explore amnesty, installments, or interim voting rights upon signing a settlement plan, if consistent with the by-laws.
New homeowners vs. title updates: Voting is typically tied to membership status per by-laws; ensure transfers are recorded before the election, or provide provisional voting subject to documentation.
Co-owned lots/units: Clarify one vote per lot/unit and designate the voting representative in writing.
Tenants/lessees: Usually no vote unless the by-laws expressly delegate.
Condominium corporations: Similar principles apply, but these entities are governed by the Condominium Act and the RCC; check the corporation’s articles and by-laws and any HSAC/HLURB rules adapted to condominium settings.

9) Compliance checklist for HOAs

By-laws clause limiting voting to members in good standing
Definition of good standing includes current dues/assessments
Cutoff and grace period are clear and reasonable
Notices and SOAs served with audit-ready computations
Prelim & final voter lists posted; correction window provided
Uniform application (no selective enforcement)
Election rules and EleCom properly constituted
Records preserved for potential HSAC review

10) Practical takeaway

If your by-laws tie voting to good standing, unpaid dues can bar voting—but only with clear notice, fair opportunity to cure, and transparent election procedures.
HOAs that want to enforce this should tighten their paperwork (by-laws language, calendars, lists, SOAs).
Homeowners who believe they were wrongfully excluded (or that ineligible votes were counted) can seek HSAC relief—and should gather the paper trail early.

This article provides general information on Philippine HOA governance and HSAC procedures. It is not legal advice. Specific situations can turn on unique by-law language, notices given, and accounting records.