Generally, no. A homeowners association covered by Philippine law cannot simply declare its audited financial statements “confidential” and refuse access to homeowners. Members have a statutory right to inspect association records and obtain annual reports, including financial statements. The HOA may impose reasonable procedures—such as advance notice, inspection during office hours, proof of membership, and payment of reproduction costs—but it cannot use those procedures to defeat the right itself.

The exact remedy depends on what happened. A delayed audit, a refusal to provide copies, missing records, and suspected misuse of funds are related problems, but they require different responses. Understanding those differences can help a homeowner obtain the records without filing the wrong type of case.

What Philippine law says about HOA financial statements

The principal law is the Magna Carta for Homeowners and Homeowners’ Associations, Republic Act No. 9904, enacted in 2010.

Section 7(b) gives an association member the right:

To inspect the association’s books and records during office hours; and
To receive, upon request, annual reports that include financial statements.

The 2024 Revised Implementing Rules and Regulations of RA 9904, issued through DHSUD Department Circular No. 2024-018, further states that a member may inspect the books and records and receive a copy of annual reports, including financial statements, at the member’s expense. (Supreme Court E-Library)

This means the HOA generally must permit access to the financial statements. It does not have to surrender its original accounting records permanently, but it should allow inspection and provide copies of the annual financial reports when properly requested.

What financial records must an HOA maintain?

RA 9904 requires an HOA or its managing agent to maintain detailed financial and other records of the association. These records belong to the association—not personally to the president, treasurer, property manager, developer, or accounting firm.

The records must generally be available for examination by:

Homeowners or property owners;
Holders of mortgages over the properties;
Association members; and
Their duly authorized representatives.

Access may be subject to reasonable advance notice and may be scheduled during normal working hours. (Supreme Court E-Library)

Relevant financial records may include:

Annual financial statements;
General ledgers and journals;
Cash receipt and cash disbursement books;
Bank statements and bank reconciliation reports;
Official receipts and acknowledgment receipts;
Invoices, billing statements, and purchase orders;
Payroll and contractor payment records;
Records of association dues, assessments, and penalties;
Budgets and expense reports;
Board resolutions approving major expenditures;
Contracts with security, maintenance, construction, and management providers;
Reports of the treasurer and auditor; and
Records showing the association’s cash and funds on hand.

A homeowner’s right is not necessarily limited to a one-page financial summary. When reasonably necessary to verify the financial statements, underlying accounting records may also be inspected.

Is the HOA required to prepare audited financial statements?

The current rules require an annual financial statement to be prepared and submitted within 90 days after the close of the association’s accounting period.

The statement should be:

Prepared under the responsibility of the treasurer;
Certified or verified as correct;
Attested by the board chairperson or association president;
Audited by the association auditor and, where applicable, externally audited; and
Accompanied by a summary of the association’s expenses.

The 2024 Revised IRR generally calls for external auditing, with a certified public accountant identified as the preferred external auditor. Specific exceptions apply to certain associations under government housing programs, including some Community Mortgage Program, Land Tenure Assistance Program, and government housing projects. (Scribd)

The annual financial statement should show, at a minimum:

Total money collected;
Total expenditures;
The purposes for which funds were spent; and
Remaining funds or cash on hand.

It must also be posted at the HOA office, bulletin boards, or other conspicuous places within the subdivision or community and submitted to the appropriate Department of Human Settlements and Urban Development regional office.

“Audited” and “verified” do not always mean the same thing

Homeowners should determine what document actually exists.

An internally verified statement may have been reviewed by the elected HOA auditor. An externally audited financial statement is ordinarily examined by an independent professional outside the HOA’s management structure.

A board should not describe a treasurer’s unaudited spreadsheet as an “audited financial statement.” Conversely, if the external audit is still being completed, the HOA should explain that fact and provide the latest completed financial statement and other records already available.

If more than 90 days have passed since the end of the fiscal year and no annual financial statement has been prepared, the problem may be more than a refusal to release records. It may also indicate noncompliance with the HOA’s reportorial and financial-record obligations.

When may an HOA reasonably limit access?

The right to inspect records is broad, but it is not a right to take original documents, interrupt office operations, or demand immediate access at midnight.

An HOA may reasonably require:

A written request. The request should identify the financial year and documents sought.
Proof of identity and status. The requester may be asked to show that they are an owner, member, mortgage holder, or authorized representative.
Reasonable advance notice. The HOA may schedule the inspection instead of producing boxes of records without preparation.
Inspection during working hours. Records may generally be examined at the HOA office or another reasonable location.
Payment of reproduction costs. The member may be charged reasonable photocopying, printing, scanning, or storage-media expenses.
Protection of original documents. The HOA may supervise inspection and prohibit alteration, removal, or destruction of records.
Limited redaction of personal information. Personal identification numbers, signatures, bank account numbers, employee medical information, and unrelated personal data may be masked where necessary.

The Data Privacy Act of 2012, Republic Act No. 10173, does not make all HOA financial records secret. A privacy-compliant response is normally to redact genuinely protected personal information while disclosing the financial transaction—not to withhold the entire statement, ledger, contract, or voucher.

When is an HOA’s refusal likely improper?

A refusal is likely unreasonable when the HOA:

Says all financial records are “for board members only”;
Claims that financial statements are confidential without identifying a legal basis;
Refuses to provide the annual report to a member;
Ignores repeated written requests without giving a schedule;
Allows inspection only under impossible or excessively restrictive conditions;
Demands an arbitrary “access fee” unrelated to actual reproduction costs;
Provides only verbal assurances that the finances are in order;
Refuses because the homeowner questioned an expense or criticized the board;
Uses data privacy as a blanket reason to hide all transactions;
Says the statements were submitted to DHSUD and therefore need not be shown to members;
Posts a summary but refuses to provide the financial report itself; or
Claims that the documents belong personally to the treasurer, developer, or property manager.

RA 9904 specifically prohibits preventing a qualified homeowner from reasonably exercising the right to inspect association books and records. It also prohibits unreasonable failure to comply with the law’s financial-record requirements. (Supreme Court E-Library)

What to do when the HOA refuses to release the statements

1. Confirm exactly what you are requesting

Avoid asking vaguely for “all financial documents.”

Identify:

The financial year or accounting period;
Whether you want the annual financial statement, external audit report, or both;
Whether you want inspection, copies, or electronic files;
Any particular transaction you want to verify; and
Whether you also need ledgers, receipts, bank records, contracts, or board approvals.

For example, request the “annual audited or verified financial statements for the fiscal year ending December 31, 2025, including the auditor’s report and notes to the financial statements.”

2. Establish your right to request the records

Prepare copies of documents showing your status, such as:

A deed of sale, condominium or transfer certificate of title, tax declaration, or contract to sell;
HOA membership record or identification card;
Recent association-dues receipts;
A mortgage document, if requesting as a mortgage holder; or
Written authority from the owner, if acting as a representative.

A tenant does not automatically have the same statutory position as an owner or member. A tenant should ordinarily obtain written authorization from the property owner.

3. Send a formal written request

Address the request to the HOA president, board, corporate secretary, treasurer, and managing agent, when applicable. Send it through a method that creates proof of delivery, such as:

Registered mail;
Accredited courier;
Personal service with a receiving copy;
Official HOA email; or
The association’s documented electronic communication channel.

A practical request may read:

I am requesting, under Section 7(b) of Republic Act No. 9904 and the applicable provisions of the 2024 Revised IRR, an opportunity to inspect and obtain a copy of the association’s latest annual financial statements, including the audit or verification report, for the fiscal year ending __________. Please provide an inspection schedule or electronic copy within 10 business days. I am willing to pay reasonable reproduction expenses. Any protected personal information may be appropriately redacted instead of withholding the records in full.

The suggested 10-business-day period is not a universal statutory deadline. It is a reasonable response period that creates a clear record before escalation.

4. Comply with reasonable administrative requirements

Offer several inspection dates. Bring identification and proof of ownership or authority. Pay documented reproduction expenses and request an official receipt.

Do not sign an agreement that prevents you from using lawfully obtained records in a complaint or government proceeding. A reasonable acknowledgment protecting original documents is different from a sweeping confidentiality waiver.

5. Use the HOA’s grievance procedure

Review the HOA’s bylaws and rules for its grievance committee or internal dispute-resolution process.

Submit:

Your original request;
Proof of delivery;
The HOA’s written refusal, if any;
Follow-up correspondence;
Relevant bylaws or resolutions; and
A concise explanation of the relief sought.

Ask for a written certification showing that the dispute was submitted to the grievance mechanism. If there is no functioning grievance committee, or the committee refuses to act or issue a certification, prepare an affidavit explaining what occurred. This documentation may become important in a later HSAC case.

6. Report the matter to the DHSUD Regional Office

DHSUD regulates and supervises homeowners associations. Its regional offices monitor compliance with RA 9904, the revised IRR, and reportorial requirements.

An interested homeowner may ask the appropriate regional office to examine whether the HOA has:

Prepared and submitted its annual financial statements;
Properly maintained accounting records;
Posted the required financial report;
Allowed reasonable inspection; or
Complied with previous DHSUD directives.

When an apparent violation is found, the regional office may issue a Notice of Violation. Under the current rules, the HOA and responsible officers may be given 15 days to submit a sworn explanation or comment. DHSUD may also conduct a clarificatory conference, inspect records, and issue administrative orders or sanctions. (Scribd)

Where the records are ambiguous or inconsistent, DHSUD may require an independent auditor. The complaining member may initially be required to shoulder the audit expense, subject to reimbursement by the HOA if the complaint is found valid. This remedy can be useful where the issue is not merely access but whether the records themselves are reliable.

7. File a verified complaint with HSAC when a binding order is needed

The Human Settlements Adjudication Commission, or HSAC, is the quasi-judicial agency that decides many disputes involving homeowners associations.

Under Republic Act No. 11201, HSAC Regional Adjudicators have original jurisdiction over intra-association disputes—disagreements among an HOA, its board, officers, and members arising from association affairs. (Supreme Court E-Library)

A complaint seeking an order compelling the HOA to allow inspection or provide financial reports is generally filed with the HSAC Regional Adjudication Branch covering the place where the association is registered with DHSUD. For an unregistered association, venue may depend on the project’s location and the particular facts.

The formal process ordinarily involves:

Filing a verified complaint with supporting documents;
Payment of the applicable legal fees or submission of proof supporting indigent status;
Service of summons and the respondent’s answer;
Mediation;
A mandatory conference;
Submission of position papers and evidence; and
A written judgment.

The exact duration depends on service of summons, the number of respondents, requests for postponement, document volume, settlement efforts, and the branch’s caseload. A contested case may take several months or longer. (Philippine Information Agency)

8. Consider separate legal action only when there is independent wrongdoing

A refusal to release HOA records does not automatically amount to a criminal offense.

In Atty. Pablo B. Francisco v. Melanio Del Castillo, G.R. No. 236726, September 14, 2021, the Supreme Court held that a dispute arising from the denial of access to HOA financial records was an intra-association controversy within the jurisdiction of the housing adjudication agency. The Court also explained that the fine under Section 23 of RA 9904 is administrative, not a criminal penalty by itself. (Supreme Court E-Library)

A criminal complaint may become relevant only when independent evidence supports a separate offense, such as:

Falsification of documents;
Estafa or another form of fraud;
Theft or misappropriation;
Forgery;
Destruction or concealment of records; or
Other offenses under the Revised Penal Code or special laws.

Suspicion, accounting irregularities, or refusal alone may not be enough. Preserve the documents and obtain the records before making public accusations against named officers.

Documents to prepare for DHSUD or HSAC

Document	Why it matters
Government-issued identification	Confirms the requester’s identity
Proof of ownership or membership	Establishes the right to inspect
HOA dues receipts or account statement	Responds to possible claims of delinquency
Written records request	Shows exactly what was requested
Proof of delivery	Establishes that the HOA received the request
HOA reply or refusal	Shows the board’s stated reason
Follow-up letters and emails	Demonstrates efforts to resolve the matter
HOA bylaws and rules	Identifies internal procedures and officer duties
Grievance committee certification	Shows use of internal remedies
Affidavit concerning unavailable grievance procedure	Explains why no certification could be obtained
Photos of bulletin boards or HOA office	May show failure to post required reports
Previous financial statements	Helps identify missing years or inconsistencies
Written authorization or special power of attorney	Supports a representative’s authority
Chronology of events	Makes the complaint easier to understand
Requested relief	Tells the agency what order is being sought

Keep the originals and submit organized copies. Number the attachments and refer to them consistently in the complaint.

Possible penalties for HOA officers

Violations of RA 9904 and its implementing rules may result in administrative sanctions.

Section 23 authorizes an administrative fine ranging from ₱5,000 to ₱50,000. Responsible officers may also face permanent disqualification from serving as an HOA director, officer, or employee, depending on the nature and gravity of the violation. Liability may extend to directors, trustees, officers, or other persons who participated in, authorized, or ratified the unlawful act. (Supreme Court E-Library)

These sanctions are separate from:

An HSAC order directing release or inspection of records;
Civil liability for damages, when legally established;
Removal or recall under the HOA’s rules;
Accounting and restitution of association funds; and
Criminal liability based on a separately proven offense.

Common situations homeowners encounter

The HOA says the audit is not finished

Ask for:

The latest completed audited or verified financial statement;
The current unaudited statement;
The expected audit-completion date;
The engagement letter or board resolution appointing the auditor; and
The reason for the delay.

If the statutory 90-day preparation period has already passed, raise the delayed reportorial compliance with DHSUD.

Only a one-page summary was posted

Posting a summary does not necessarily satisfy a member’s right to receive the annual report and inspect supporting records. Request the complete financial statement, auditor’s report, notes, schedules, and relevant underlying documents.

The board invokes data privacy

Ask the HOA to identify the specific information that must be protected. Account numbers, signatures, identification numbers, and unrelated personal details can usually be redacted while leaving transaction dates, payees, amounts, purposes, and approvals visible.

The homeowner has unpaid dues

The HOA may raise the homeowner’s payment status because RA 9904’s prohibited-act provision refers to homeowners who have paid the required fees and charges. However, the law also broadly recognizes members’ and owners’ inspection rights.

To avoid allowing the dues issue to overshadow the records dispute:

Pay undisputed amounts;
Request a written statement of account;
Challenge disputed charges separately;
Pay reasonable copying expenses; and
Document any attempt to use an unrelated or disputed assessment as a pretext for total secrecy.

The owner is outside the Philippines

An owner abroad may appoint a representative to inspect and receive records.

The representative should carry:

Written authorization or a special power of attorney;
Copies of the owner’s identification and ownership documents;
The representative’s identification; and
Any HOA form reasonably required for representatives.

Where a notarized special power of attorney is needed, a document executed abroad may have to be acknowledged before a Philippine consular officer or notarized and apostilled in accordance with the rules applicable in the country of execution.

The requester is a foreign owner

Foreign citizenship does not, by itself, remove an otherwise valid owner’s or member’s right to association financial information. The requester must still establish lawful ownership, membership, or authority.

This issue is separate from the constitutional restrictions on foreign ownership of Philippine land. A foreign condominium-unit owner, for example, may also be dealing with a condominium corporation governed by the Condominium Act, the Revised Corporation Code, and its master deed and bylaws—not necessarily an HOA governed solely by RA 9904.

The HOA claims records were lost

Ask for a written explanation identifying:

Which records are missing;
When and how they were lost;
Who had custody;
Whether electronic or bank copies exist;
Whether the loss was reported to DHSUD, the board, police, or an insurer; and
What reconstruction steps are being taken.

Loss of paper files does not necessarily explain the absence of bank records, tax filings, electronic ledgers, supplier invoices, or records held by an accounting firm.

Frequently Asked Questions

Can an HOA legally keep its audited financial statements confidential?

Generally, no. Members have a statutory right to annual reports, including financial statements, and owners may inspect association records upon reasonable notice. Specific personal information may be redacted, but the HOA should not treat the entire financial report as confidential.

Can I demand that the HOA email the financial statements?

The law establishes a right to receive the report but does not always require a particular delivery method. The HOA may provide a printed copy, electronic file, or supervised inspection, provided the arrangement is reasonable and does not effectively deny access.

Can the HOA charge me for a copy?

Yes. The current rules permit the member to receive copies at the member’s expense. Charges should reflect reasonable reproduction or delivery costs, not a punitive access fee.

Can I inspect bank statements and receipts?

Potentially, yes. Bank statements, receipts, vouchers, invoices, and similar documents are association financial records. Access may be supervised, and sensitive account details or unrelated personal information may be redacted.

What if the HOA has never prepared audited financial statements?

Request written confirmation and the latest available financial records. Failure to prepare the annual statement within the required period may be reported to the DHSUD Regional Office. HSAC proceedings may also be appropriate if the HOA continues to deny access or fails to comply with its obligations.

Should I complain to DHSUD or file with HSAC?

DHSUD handles regulatory supervision, registration, reportorial compliance, inspections, and administrative monitoring. HSAC adjudicates disputes and can issue binding decisions in intra-association controversies. A homeowner may approach DHSUD regarding compliance and later file with HSAC when an enforceable adjudicatory order is required.

Can I file a criminal complaint against the HOA president?

Not merely because the president refused to release the records. The Supreme Court has treated this type of controversy as an intra-association dispute. A criminal case requires evidence of a separate criminal offense, not simply a violation of the inspection right.

Can a non-member homeowner inspect HOA records?

RA 9904 and its current rules recognize inspection rights not only for association members but also for owners, mortgage holders, and authorized representatives in appropriate circumstances. The person should provide proof of ownership or authority.

Can I post the financial statements on social media?

Possessing the records does not eliminate privacy, defamation, or confidentiality concerns involving unrelated personal information. Use the records for legitimate association, regulatory, or legal purposes. Redact account numbers, signatures, identification details, and unrelated personal data before any wider distribution.

Key Takeaways

An HOA generally cannot refuse to provide members with annual reports, including financial statements.
Owners, mortgage holders, and authorized representatives may also inspect association records upon reasonable advance notice.
The HOA may set reasonable office-hour procedures, verify identity, protect originals, redact limited personal data, and charge actual reproduction expenses.
Annual financial statements should generally be prepared within 90 days after the close of the accounting period and posted and submitted as required.
A blanket claim that financial records are “confidential” is usually inconsistent with RA 9904.
Start with a specific written request and preserve proof that it was received.
Use the HOA grievance procedure and document any refusal or failure to act.
DHSUD handles regulatory compliance and administrative monitoring, while HSAC adjudicates intra-association disputes.
Refusal to release records is not automatically a criminal offense, although separate evidence of fraud, falsification, or misappropriation may support other proceedings.
Administrative sanctions may include fines of ₱5,000 to ₱50,000 and disqualification of responsible HOA officers.