No. In the Philippines, an association president generally cannot remove, expel, suspend, blacklist, or declare a member “no longer a member” by personal decision alone. If the association is a homeowners’ association, condominium corporation, club, professional group, civic organization, cooperative, or SEC-registered non-stock corporation, membership rights are usually governed by law, the articles of incorporation, by-laws, internal rules, and basic fairness. The practical rule is simple: there must be legal authority, a valid ground, and due process.

For many members, the problem starts informally: the president posts in a group chat that you are “removed,” the guard is told not to let you enter, your voting right is cancelled before an election, or your name disappears from the membership list after you questioned dues or records. These actions may feel like a personal dispute, but legally they can affect property use, voting rights, access to common areas, participation in meetings, and even housing security.

The Short Answer: A President Alone Usually Has No Power to Expel a Member

An association president is normally an officer, not the association itself. The president may preside over meetings, sign documents, implement board resolutions, or represent the association within the limits of the by-laws. But the power to discipline or terminate a member usually belongs to:

the board of directors or board of trustees, if the by-laws validly give that power;
the general membership, if the by-laws require membership approval;
a disciplinary committee, if properly created under the by-laws;
a government body or tribunal, in some regulated organizations; or
the procedure stated in the association’s governing documents.

For SEC-registered non-stock corporations, the Revised Corporation Code provides that membership is terminated only “in the manner and for the causes” stated in the articles of incorporation or by-laws, and termination extinguishes membership rights unless the articles or by-laws provide otherwise. (Supreme Court E-Library)

This means a president cannot simply say:

“I remove you as a member effective today.”

That statement is usually not enough. The association must point to a rule, follow the required process, and show that the decision was made by the proper body.

What “Due Process” Means in an Association Case

In ordinary language, due process means you are treated fairly before your rights are taken away.

In association disputes, due process usually requires:

Notice — you must be informed of the specific charge, violation, unpaid obligation, or ground for discipline.
Access to the rule being used against you — the association should identify the by-law, house rule, board resolution, or law allegedly violated.
Reasonable opportunity to explain — you should be allowed to submit a written explanation, attend a hearing, present receipts or documents, and respond to evidence.
Decision by the proper body — the president alone should not act as complainant, prosecutor, judge, and enforcer.
Written decision or resolution — the result should be recorded in board minutes or a formal resolution.
Notice of the decision — you should receive the decision and be told its effect.
Opportunity to seek reconsideration or appeal, if the by-laws, agency rules, or governing law allow it.

The Supreme Court has repeatedly described the essence of due process as the opportunity to be heard. In Arroyo v. Rosal Homeowners Association, Inc., involving members of a homeowners’ association, the Court rejected the due process claim because the records showed a board resolution, notices of expulsion, and an opportunity to be heard; the members had refused to receive notices and later had the chance to present their side in court. (Supreme Court E-Library)

The key lesson from that case is not that associations may expel freely. The lesson is the opposite: if an association wants to discipline or expel members, it should be able to show notices, by-law authority, board action, and a fair chance for the member to answer.

Legal Basis Under Philippine Law

SEC-Registered Non-Stock Associations

Many clubs, civic organizations, religious groups, professional associations, alumni associations, sports clubs, and village associations are registered as non-stock corporations with the Securities and Exchange Commission.

Under the Revised Corporation Code, a corporation may adopt by-laws, and by-laws may include the manner of calling meetings, quorum, voting, officer terms, penalties for violations, and other governance matters. By-laws become effective only upon SEC certification, and amended by-laws are likewise effective only after SEC certification. (Supreme Court E-Library)

For non-stock corporations:

members generally have voting rights unless limited, broadened, or denied in the articles or by-laws;
membership rights are personal and non-transferable unless the articles or by-laws say otherwise; and
termination of membership must follow the causes and manner stated in the articles or by-laws. (Supreme Court E-Library)

So if the by-laws say that a member may be expelled only after written notice, investigation, and a two-thirds board vote, those steps matter. If the by-laws are silent, vague, or inconsistent with law, the president should not invent a punishment.

Homeowners’ Associations

For homeowners’ associations, Republic Act No. 9904, or the Magna Carta for Homeowners and Homeowners’ Associations, is especially important. Section 9 states that the by-laws must provide guidelines and procedures for determining who is a delinquent member or member not in good standing, and that the right to due process must be observed when administrative sanctions are imposed. (Supreme Court E-Library)

This matters in common situations such as:

unpaid association dues;
refusal to pay special assessments;
alleged violation of subdivision rules;
disputes over vehicle stickers or gate access;
exclusion from voting in HOA elections;
denial of access to facilities;
declaration that a member is “not in good standing.”

A homeowners’ association can usually impose reasonable rules, collect dues, and discipline members, but it must follow RA 9904, its by-laws, and fair procedure.

For HOA disputes, jurisdiction is usually with the Human Settlements Adjudication Commission (HSAC), which inherited the adjudicatory functions previously associated with the HLURB. The Supreme Court has clarified that intra-association disputes within homeowners’ associations fall under HLURB jurisdiction, now HSAC, while intra-corporate controversies in SEC-registered corporations fall under the RTC acting as a special commercial court. (Supreme Court E-Library)

Condominium Corporations

Condominium corporations are different from ordinary associations because membership is usually tied to ownership of a condominium unit. Under the Condominium Act, when the common areas are held by a condominium corporation, that corporation acts as the management body, and membership or stockholding is not transferable separately from the unit. A person who ceases to own a unit automatically ceases to be a member or stockholder of the condominium corporation. (Supreme Court E-Library)

This means a condominium board or president normally cannot “remove” a unit owner from membership while that person still owns the unit, unless a specific legal basis exists. The corporation may impose penalties, restrict certain privileges under the master deed or by-laws, or pursue collection, but it cannot simply erase ownership-based membership by personal decision.

Civil Code Protection Against Abuse of Rights

Even when an officer has some authority, that authority must be exercised in good faith. Articles 19, 20, and 21 of the Civil Code require every person to act with justice, give everyone their due, observe honesty and good faith, and compensate another for damage caused contrary to law, morals, good customs, or public policy. (Lawphil)

This is important where the removal appears to be:

retaliation for asking for financial records;
punishment for opposing the president in an election;
discrimination or selective enforcement;
based on a fabricated delinquency;
done to silence criticism; or
carried out publicly in a way that harms reputation.

The Supreme Court has explained the abuse of rights doctrine under Article 19 as involving a legal right or duty exercised in bad faith for the sole intent of prejudicing or injuring another. (Supreme Court E-Library)

Member, Officer, or Trustee: Know What Was Actually Removed

People often use the word “removed” loosely. Legally, there are different kinds of removal.

What was taken away?	Usual legal issue	Who usually has authority?
Membership itself	Expulsion or termination of membership	Body stated in by-laws; board or members, depending on rules
Voting right	Good standing, delinquency, membership class, election rules	By-laws, board, election committee, or agency/court
Position as officer	Removal from appointed or elected office	By-laws, board, or members depending on office
Seat as director/trustee	Removal from board	Members, usually by required vote and notice
Access to facilities	Enforcement of rules, dues, safety, discipline	Board or management under by-laws/house rules
Gate access or stickers	HOA/condo rules, property rights, safety	HOA/condo corporation, subject to law and due process

A director or trustee is different from an ordinary member. Under the Revised Corporation Code, a director or trustee may be removed by a vote of stockholders or, in a non-stock corporation, at least two-thirds of the members entitled to vote, at a meeting with previous notice of the intention to propose removal. (Supreme Court E-Library)

So if the president says, “I removed you from the board,” check the by-laws and the law. If you are an elected trustee, removal usually requires a properly called meeting and the required membership vote.

When Can an Association Validly Remove or Discipline a Member?

An association may have valid grounds to discipline or remove a member, but only if the grounds are lawful and stated in the governing documents.

Common valid grounds may include:

serious or repeated violation of by-laws;
non-payment of dues after demand and opportunity to pay or contest;
fraud in applying for membership;
conduct harmful to the association, if clearly defined;
loss of qualification for membership;
transfer or sale of property where membership is tied to ownership;
death, resignation, or withdrawal;
violation of cooperative, club, condominium, or subdivision rules.

But vague accusations are dangerous. Grounds like “disloyalty,” “disrespect,” “causing trouble,” or “not supporting the president” may not be enough unless the by-laws clearly define the violation and the evidence supports it.

An association should not use discipline to punish lawful criticism, prevent inspection of records, silence opposition candidates, or control elections.

A Proper Step-by-Step Process Before Removing a Member

A fair Philippine association process usually looks like this:

Check the governing documents

The board should review the articles of incorporation, by-laws, house rules, membership agreement, deed restrictions, master deed, or cooperative rules.
Confirm the specific violation

The association should identify exactly what happened, when it happened, who witnessed it, and what rule was allegedly violated.
Issue a written notice or show-cause letter

The letter should state:
- the specific charge;
- the rule allegedly violated;
- the possible penalty;
- the deadline to answer;
- the hearing date, if any;
- the documents or amount involved, such as a statement of unpaid dues.
Give reasonable time to respond

The by-laws may provide a specific period. If not, a reasonable period is often given, commonly 5 to 15 days depending on urgency and complexity.
Hold a hearing or allow a written explanation

A formal trial-type hearing is not always required, but the member should have a real chance to explain, submit proof, question the basis of the charge, and correct errors.
Deliberate without bias

Officers with a direct personal conflict should be careful about participating. If the dispute is between the president and the member personally, the board should avoid making the process look like a personal vendetta.
Issue a board resolution or written decision

The decision should state the facts, rule violated, penalty, vote, effective date, and remedies available.
Serve the decision properly

Delivery may be personal, by registered mail, courier, email, or another method allowed by the by-laws. Keep proof of service.
Allow reconsideration or appeal if available

Some by-laws allow appeal to the general membership. Some agency rules provide administrative remedies. The member should act quickly because deadlines may be short.
Implement only what the decision lawfully allows

The association should not impose extra punishments not stated in the decision or by-laws.

What You Should Do If You Were Removed Without Due Process

If you were told that you are no longer a member, do not rely only on verbal arguments in the guardhouse, Viber group, or Facebook thread. Build a paper trail.

1. Ask for the legal basis in writing

Send a calm written request asking for:

the board resolution removing or suspending you;
the specific by-law or rule invoked;
minutes of the meeting where the action was approved;
statement of account, if delinquency is alleged;
proof that notice was sent to you;
the procedure for reconsideration or appeal.

2. Request temporary restoration of rights

If your voting right, sticker, access card, or use of common facilities was removed without notice, ask that your rights be restored while the issue is being reviewed.

3. Preserve evidence

Save:

screenshots of messages;
demand letters;
receipts of dues and assessments;
notices from guards or management;
minutes, circulars, and election documents;
proof of attempts to pay;
videos or photos, if relevant;
copies of by-laws and house rules.

4. File an internal appeal or motion for reconsideration

Use the procedure in the by-laws. Keep the tone factual. Avoid insults. State:

you were removed without notice or hearing;
the president had no authority to act alone;
the by-laws were not followed;
you are willing to settle valid dues or comply with lawful rules;
you reserve your right to file the proper administrative or court action.

5. Identify the correct forum

The correct place to complain depends on the association type.

Association type	Usual forum for disputes
SEC-registered non-stock corporation	RTC designated as Special Commercial Court for intra-corporate disputes
Homeowners’ association	HSAC for intra-association disputes and RA 9904 issues
Condominium corporation	Often HSAC for real estate/condominium-related disputes, or RTC Special Commercial Court for corporate issues depending on the nature of the case
Cooperative	Cooperative Development Authority procedures may apply
Purely personal harassment, threats, defamation, or property damage	Barangay, prosecutor’s office, or regular courts depending on facts

In Subic Bay Golf and Country Club, Inc., the Supreme Court explained that intra-corporate disputes are generally within the jurisdiction of the designated Regional Trial Courts, while the SEC retains regulatory and administrative authority for violations within its mandate. (Supreme Court E-Library)

For homeowners’ associations, the Supreme Court in Francisco v. Del Castillo emphasized that violations of RA 9904 are generally administrative matters within HLURB/HSAC jurisdiction, while separate court actions may exist only when there is an accompanying violation of the Revised Penal Code, Civil Code, or other laws. (Supreme Court E-Library)

Documents You Should Gather

Document	Why it matters
Articles of incorporation or association	Shows the association’s legal purpose and structure
By-laws certified by SEC, DHSUD/HSAC, CDA, or the proper registry	Shows who can discipline members and what process is required
House rules or subdivision/condo rules	Shows the alleged rule violated
Board resolutions	Shows whether the board, not just the president, acted
Minutes of meetings	Shows quorum, vote, notice, and discussion
Membership records	Shows whether you were a member in good standing
Receipts and statement of account	Important if delinquency or non-payment is alleged
Demand letters and notices	Shows whether notice was actually given
Screenshots and emails	Useful when removal was announced informally
ID, title, lease, deed of sale, or award documents	Shows your connection to the property or association
Special Power of Attorney	Needed if someone else will act for you

If you are abroad, documents signed outside the Philippines may need notarization and, depending on the country, an apostille or consular authentication. The DFA explains that Philippine embassies and consulates no longer authenticate documents originating from Apostille countries; those documents need the apostille from the issuing country. (Apostille Pilipinas)

Common Scenarios

The president removed me because I questioned the financial statements

Questioning association finances is not, by itself, a valid ground for expulsion. Members often have rights to inspect records depending on the type of association and its governing law. If the removal followed your request for records, it may indicate bad faith or retaliation.

I did not pay dues, so they removed me immediately

Non-payment can be a valid ground for sanctions if the by-laws allow it. But for homeowners’ associations, RA 9904 requires by-laws to provide procedures for delinquent members, and due process must be observed when administrative sanctions are imposed. (Supreme Court E-Library)

A fair process usually includes a statement of account, demand, chance to contest charges, and written decision.

They said I refused to receive notice

Refusing to receive a valid notice may not protect you. In Arroyo v. Rosal Homeowners Association, Inc., the Court noted that notices were sent but refused, and the expulsion was supported by a board resolution and by-laws. (Supreme Court E-Library)

If you receive a notice, accept it, mark the date, and respond on time.

They removed me from the Viber group and said I am no longer a member

Removal from a chat group is not the same as legal termination of membership. Ask for the written board resolution and by-law basis. If there is none, the association may have difficulty proving valid expulsion.

The guard was instructed not to let me enter

This is serious, especially if the association controls access to your home, unit, or lawful property. Ask for the written basis immediately. If safety, property access, harassment, or coercion is involved, the issue may go beyond internal association discipline.

I am a foreigner. Do I have the same due process rights?

Generally, yes. If you are a lawful member, unit owner, lessee-member, or recognized participant under the by-laws, you should be given the process required by law and the governing documents. However, foreigners should be careful about property-based membership rules. For example, foreigners may own condominium units subject to Philippine law, but land ownership is constitutionally restricted, and some HOA membership rights may depend on ownership, lease terms, developer rules, or an award arrangement.

Practical Timelines

Timelines vary widely because by-laws differ, agencies have caseloads, and urgent cases may require provisional remedies.

Stage	Typical practical timing
Request for documents from association	A few days to a few weeks, depending on cooperation
Internal show-cause period	Often 5 to 15 days if by-laws are silent or similar periods are used
Board hearing and resolution	Often one board meeting cycle, but may be faster for urgent matters
SEC document request	SEC Express states that requested SEC documents may be delivered within 3 to 5 working days from release by the SEC for delivery. (SEC Express)
HSAC or RTC dispute	Can take months or longer depending on complexity, service of summons, mediation, hearings, appeals, and backlog
Urgent court or agency relief	Depends on the forum, urgency, evidence, and whether the remedy is legally available

Do not wait too long. Election disputes, access restrictions, suspension of voting rights, and appeal periods can move quickly.

Red Flags That the Removal May Be Invalid

A removal or expulsion is legally vulnerable when:

there is no written charge;
there is no cited by-law or rule;
the president acted alone;
there was no board meeting or quorum;
minutes or resolutions are missing;
you were not given a chance to answer;
the penalty is not found in the by-laws;
the same rule is enforced only against critics;
the decision was announced publicly before any hearing;
the president had a personal conflict with you;
the association refuses to provide records;
the removal was timed before an election;
access to your own home or unit was blocked without lawful basis.

Remedies That May Be Available

Depending on the facts, possible remedies include:

internal appeal or reconsideration;
request for inspection of records;
complaint before HSAC for HOA disputes;
RTC Special Commercial Court case for intra-corporate disputes;
injunction or temporary restraining relief in urgent cases, if legally available;
reinstatement of membership rights;
recognition of voting rights;
nullification of board action or election results;
damages under the Civil Code, if bad faith or abuse of rights caused injury;
administrative fines or sanctions against erring HOA officers in proper cases;
criminal complaint only if there is a separate criminal act, such as threats, coercion, falsification, unjust vexation, libel, or similar offense supported by facts.

A removal without due process is not automatically a criminal case. For homeowners’ associations, the Supreme Court has stressed that RA 9904 violations are generally administrative unless accompanied by a separate violation of the Revised Penal Code, Civil Code, or other laws. (Supreme Court E-Library)

Frequently Asked Questions

Can an association president remove a member by verbal notice?

Usually no. Verbal notice is not enough to terminate membership. The association should have a written basis, proper authority, and proof that the required process was followed.

Can a member be removed for not paying association dues?

Yes, but only if the by-laws or governing rules allow it and due process is observed. For homeowners’ associations, RA 9904 specifically requires procedures for delinquent members and observance of due process before administrative sanctions are imposed. (Supreme Court E-Library)

What if the by-laws say the board can expel members?

Then the board may have authority, but it must still follow the by-laws and basic fairness. A board power to expel is not a license for arbitrary removal.

Is a hearing always required?

A full trial-type hearing is not always required. But the member must have a real opportunity to explain. For serious penalties like expulsion, suspension of voting rights, or loss of access to important facilities, a written notice and meaningful chance to respond are strongly important.

Can the president suspend my voting rights before an election?

Only if the by-laws or applicable rules allow it and the process is fair. Sudden suspension before an election is a common red flag, especially if it affects the result or targets opposition members.

Can an HOA block my vehicle sticker or gate access?

An HOA may regulate access for safety, security, and collection-related rules, but it must act within RA 9904, the by-laws, and due process. It should be especially careful if the restriction prevents lawful access to a home or property.

Can I ignore the notice if I think the process is unfair?

Do not ignore it. Accept the notice, keep a copy, write the date received, and respond on time. Refusing to receive notices may weaken your due process argument later.

Where do I file a complaint against a homeowners’ association?

For most intra-association disputes involving an HOA, the proper forum is HSAC. The Supreme Court has recognized that intra-association disputes within homeowners’ associations fall under HLURB jurisdiction, now HSAC. (Supreme Court E-Library)

Where do I file a complaint against an SEC-registered non-stock association?

If the dispute is an intra-corporate controversy involving membership rights, corporate acts, board action, or by-laws, it is generally filed with the proper Regional Trial Court acting as a Special Commercial Court. The SEC may still handle regulatory or administrative matters within its authority. (Supreme Court E-Library)

Can I recover damages if I was illegally removed?

Possibly, if you can prove bad faith, abuse of rights, actual injury, or another legal basis. Civil Code Articles 19, 20, and 21 may apply where rights are exercised unfairly, dishonestly, or contrary to law or public policy. (Lawphil)

Key Takeaways

An association president generally cannot remove a member by personal decision alone.
Membership termination must follow the articles, by-laws, and applicable Philippine law.
Due process usually means written notice, a specific charge, chance to explain, proper decision-maker, and written resolution.
For non-stock corporations, the Revised Corporation Code requires termination to follow the causes and manner stated in the articles or by-laws.
For homeowners’ associations, RA 9904 requires due process when administrative sanctions are imposed on delinquent or not-in-good-standing members.
HOA disputes usually go to HSAC; SEC-registered intra-corporate disputes usually go to the RTC Special Commercial Court.
Keep documents, receipts, notices, screenshots, and by-laws before taking action.
If the removal was retaliatory, selective, undocumented, or done by the president alone, it may be challenged.