In most Philippine homeowners associations, the board cannot validly impose or increase association dues on its own if the dues, fees, or special assessments were not authorized by the association’s bylaws and approved by the required majority of members. But if the dues are already provided in the approved bylaws, annual budget, schedule of fees, or a previously valid general assembly resolution, the HOA may usually continue collecting them without asking members to vote every month.

The practical issue is not simply “Can the HOA collect?” The better question is: Was the due properly authorized, reasonable, transparent, and collected with due process? This article explains how Philippine law treats HOA dues, when member approval is required, what a homeowner can ask from the board, and what remedies are available before the DHSUD, HSAC, barangay, or courts.

What Are Homeowners Association Dues?

Association dues are regular amounts charged by a homeowners association to fund the ordinary expenses of the subdivision, village, or housing community.

These usually cover:

Security guards
Street lighting
Garbage collection
Cleaning and maintenance of roads, parks, playgrounds, drainage, and open spaces
Administrative expenses of the HOA
Repairs and maintenance of common facilities
Insurance, permits, accounting, and similar operating costs

Under Republic Act No. 9904, or the Magna Carta for Homeowners and Homeowners’ Associations, “basic community services and facilities” include services such as security, street and vicinity lights, maintenance and cleaning of streets, and garbage disposal. The law recognizes that homeowners benefit from these services, but it also requires HOAs to operate through proper governance, transparency, and member participation.

You can read the official text of Republic Act No. 9904 on the Supreme Court E-Library.

The Short Answer: Can HOA Dues Be Collected Without Member Approval?

Usually, no — not if the HOA is imposing new dues, increasing existing dues, or collecting a special assessment that was never approved in the manner required by law and the bylaws.

However, yes — the HOA may collect without a fresh vote each time if the dues were already validly authorized before, such as when:

The dues are stated in the approved bylaws;
The dues were approved by the members in a valid general assembly;
The dues are part of a duly approved schedule of fees or annual budget;
The collection follows the HOA’s governing documents;
The amount is reasonable and connected to legitimate community expenses.

The board’s job is to manage the HOA. But the board does not own the HOA. It acts for the association and must follow the law, the bylaws, and the decisions requiring member approval.

Legal Basis Under RA 9904

RA 9904 is the main Philippine law governing homeowners associations.

Members Have a Duty to Pay Valid Dues

Section 8 of RA 9904 states that a member has the duty:

To pay membership fees, dues, and special assessments;
To attend association meetings;
To support and participate in association projects and activities.

This means a homeowner who is a valid association member generally cannot say, “I do not want to pay anything,” if the dues were legally imposed.

But the key word is valid. The duty to pay does not give the board unlimited authority to invent new charges.

The Board May Collect Only Dues Provided in the Bylaws and Approved by Members

Section 12 of RA 9904 states that the board has the duty to collect the fees, dues, and assessments that may be provided for in the bylaws and approved by a majority of the members.

This is one of the most important rules for homeowners asking whether HOA dues can be collected without member approval.

In plain English:

The dues must be supported by the HOA’s bylaws or governing documents.
The dues must be approved by the required majority of members.
The board’s role is to collect and implement, not to unilaterally create unauthorized dues.

Bylaws Must State How Dues Are Imposed or Increased

Section 15 of RA 9904 requires the association bylaws to provide for the dues, fees, and special assessments to be imposed on a regular basis, and the manner in which they may be imposed and/or increased.

This means every properly governed HOA should have rules on:

What dues may be collected;
How much may be collected or how rates are determined;
When dues are due;
How increases are approved;
Whether special assessments may be imposed;
What notice and voting requirements apply.

If the bylaws are silent, unclear, outdated, or ignored, disputes often arise.

What Counts as “Member Approval”?

RA 9904 uses the concept of simple majority, which generally means 50% plus 1 of the total number of association members, unless the law, bylaws, or applicable rules require a different threshold for a specific act.

In HOA practice, member approval is usually shown by:

Proof of Approval	Why It Matters
Notice of meeting	Shows members were informed of the meeting and agenda
Attendance sheet	Shows who attended and whether quorum was present
Proxies	Shows authorized representatives, if allowed by the bylaws
Board resolution	Shows the board proposed or implemented the measure
General assembly minutes	Shows the discussion, motion, vote, and result
Approved budget or schedule of dues	Shows the basis for collection
Secretary’s certificate	Often used to certify member approval
Amended bylaws, if applicable	Required if the dues structure itself was changed

A mere announcement in a Viber group, Facebook post, guardhouse memo, or billing statement is usually not enough to prove valid member approval if the matter legally required a vote.

When the Board Can Collect Without a New Vote

The board does not need to hold a general assembly every time it sends monthly or annual billing statements.

Collection is usually proper without a fresh vote if:

The dues were already approved in the bylaws or a valid members’ meeting.
The board is simply collecting the same authorized rate.
The charges are ordinary recurring expenses already covered by the approved budget.
The billing follows the schedule and procedure previously approved by the members.
The homeowner is a member or otherwise legally bound by the deed of restrictions, contract, award, or governing documents.

For example, if the members approved monthly dues of ₱800 in a valid general assembly and the board sends monthly statements for ₱800, the board does not need to call a new vote every month.

When Member Approval Is Usually Required

Member approval is generally required when the HOA wants to:

Increase regular association dues;
Impose a new monthly or annual charge;
Collect a special assessment for a major project;
Amend the bylaws to change the dues structure;
Approve a new budget that substantially changes member obligations;
Extend or renew deed restrictions affecting mandatory membership or payment obligations;
Impose charges not previously covered by the bylaws or approved resolutions.

A common example is a board raising dues from ₱500 to ₱1,500 per month because security costs increased. The reason may be legitimate, but the board should still follow the approval process in the bylaws and RA 9904.

Regular Dues vs. Special Assessments vs. User Fees

Not all HOA charges are the same.

Type of Charge	Usual Purpose	Is Member Approval Needed?
Regular association dues	Monthly or annual operating expenses	Yes, if imposed or increased; no fresh vote if already validly approved
Special assessment	One-time or temporary charge for a specific project or emergency	Usually yes, especially if not already authorized
Membership fee	Fee connected to becoming a member	Must be authorized by bylaws or approved schedule
User fee	Fee for use of clubhouse, pool, parking, stickers, facilities, or services	Must be reasonable and supported by bylaws, rules, or approval
Penalty or late fee	Charge for late payment or violation	Must follow a previously established schedule and due process

RA 9904 allows an HOA to impose or collect reasonable fees for the use of open spaces, facilities, and services to defray necessary operational expenses, subject to law, government regulations, and the bylaws.

This is why a clubhouse rental fee, parking sticker fee, or facility-use fee may be treated differently from regular monthly dues. But even user fees must still be reasonable, transparent, and properly authorized.

What If the Homeowner Did Not Attend the Meeting?

A homeowner may still be bound by a validly approved resolution even if he or she did not attend the meeting, provided that:

Proper notice was given;
The meeting had quorum;
Voting followed the bylaws;
The required majority approved the dues;
The resolution does not violate RA 9904 or other laws.

Not attending a properly called general assembly does not automatically exempt a member from paying validly approved dues.

However, if the homeowner was not properly notified, the meeting lacked quorum, proxies were irregular, or the minutes do not reflect a valid vote, the collection may be questioned.

Can an HOA Collect Dues From Non-Members?

This is one of the most common sources of conflict in Philippine subdivisions.

RA 9904 prohibits compelling a homeowner to join an HOA, without prejudice to obligations arising from:

The deed of restrictions;
Extensions or renewals approved by the required majority;
The contract to purchase the lot;
An award or tenurial arrangement in socialized housing or similar projects.

This means the answer depends heavily on the documents.

If the homeowner is a member

A member has the legal duty to pay valid membership fees, dues, and special assessments.

If the homeowner is not a member but benefits from services

The HOA may argue that the person benefits from security, garbage collection, lighting, and maintenance. In some situations, the HOA may collect reasonable service-related charges if supported by the governing documents, deed restrictions, contracts, DHSUD rules, or applicable arrangements.

But the HOA should be careful not to label everything as “membership dues” if the person is not a member.

If the buyer inherited unpaid dues from a previous owner

As a practical matter, many HOAs ask new buyers to settle unpaid dues before issuing clearances. But whether the buyer is legally liable for the previous owner’s unpaid dues depends on the deed of sale, HOA documents, title annotations, deed restrictions, and any written undertaking.

A buyer should always ask for an HOA clearance before purchasing a subdivision lot or house.

Can the HOA Cut Water, Block Entry, or Deny Services for Non-Payment?

This is where many HOAs get into trouble.

RA 9904 allows an association to suspend privileges or services and impose sanctions for violations or noncompliance with bylaws and rules. But it also requires due process, meaning fair notice and an opportunity to be heard.

The board should not immediately punish a homeowner without following procedure.

Before sanctions, the HOA should generally provide:

A written statement of account;
A written demand or notice of delinquency;
The legal or bylaw basis for the charge;
A chance to dispute the billing or request reconciliation;
A hearing or board-level process if sanctions will be imposed;
A written decision or resolution.

RA 9904 also prohibits depriving a homeowner of basic community services and facilities when the homeowner has paid the dues, charges, and fees for those services.

For essential utilities such as water or electricity, the HOA must be especially careful. If the utility is operated by a separate provider or public utility, the HOA generally should not interfere without clear legal authority. Wrongful disconnection or obstruction may expose officers to administrative, civil, or even criminal complaints depending on the facts.

What Homeowners Should Check Before Refusing to Pay

Before refusing payment completely, review the documents and facts. A total refusal may cause penalties, loss of good-standing status, or a collection case if the dues are later found valid.

Ask for these documents:

Document	What to Look For
Certificate of HOA registration	Confirms the association’s legal personality
Articles of incorporation or association	Shows the HOA’s purposes and coverage
Bylaws	Shows how dues are imposed, increased, and collected
Deed of restrictions	May show obligations attached to the property
General assembly notice	Shows whether members were properly informed
Minutes of meeting	Shows whether dues were discussed and approved
Attendance and proxy records	Shows quorum and voting
Board resolutions	Shows board action and implementation
Approved budget	Shows why the dues are needed
Financial statements	Shows income, expenses, and fund balances
Schedule of penalties	Shows late fees and sanctions
Statement of account	Shows the computation of alleged unpaid dues

Members have the right under RA 9904 to inspect association books and records during office hours and to be provided annual reports, including financial statements, upon request.

Practical Step-by-Step Guide if You Dispute HOA Dues

1. Ask for the legal and documentary basis

Write a polite letter or email to the board or property manager asking for:

The bylaw provision authorizing the dues;
The general assembly resolution approving the amount;
The minutes and attendance sheet of the meeting;
The approved annual budget;
A detailed statement of account;
The schedule of penalties and interest, if any.

Keep proof that you sent the request.

2. Compare the billing with the approved documents

Check whether:

The amount billed matches the approved rate;
The period covered is correct;
Penalties were computed according to the approved schedule;
Payments you already made were credited;
The charge is regular dues, a special assessment, or a user fee;
The HOA is charging for services it does not actually provide.

3. Pay undisputed amounts, if possible

If part of the billing is clearly valid, consider paying the undisputed portion and writing “under protest” for the disputed part.

This helps show good faith and may prevent the HOA from treating you as completely delinquent.

4. Use the HOA grievance or mediation process

RA 9904 requires bylaws to provide mechanisms such as grievance, audit, conciliation, or mediation processes.

Ask for your dispute to be placed on the agenda of the board or grievance committee.

5. Raise the issue in the general assembly

If many homeowners are affected, request that the issue be discussed in a regular or special general assembly.

Under the 2024 Revised Implementing Rules and Regulations of RA 9904, special meetings may be called as provided in the bylaws or upon petition by the required percentage of members in good standing. In practice, homeowners usually need to gather signatures, submit a written petition to the board, and identify the specific agenda.

6. Go to DHSUD for regulatory concerns

The Department of Human Settlements and Urban Development (DHSUD) now handles many regulatory and supervisory functions over HOAs that were previously associated with the HLURB, after the creation of DHSUD under Republic Act No. 11201.

You may approach the DHSUD regional office for concerns such as:

HOA registration;
Compliance with RA 9904;
Governance issues;
Failure to provide records;
Questions on bylaws or required filings;
Complaints about improper HOA practices.

You can read the official DHSUD overview of Republic Act No. 11201.

7. File the proper case with HSAC if there is a dispute

The Human Settlements Adjudication Commission (HSAC) handles adjudicatory disputes involving homeowners associations, including intra-association disputes and disputes involving the rights and obligations of HOAs and their members.

Under RA 11201, the former HLURB adjudicatory function was reconstituted into the HSAC. The Supreme Court has also recognized the shift of adjudicatory functions to HSAC in cases involving housing and HOA disputes.

The Supreme Court decision in Park Developers, Inc. v. Daclan, G.R. No. 211301 discusses the transfer of relevant adjudicatory functions under RA 11201 and the jurisdictional framework for housing-related disputes.

Barangay, DHSUD, HSAC, or Court: Where Should You Go?

Concern	Possible Forum
Simple neighbor-to-neighbor dispute	Barangay conciliation, if parties are in the same city or municipality
Request for HOA records or regulatory compliance	DHSUD regional office
HOA registration or governance issue	DHSUD
Dispute between HOA and member over dues, rights, obligations, election, or internal affairs	HSAC
Collection case filed by HOA	HSAC or court, depending on nature and jurisdiction
Criminal acts such as falsification, threats, coercion, or misappropriation	Prosecutor’s office or proper court
Civil damages or injunction beyond HOA regulatory issues	Regular courts, depending on the case

Barangay conciliation under the Katarungang Pambarangay system may be required for certain disputes between individuals living in the same city or municipality, but many HOA disputes involving the association as a juridical entity, corporate governance, or matters within HSAC jurisdiction may need to go directly to the appropriate agency or tribunal.

Common Real-Life Scenarios

Scenario 1: The board increased dues without a general assembly

If the bylaws require member approval and no valid vote was held, homeowners may question the increase. Ask for the minutes, resolution, attendance, proxies, and budget. If none exist, the board may have difficulty proving the increase is valid.

Scenario 2: The HOA says “inflation” justifies the increase

Higher costs may justify an increase, but justification is not the same as authority. The board should still follow the approval process required by the bylaws and RA 9904.

Scenario 3: The homeowner refuses to pay because the HOA is corrupt

Suspected misuse of funds does not automatically erase all dues. A better approach is to request financial records, demand an audit, raise the issue with the members, and file the proper complaint if records are withheld or funds are misused.

Scenario 4: The HOA charges penalties that were never approved

Late fees and penalties should be based on a previously established schedule adopted under the bylaws and furnished to homeowners. Arbitrary penalties may be questioned.

Scenario 5: A foreigner owns the house structure but not the land

Foreigners generally cannot own private land in the Philippines because of constitutional land ownership restrictions, but they may have interests through leases, corporations subject to nationality limits, condominium units within legal limits, or marital/property arrangements. For HOA dues, the relevant documents are the title, deed of restrictions, lease, contract, and HOA membership records. A foreign resident or lessee may need written authority from the owner to exercise membership rights, unless covered by a special housing arrangement recognized by law.

Scenario 6: An OFW owner receives years of unpaid HOA bills

OFWs often discover arrears only when selling, leasing, or renovating the property. Ask for a complete ledger, proof of approved rates, and the penalty basis. Check whether notices were sent to the correct address. If the amount is large, request reconciliation before paying.

Scenario 7: The developer still controls the HOA

In some subdivisions, disputes arise because the developer, not the homeowners, effectively controls the association or common areas. This may involve turnover issues, open spaces under Presidential Decree No. 1216, DHSUD regulation, and HSAC jurisdiction. Homeowners should document whether the HOA is duly registered, whether elections were properly held, and whether common facilities have been turned over.

What Makes an HOA Collection Legally Strong?

An HOA has a stronger position when it can show:

It is duly registered;
The homeowner is a member or is otherwise legally bound;
The dues are provided in the bylaws or governing documents;
The amount was approved by the required majority;
Proper notice and quorum were observed;
The dues are reasonable and tied to actual community expenses;
Financial statements are available;
The homeowner received accurate statements of account;
Penalties were based on an approved schedule;
Due process was observed before sanctions.

What Makes an HOA Collection Questionable?

A collection may be vulnerable if:

The board cannot show any member approval;
The dues increase was announced only by memo or chat;
No quorum existed during the meeting;
Proxies were irregular or undocumented;
The charge is not in the bylaws or approved budget;
The amount is excessive or unrelated to services;
The HOA refuses to show financial records;
Penalties were invented after delinquency occurred;
The HOA imposed sanctions without notice and hearing;
The HOA collects as if membership is mandatory despite unclear legal basis.

Documents Homeowners Should Keep

If you are disputing HOA dues, keep organized copies of:

Titles, deeds of sale, lease contracts, or awards;
Deed of restrictions;
HOA bylaws and house rules;
All billing statements;
Official receipts;
Bank transfer confirmations;
Demand letters;
Notices of meetings;
Screenshots of announcements;
Emails or letters requesting records;
Minutes or resolutions provided by the HOA;
Photos or videos showing lack of services, if relevant.

For OFWs and foreign owners, it is also practical to keep a notarized special power of attorney if someone in the Philippines will request records, attend meetings, vote by proxy, or handle disputes.

Frequently Asked Questions

Can the HOA board increase dues without a vote?

Generally, the board should not unilaterally increase dues if the bylaws or RA 9904 require member approval. Section 12 of RA 9904 ties collection of dues and assessments to what is provided in the bylaws and approved by a majority of members.

Do homeowners need to approve dues every year?

Not always. If the dues were already approved and remain unchanged, the board may continue collecting them. A new vote is usually needed for increases, new charges, special assessments, or changes required by the bylaws.

What if I never joined the homeowners association?

You may not automatically be liable for “membership dues” if you are not a member. But you may still have obligations under the deed of restrictions, purchase contract, title annotations, service arrangements, or other governing documents. Ask the HOA to identify the exact legal basis for billing you.

Can the HOA refuse to issue a clearance if I have unpaid dues?

Many HOAs require settlement before issuing clearances. This is common in sales, renovations, move-outs, and utility applications. But the amount demanded should be supported by proper records, validly approved dues, and accurate computation.

Can the HOA charge interest or penalties on unpaid dues?

Yes, if penalties or late charges are authorized by the bylaws, rules, or a previously established schedule furnished to homeowners. Arbitrary or retroactive penalties may be challenged.

Can I refuse to pay because the HOA does not provide good services?

Poor service may justify a complaint, audit demand, or challenge to the amount, but it does not always justify total non-payment. A safer approach is to pay undisputed amounts, document service failures, request records, and use the grievance or legal process.

Can an HOA collect special assessments for road repairs or security upgrades?

Yes, if the assessment is authorized by the bylaws and approved through the required process. The HOA should explain the project, cost, contractor, timeline, allocation per homeowner, and liquidation of funds.

Where do I complain about illegal HOA dues?

For regulatory and governance concerns, start with the DHSUD regional office. For actual disputes between the HOA and members involving rights, obligations, dues, elections, or internal affairs, the proper adjudicatory forum is often HSAC.

Can HOA officers be personally liable?

Yes, in serious cases. RA 9904 provides penalties for intentional or grossly negligent violations of the law or member rights. Officers who actually participated in, authorized, or ratified prohibited acts may be held liable.

Are association dues taxable?

RA 9904 recognizes tax exemption for association dues and income from rentals of facilities, provided they are used for cleanliness, safety, security, basic services, and maintenance of subdivision or village facilities. HOAs should still maintain proper books and comply with applicable BIR documentation and reporting requirements.

Key Takeaways

An HOA may collect dues that are validly authorized by its bylaws and approved by the required majority of members.
The board usually cannot impose new dues, increase dues, or collect special assessments without following the approval process.
A fresh vote is not needed for every monthly billing if the dues were already validly approved.
Homeowners have the right to inspect HOA books, records, annual reports, and financial statements.
Penalties and sanctions require a valid basis and due process.
Non-members may raise different issues, but deeds of restriction, contracts, and service arrangements may still create payment obligations.
DHSUD handles many regulatory concerns involving HOAs, while HSAC handles many adjudicatory disputes.
Before refusing to pay, ask for documents, pay undisputed amounts when appropriate, and preserve evidence.