Introduction

Homeowners’ associations (HOAs) in the Philippines play a real governance role in subdivisions and residential communities: they maintain common areas, provide security, collect dues, and issue community rules. But HOAs are not governments. Their powers come from law, their articles and by-laws, and (for many actions) proper board and/or membership approval. When an HOA (or its officers, guards, admin staff, or property manager) imposes new rules, penalties, or fees without a valid board resolution—or without the membership approval required by the by-laws—homeowners have several ways to challenge those actions.

This article explains the Philippine legal context, what “without board resolution” typically means in HOA governance, the strongest legal theories for a challenge, practical step-by-step remedies, and how to protect yourself while the dispute is pending.

This is general legal information for the Philippine context, not legal advice for your specific case. HOA disputes turn heavily on the association’s by-laws, the facts, and the paper trail.

1) Philippine Legal Framework for HOAs (What Governs Them)

A. The Magna Carta for Homeowners and HOAs (RA 9904)

RA 9904 is the primary statute governing many HOAs in subdivisions and similar communities. It generally recognizes:

the rights of homeowners/members (participation, notice, voting, access to records, due process);
the obligations of associations (transparency, proper governance, lawful collections);
government oversight through the housing regulator.

B. DHSUD (Regulatory and Dispute Oversight)

Functions formerly associated with HLURB (for many housing/subdivision governance matters) are now under the Department of Human Settlements and Urban Development (DHSUD). In practice, HOA complaints and disputes are commonly brought to the DHSUD’s regional adjudication mechanisms or mediation/conciliation processes (exact routing varies by case type and local DHSUD office procedures).

C. By-laws, Articles, Master Deed/Restrictions (Your “Constitution”)

Your HOA’s Articles of Incorporation and By-laws (and, when relevant, deed restrictions, master deed, or subdivision plan restrictions) are the main internal legal sources. They typically define:

the board’s powers;
what requires general membership approval;
procedures for meetings, quorum, voting thresholds;
authority to impose dues, assessments, fines, and rulemaking;
required notices and how they must be served.

D. Corporate Rules (If HOA is a Corporation)

Many HOAs are organized as non-stock corporations, and corporate governance principles apply (board acts through resolutions; officers implement; members have rights). Even if you do not cite corporate law explicitly, the basic governance concept is consistent: binding board action must be authorized and properly recorded.

E. Civil Code / Contracts / Torts (Supplemental Theories)

HOA-member relationships also involve contract-like obligations (membership, covenants, by-laws). Civil law principles become relevant when arguing:

abuse of rights, bad faith, harassment;
invalid penalties contrary to law or public policy;
damages from unlawful enforcement.

F. Local Processes (Barangay Conciliation)

Many neighbor/community disputes require barangay conciliation before court (with exceptions). HOA disputes sometimes implicate this—especially when the issue is essentially interpersonal or local and the parties are within the same locality. But disputes involving a juridical entity (the HOA) and matters under the housing regulator’s jurisdiction may be handled differently. Still, barangay mediation can be strategically useful for early settlement even when not strictly mandatory.

2) What “Without Board Resolution” Usually Means (And Why It Matters)

A board resolution is the formal recorded action of the board of directors/trustees, typically adopted in a meeting with quorum (or via written consent if allowed), then documented in minutes/resolution form.

When homeowners say “no board resolution,” the situation usually falls into one or more categories:

A rule or fee is announced by the president/manager/security without any board vote.
A “memo” is issued by admin/guardhouse with no reference to board action.
A penalty/fine schedule appears without being adopted under by-law procedures.
A special assessment is demanded without board approval and/or without required member approval.
The HOA claims there is a resolution but refuses to show it, or the “resolution” is defective (no quorum, improper notice, not in minutes, signed by unauthorized persons, etc.).

Why it matters: HOA authority is not based on whoever is loudest or holds office. A fee or rule can be invalid if it was not adopted by the proper body (board vs. general membership) and through the procedures required by law and by-laws.

3) Distinguish the HOA Action You’re Challenging (Rules vs. Fees vs. Penalties)

Different HOA actions require different approvals.

A. Community Rules / Regulations (Behavior and Use Restrictions)

Examples: parking rules, pet rules, gate access protocols, construction restrictions, noise limits, clubhouse rules.

Key question: Does the by-laws delegate rulemaking to the board?

Many by-laws allow the board to adopt “reasonable rules” for common areas and community order.
Even then, rules typically must be: reasonable, non-discriminatory, consistent with law and by-laws, properly promulgated, and implemented with due process.

What “no resolution” means here: If rulemaking is delegated to the board, you normally expect a board approval reflected in minutes/resolution. If the rule affects substantive rights (e.g., bans rentals, imposes major restrictions), it may require membership approval depending on the by-laws and the nature of the restriction.

B. Regular Dues (Periodic Association Dues)

Examples: monthly dues for maintenance/security; typical operating assessments.

Usually supported by:

an approved annual budget;
an assessment scheme in the by-laws;
a board resolution approving the budget (and sometimes membership approval, depending on by-laws).

If the HOA suddenly raises dues mid-year without process, the challenge often targets:

absence of proper budgeting;
lack of board action;
lack of required member approval;
lack of financial transparency.

C. Special Assessments (One-Time or Extraordinary Charges)

Examples: roof repairs for a facility, major perimeter fence project, generator purchase, capital expenditures.

Special assessments are more likely to require:

a board resolution proposing the assessment, and
general membership approval (depending on by-laws, amount, purpose, and the association’s governing documents).

This is one of the most common “illegal fee” scenarios: a large one-time assessment imposed by officers without proper votes.

D. Fines, Penalties, Surcharges, Interest, “Admin Fees”

Examples: late-payment charges, violation fines, towing fees, sticker fees, gate pass fees.

The most vulnerable charges are those that look like punishment rather than reimbursement:

If the by-laws don’t authorize fines, or don’t authorize the board to set a fine schedule, the HOA may not lawfully impose them.
Even if authorized, due process is critical (notice, hearing/opportunity to explain, written decision, appeal mechanism if provided).

4) Common Legal Grounds to Challenge HOA Rules/Fees Without Proper Board Action

Below are the strongest theories homeowners use in Philippine HOA disputes. You can combine several.

Ground 1: Ultra Vires (Beyond HOA Authority)

If the HOA does something not authorized by law/by-laws (e.g., inventing a fee category or imposing a restriction that contradicts the governing documents), the act can be attacked as ultra vires.

Ground 2: Violation of By-laws / Procedure

Even if the HOA has the power in principle, it must follow procedure:

board meeting notice requirements;
quorum and vote requirements;
member approval thresholds for dues/special assessments;
publication/notice of rules and effectivity dates.

A fee imposed with no valid resolution and no recorded board action is often procedurally defective.

Ground 3: Denial of Due Process

For penalties and enforcement actions:

no notice of violation;
no chance to be heard;
arbitrary enforcement;
penalties imposed by guards/admin without board authority.

Due process arguments are especially strong when the HOA is restricting access, imposing fines, or publicly shaming/harassing a homeowner.

Ground 4: Unreasonableness / Arbitrary or Discriminatory Rules

Even board-approved rules can be challenged if:

patently unreasonable or not tied to legitimate HOA purposes;
discriminatory (selective enforcement; targeting a homeowner class);
contrary to public policy or law.

Ground 5: Lack of Transparency / Improper Use of Funds

When dues/assessments are demanded without documentation, homeowners can demand:

budgets, financial statements, audit reports;
board minutes/resolutions authorizing collections;
project costings, bids, contracts.

Failure or refusal can support regulatory complaints and can undermine collection enforcement.

Ground 6: Improper Delegation

Sometimes the board improperly “delegates” rulemaking or fee-setting to a property manager or officers without written authority. If your by-laws require the board itself to approve fees, the manager cannot invent them.

5) What Proof to Gather (Win on Paper)

Before escalating, build a clean record:

Copy of the HOA by-laws and articles (and deed restrictions/master deed if applicable).
The written notice/memo imposing the rule/fee/penalty (screenshots, photos of bulletin boards, Viber/FB group posts, emails).
Demand letters/billing statements showing amounts, dates, descriptions.
Proof you requested the resolution and the HOA’s response/refusal.
Proof of selective enforcement (if applicable): similar violations ignored for others.
Minutes/resolutions if you can obtain them (or proof they won’t provide them).
Receipts of payments (especially if paying “under protest”).
Incident reports if security harassed, denied entry, or threatened towing, etc.

HOA disputes are often decided by who has the better documentation trail, not who has the better speech.

6) Your Rights as a Homeowner/Member (Practical Interpretation)

While exact wording depends on RA 9904 and your by-laws, homeowners generally have rights to:

Notice of meetings and major decisions, especially those affecting dues/assessments.
Vote and participate in general membership meetings.
Access certain records (financial statements, budgets, minutes/resolutions—subject to reasonable rules).
Due process before penalties and adverse actions.
Fair and equal application of rules.

If your HOA denies access to governing documents and financials, that is usually a red flag and can justify regulatory escalation.

7) Step-by-Step: How to Challenge Rules/Fees Without a Board Resolution

Step 1: Request the Legal Basis in Writing (Calm, Specific, Documented)

Send a letter/email to the HOA secretary/board asking for:

the board resolution authorizing the rule/fee/penalty;
the date of the meeting, quorum confirmation, and vote result (if they won’t release full minutes);
the by-law provision authorizing it;
if it’s an assessment: the approved budget, breakdown, project documents, and approval mechanism;
if it’s a fine: the fine schedule, due process procedure, and written finding of violation.

Tip: Ask for a response within a reasonable period (e.g., 7–15 days) and keep proof of sending.

Step 2: Invoke Internal Remedies (If Available)

Check your by-laws for:

dispute resolution/committee;
grievance procedure;
election/recall processes;
special meeting requisition thresholds.

Often, a well-organized homeowner group can:

request a special board meeting;
demand a special general membership meeting;
move to rescind the rule/fee;
propose a member resolution.

Step 3: Pay Carefully (Avoid Unnecessary Default While Preserving Your Rights)

Nonpayment can trigger penalties, collection action, or access restrictions (lawfulness varies by the act). Options include:

Pay undisputed amounts and contest only the disputed portion.
Pay under protest with a written reservation of rights (attach letter with payment).
If the amount is large and you have counsel, consider an escrow approach or a written proposal to deposit pending resolution (strategy depends on risk and enforceability).

Avoid casual verbal negotiations at the gatehouse; keep it formal.

Step 4: Challenge Unlawful Enforcement Tactics

If the HOA uses pressure tactics (e.g., refusing entry to residents, threatening utilities, public shaming), document it and challenge the tactic separately. Even if an HOA can impose rules, enforcement must be lawful and proportionate.

Step 5: Escalate to DHSUD (Mediation/Conciliation/Adjudication)

If the HOA refuses to provide authority or continues collecting/enforcing, a complaint with the DHSUD may seek:

declaration that the rule/fee is invalid for lack of authority/procedure;
order to cease and desist;
accounting, document production, audit;
refunds/credits (depending on facts);
sanctions or governance corrective actions where appropriate.

Step 6: Consider Court Remedies (Usually With Counsel)

For urgent harms or continuing unlawful collection/enforcement, court actions may include:

injunction (to stop enforcement/collection);
declaratory relief (declare rights/invalidity);
damages in serious bad faith cases.

Whether you must first go through barangay conciliation depends on the parties and nature of the dispute; a lawyer can route this correctly.

8) Special Focus: Fees and Assessments Without Proper Approval

A. “New Fee” vs “Reimbursement”

HOAs sometimes label charges as “processing fee,” “sticker fee,” “gate pass fee,” “construction bond,” “move-in/move-out fee,” “facility use fee.”

Ask:

Is it authorized by by-laws?
Is it a reasonable reimbursement (actual cost-based) or a revenue-raising fee?
Was it approved by the board (and if required, by members)?
Is there transparency (receipts, cost justification)?

Charges that are flat, punitive, or profit-like are easier to challenge without explicit authority.

B. Special Assessments

Common vulnerabilities:

no project vote;
no disclosure of total project cost, bidding, procurement;
imposed by officers “for urgency” with no ratification;
misallocated (funding something outside HOA purposes).

A strong homeowner position often demands:

project scope, multiple bids, contract copy;
timeline and deliverables;
accounting of collections and disbursements.

C. Penalties and Interest

If the HOA imposes escalating penalties not supported by documents, challenge:

basis (by-laws/board-approved schedule);
reasonableness (not confiscatory);
process (notice and chance to contest).

9) Special Focus: Rules Without Proper Promulgation or Due Process

Even where the board can issue rules, good governance typically requires:

written rule text (not vague oral instructions);
publication to members (bulletin, email, official channels);
effectivity date;
consistent enforcement guidelines;
penalty framework with due process steps.

Rules announced as “effective immediately” by guards or managers, especially those that materially restrict property use, are prime candidates for challenge.

10) Typical Scenarios and How to Frame the Challenge

Scenario 1: “Sticker Fee Required or No Entry”

Key issues:

Is the sticker mandatory by by-laws or a board-approved security policy?
Is denial of entry lawful for residents/owners?
Is there a reasonable alternative (ID verification) that preserves access?

Frame:

request the board resolution and security policy basis;
argue disproportional enforcement and due process;
propose interim arrangement pending resolution.

Scenario 2: “Construction Deposits and Arbitrary Charges”

Construction bonds can be legitimate if authorized and genuinely tied to potential damage to common areas. But arbitrary “processing fees” often fail without authority.

Frame:

require cost justification and basis in by-laws/resolution;
demand written guidelines and refund mechanism for bonds.

Scenario 3: “Special Assessment for a Big Project”

Frame:

require proof of board approval and any membership approval required;
demand project documents and procurement transparency;
if absent, assert invalidity and request cease collection.

Scenario 4: “Fines for Rules You Were Never Notified About”

Frame:

no promulgation = no fair notice;
no hearing = due process violation;
selective enforcement = arbitrary.

11) Governance Levers Homeowners Often Forget

If your goal is not only to defeat one fee but to fix systemic behavior:

Organize and attend meetings. Low turnout enables abuse.
Request records regularly. Normalizing transparency reduces arbitrary decisions.
Recall/removal or election change. Most by-laws provide mechanisms.
Independent audit / special audit. Often the fastest way to end dubious collections.
By-law amendments. Clarify when fees require membership vote; codify due process for fines.

12) A Practical “Demand for Basis” Letter Outline (Non-Template, But Usable)

Include:

identification of the imposed rule/fee (amount, date announced, mode of enforcement);
statement that you request the board resolution, by-law basis, and approval details;
request for supporting documents (budget, minutes excerpt, fine schedule, procurement docs);
reservation of rights and objection to penalties while the basis is unresolved;
request written reply by a date;
polite closing and signature.

If paying under protest, attach a short addendum:

“Payment of undisputed dues is made under protest as to [specific charge], without admission of liability, pending production of the authorizing resolution and due process compliance.”

13) Risks and Pitfalls (So Your Challenge Doesn’t Backfire)

Missing the by-law procedure: If your by-laws require you to appeal internally first, use that step (even briefly) to avoid technical dismissal later.
Going purely verbal: Verbal disputes disappear; written disputes create leverage.
Withholding all dues: This can expose you to penalties or collection actions. Consider paying undisputed amounts.
Personal attacks in group chats: Keep communications factual; avoid defamation risks.
Not organizing neighbors: Collective action is often more effective than individual protest.

14) What “Good HOA Practice” Looks Like (Benchmark for Your Argument)

When an HOA is acting properly, it can readily show:

board minutes/resolutions;
a clear by-law basis;
properly noticed meetings with quorum;
documented budgets and audited financials;
transparent procurement for projects;
due process steps for violations.

A refusal to provide any of these—especially for money collections—often strengthens the homeowner’s case.

Conclusion

In the Philippines, HOA rules and fees are enforceable only to the extent they are authorized by law and the HOA’s governing documents and adopted through proper corporate/association action (board resolutions, and where required, membership approval). When rules or fees appear by memo, guard instruction, or officer fiat—without a valid board resolution or required votes—homeowners can challenge them effectively using a combination of:

document demands,
internal governance remedies,
payment strategies that preserve rights, and
DHSUD dispute mechanisms, with court relief in serious or urgent cases.

If you want, paste (1) the specific fee/rule, (2) how it was announced/enforced, and (3) the relevant by-law excerpts (even screenshots). I can help you frame the strongest arguments and structure a clean escalation packet—still without using any external research.