Executive summary

In Philippine subdivisions and condominiums, members generally have a right to inspect association records, including lists of members who are delinquent in dues/assessments, subject to reasonable conditions and data-privacy safeguards. This right flows primarily from the Magna Carta for Homeowners and Homeowners Associations (R.A. 9904), complemented by association by-laws and general corporate governance norms for non-stock associations. The Data Privacy Act (R.A. 10173) does not bar access by members for legitimate association purposes, but it does require minimal, proportionate disclosure and secure handling. If the board refuses without lawful ground, a member may demand compliance, elevate the dispute internally, and file with the DHSUD (formerly HLURB) for administrative redress, while civil remedies remain available.

Legal foundation

1) R.A. 9904 (Magna Carta for Homeowners and Homeowners Associations)

Right to information & inspection. Members have the right—at reasonable hours and in good faith—to inspect and copy association records, books of account, and minutes, and to receive financial statements upon request within a reasonable time.
Board’s fiduciary duty. The board must maintain accurate records of collections, receivables, and delinquencies; it must act transparently and account for common funds.
Association by-laws. By-laws typically operationalize inspection rights (e.g., whom to address, how much the copying fee is, lead time, and formats).

2) Corporate governance norms for non-stock associations

Even when registered outside the SEC framework, HOAs are treated as membership organizations with duties analogous to non-stock corporations: keep books, allow members to examine records for proper purposes, and produce annual statements of affairs.

3) Data Privacy Act (R.A. 10173)

The HOA is a personal information controller. Sharing a delinquency list with members is generally allowed under legitimate interests/contract performance/legal obligation bases, provided disclosure is proportionate and limited to what members need to exercise their association rights (e.g., voting eligibility, quorum counts, budget planning).
Requirements: purpose specification, data minimization, access controls, retention policy, audit trail, and honoring data subject rights (to correct/contest entries).

What members may access

A. Core records related to delinquencies

Aging schedule of receivables (per lot/unit), showing member name, lot/unit no., amount due, age of account, assessments/penalties, and payments received.
List of members with voting restrictions due to delinquency under by-laws (often tied to a number of days in arrears).
Collection policies (board resolutions), approved budgets, and rate of assessments and penalties.
Notices of assessment and demand protocols (without exposing unrelated personal data).

B. What may be withheld or redacted

Sensitive personal information not necessary to the purpose: government ID numbers, full addresses beyond lot/unit designation if by-laws so provide, bank details, and third-party contact lists.
Unverified allegations (e.g., narrative accusations) that are not part of official accounting records.

Rule of thumb: disclose who owes what and since when, plus the adopted policy basis—but avoid unnecessary personal identifiers and gossip.

“Delinquency list” vs. “public shaming”

Permissible: Circulating to members a neutral list or aging summary (name/lot, amount, status) to enforce by-laws (e.g., voting eligibility, lien notices), with proper tone and limited distribution (notice board inside clubhouse, members’ portal, or sealed circular).
Impermissible: Shaming tactics (pejorative labels, social media blasts, exposing family details, or posting on public sites). These risk privacy, defamation, and unfair collection violations.

Conditions the board may legitimately impose

Written request stating proper purpose (e.g., verify quorum eligibility, audit use of funds, review fairness of penalties).
Reasonable notice period (e.g., 3–5 business days) and inspection during office hours at the admin office.
Supervised inspection; no removal of originals; pay reasonable copying/printing fees.
Data-use reminder: recipient agrees not to re-publish outside the membership or for unrelated purposes.

These conditions cannot be used to stonewall a bona fide request.

Grounds to deny or limit access (narrowly construed)

Improper purpose (e.g., competitive business solicitation, harassment, or unrelated commercial use).
Overbroad scope where a narrower set (e.g., current quarter’s aging) satisfies the stated purpose.
Data security risk demonstrably outweighing the purpose, provided the HOA offers a privacy-respecting alternative (e.g., on-site viewing, anonymized totals plus named list only for those crossing the delinquency threshold relevant to voting).

When denying, the board should issue a written explanation and suggest a less intrusive alternative.

Publication practices that balance transparency and privacy

Member-only circulation (printed list at the admin office, sealed circulars, or secure members’ portal).
Standard columns: Member name / Lot-Unit | Assessment type | Period covered | Amount due | Aging bucket | Remarks.
Tone & content: strictly factual; no editorializing.
Update cadence: monthly or as set in by-laws; promptly reflect payments and issue corrections upon proof.

Process map for members

Check by-laws & house rules for inspection mechanics and delinquency definitions (e.g., “60 days past due → not in good standing”).
Send a written request to the Secretary/Admin specifying: records sought, dates covered, and purpose.
Attend the inspection; take copies/extracts; note discrepancies.
Follow up for corrections if an entry is wrong (provide receipts/clearing advice).
If refused or stonewalled, send a demand citing your rights and proposing a reasonable inspection window.
Escalate to the Grievance Committee (if constituted), then to DHSUD regional office for mediation/administrative action.
Civil remedies (e.g., mandamus-type relief and damages) remain available for persistent bad faith.

Liens, voting rights, and why the list matters

Many by-laws impose a lien on the lot/unit for unpaid assessments and suspend voting/board-running rights while delinquent.
The delinquency list allows members to validate quorum, challenge tainted elections, and audit cashflow (who pays; how much remains collectible).
Due process: before enforcing sanctions or liens, the HOA should serve written notices and allow payment verification.

Model request letter

Subject: Request to Inspect and Copy Delinquency Records Dear [Secretary/Administrator], I am [Name], member-owner of [Lot/Unit No.]. Pursuant to our by-laws and applicable law, I respectfully request to inspect and obtain copies of (a) the delinquency list and aging of receivables by lot/unit, (b) the approved assessment and penalty schedule, and (c) the collection policy/board resolutions for [period]. Purpose: to verify quorum/voting eligibility, review application of penalties, and assess the association’s receivables for budget deliberations. I am available [dates/times] and agree to reasonable supervision and copying fees. Kindly confirm within [3] business days. Sincerely, [Name | Lot/Unit | Contact]

Model safe-disclosure clause (house rule/by-law add-on)

“The Association may disclose to its members, for legitimate purposes connected with membership, an accurate delinquency list and aging of receivables per lot/unit, including member name, lot/unit number, assessment type, periods due, and total amount, subject to member-only access, reasonable security controls, and prompt correction upon proof of payment. Public posting outside member-only channels and any form of shaming are prohibited.”

Frequently asked questions

Q1: Can the board post the list on a public Facebook page? No. Keep circulation inside the membership. Public posting risks privacy and defamation exposure.

Q2: Can amounts be hidden and only names shown? Amounts are typically relevant to budgeting and voting thresholds; disclose only what is necessary (e.g., bucketed aging + totals). Avoid unrelated personal data.

Q3: Can a member photograph the list and share it in Viber groups? If the group consists exclusively of members, and the purpose is aligned (e.g., meeting preparation), it may be acceptable subject to house rules. Never share outside the membership.

Q4: How fast must the HOA respond? A reasonable time (often a few business days) is expected. Unreasonable delay may be challenged administratively.

Q5: What if the list is wrong and I’m labeled delinquent? Invoke your right to correction: submit receipts/bank proof; the HOA must rectify promptly and, if the error affected voting or access, issue a written clearance.

Compliance checklist for boards

Clear policy on member access to delinquency records.
Purpose-limited templates (columns defined; no sensitive extras).
Access controls (member verification; on-site viewing rules; portal with logins).
Correction workflow and update cadence.
Record of disclosures (who accessed, when, for what).
Training for admin staff on polite, privacy-compliant handling.
No shaming rule in house policies.

Key takeaways

Members have a qualified right to see the delinquency list and related receivables to perform core membership functions.
The Data Privacy Act supports—not blocks—purpose-bound, proportionate disclosure to members, while forbidding public shaming.
Boards may set reasonable procedures, but cannot stonewall legitimate requests.
DHSUD provides a practical route for mediation and enforcement if the right is denied.
Neutral tone, minimal data, secure channels, and rapid corrections keep everyone lawful, transparent, and civil.

This article provides general legal information for the Philippine context and is not a substitute for specific legal advice. Counsel can tailor an access protocol and draft privacy-safe disclosure policies to fit your HOA’s by-laws and systems.