Generally, yes, a subdivision or homeowners’ association may charge maintenance fees even if it does not currently provide security guards—but only if the fees are lawful, reasonable, approved under the association’s governing documents, and actually used for legitimate community expenses. In the Philippines, the absence of guards does not automatically make monthly dues illegal. What matters is who is collecting, what the fee is for, whether it was properly approved, and whether homeowners are receiving basic community services or at least a transparent accounting of how their money is being used.

For many homeowners, the issue feels unfair: “Why am I paying maintenance fees if there are no guards at the gate?” That is a valid concern. But under Philippine law, maintenance fees are not limited to security guards. They may also cover streetlights, garbage collection, road cleaning, drainage maintenance, common-area repairs, administrative costs, permits, insurance, landscaping, and other basic subdivision needs.

The fee becomes legally questionable when the association collects money without authority, without approval, without records, without services, or under a misleading label such as ‘security fee’ when no security service exists at all.

The Short Legal Answer

A homeowners’ association may collect maintenance fees if:

It is a properly registered homeowners’ association;
The fees are authorized by its articles of incorporation, bylaws, deed restrictions, board resolutions, or general membership approval;
The charges are reasonable and connected to actual community expenses;
The association keeps proper financial records and allows members to inspect them;
The collection follows the procedure required by Republic Act No. 9904, also known as the Magna Carta for Homeowners and Homeowners’ Associations; and
The fees are not being collected by a developer in violation of subdivision buyer protection laws.

Under RA 9904, “basic community services and facilities” include security, street and vicinity lights, street maintenance, garbage collection and disposal, and similar services. Security is only one example. The law does not say that the association must provide human security guards before it can collect any maintenance fee. (Supreme Court E-Library)

However, RA 9904 also protects homeowners from abuse. It prohibits depriving a homeowner of basic community services after payment and prohibits an association from unreasonably failing to provide basic community services and facilities. (Supreme Court E-Library)

So the practical answer is this:

Maintenance fees are not illegal just because there are no guards, but homeowners may challenge the fees if the association cannot justify them, did not approve them properly, refuses to show records, or fails to provide basic services despite collecting money.

What Counts as “Maintenance Fees” in a Philippine Subdivision?

In Philippine subdivisions, people use different terms interchangeably:

Common Term	Usual Meaning
Association dues	Regular monthly or annual charges collected from members
Maintenance fees	Charges for common-area upkeep and subdivision operations
Security fees	Charges specifically intended for guards, gates, patrols, CCTV, or access control
Special assessment	One-time or temporary charge for a specific project or expense
Sticker fee	Fee for vehicle stickers or access control
Clearance fee	Fee for HOA clearance, often required for construction, transfer, renovation, or move-out

Legally, the exact label is less important than the purpose, authority, and process behind the charge.

If the invoice says “maintenance fee,” it may legally cover many things besides guards. If the invoice says “security fee,” but there is no guard, patrol, CCTV, gate system, or other security-related service at all, homeowners have a stronger basis to demand an explanation, refund, adjustment, or formal accounting.

Legal Basis: RA 9904 and Homeowners’ Association Powers

The main law is Republic Act No. 9904 (2010), the Magna Carta for Homeowners and Homeowners’ Associations. It recognizes homeowners’ associations as community organizations that help provide services which local government units may not fully provide inside subdivisions. (Supreme Court E-Library)

Homeowners Have the Right to Basic Community Services

Section 5 of RA 9904 says every homeowner has the right to enjoy basic community services and facilities, provided that the homeowner pays the necessary fees and other pertinent charges. (Supreme Court E-Library)

This means payment and services are connected. A homeowner generally cannot demand continued use of services while refusing to pay lawful charges. But the association also cannot collect indefinitely while providing nothing, hiding records, or ignoring its duties.

Members Must Pay Dues and Special Assessments

Section 8 of RA 9904 provides that association members have the duty to pay membership fees, dues, and special assessments. (Supreme Court E-Library)

This is why simply saying “there are no guards” is usually not enough to justify non-payment of all dues. The association may still have other valid expenses.

Associations May Collect Reasonable Fees

Section 10 of RA 9904 gives homeowners’ associations the power to impose or collect reasonable fees for the use of open spaces, facilities, and services of the association to defray necessary operational expenses, subject to the law, regulatory rules, and the association’s bylaws. (Supreme Court E-Library)

This is the core legal basis for subdivision maintenance fees.

But the word reasonable is important. The association should be able to explain:

What the fee covers;
How the amount was computed;
Who approved it;
Whether it appears in the annual budget;
Whether there are receipts, contracts, payroll records, invoices, or bank records;
Whether the same fee is being applied fairly to similarly situated homeowners.

The Board Must Keep Records and Collect Only Authorized Fees

RA 9904 requires the board to maintain proper accounting records, keep books open for inspection, collect dues and assessments provided in the bylaws and approved by the majority of members, and prepare annual financial statements. (Supreme Court E-Library)

This means an HOA board cannot simply say, “Basta bayad kayo.” Homeowners have a legal right to ask where the money goes.

Is Security Required Before an HOA Can Collect Fees?

No. Philippine law does not impose a blanket rule that an HOA may collect dues only if it hires security guards.

RA 9904 lists security as one of the examples of basic community services, but it also mentions street lighting, road maintenance, garbage collection, and similar services. (Supreme Court E-Library)

In real life, a subdivision may legally collect maintenance fees even without guards if the fees are being used for:

Streetlight electricity;
Garbage collection or hauling;
Drainage cleaning;
Road repair;
Gate maintenance;
Grass cutting and landscaping;
Common-area water bills;
Administrative staff;
Accounting and audit fees;
HOA registration and regulatory compliance;
Repair of perimeter fences;
CCTV or access-control equipment;
Payment of existing obligations approved by members.

Security also does not always mean a uniformed guard at the gate. Depending on the subdivision’s size, budget, and approved community rules, security may involve:

CCTV monitoring;
Boom barriers;
Resident stickers;
Roving barangay coordination;
Street lighting;
Gate logs;
Perimeter repairs;
Visitor registration;
Security volunteers;
Emergency communication systems.

But if the association is specifically charging a security guard fee, and there are no guards or equivalent security services, the board should explain why. For example, guards may have been temporarily removed because of unpaid arrears, failed bidding, contract termination, or a pending vote on a new provider. Even then, the board should disclose the facts and account for the collected funds.

When Maintenance Fees Become Questionable or Illegal

The collection may be challengeable if any of these are present:

The HOA is not properly registered with the proper housing authority.
The developer, not the HOA, is collecting “community benefit” charges without legal basis.
The amount was imposed by the board alone when the bylaws require membership approval.
There is no approved budget or board/general membership resolution.
The fee is excessive compared with actual expenses.
The board refuses to show financial records.
The fee is labeled as security fee, but no security service is provided and no explanation is given.
The same fee is imposed selectively or discriminatorily.
Paid homeowners are denied basic services without due process.
The board collects fines, penalties, or interest not found in the bylaws or approved schedule.

Under RA 9904, it is prohibited to deprive a homeowner of basic services after payment, prevent a paying homeowner from inspecting records, deny due process, exercise powers without required consultation or approval, or unreasonably fail to provide basic community services and facilities. (Supreme Court E-Library)

What If the Fee Is Being Collected by the Developer, Not the HOA?

This is a different and very important issue.

Under Presidential Decree No. 957, the Subdivision and Condominium Buyers’ Protective Decree, a developer cannot simply impose a fee for an alleged community benefit. Fees for common comfort, security, and sanitation may be collected only by a properly organized homeowners’ association and only with the consent of the majority of lot or unit buyers actually residing in the subdivision or condominium project. (Supreme Court E-Library)

This matters in new subdivisions where:

The developer still controls the gate;
The HOA has not been properly turned over;
Residents are being charged “maintenance,” “security,” or “admin” fees by the developer;
There is no elected HOA board;
Buyers are told to pay before they can enter, build, renovate, or get clearance.

If the developer is still collecting, ask for:

The legal basis for the charge;
The approved subdivision plan;
The turnover documents;
The HOA registration records;
The written consent or vote of resident buyers;
The accounting of collected amounts;
The contract showing who provides the services.

A developer may have contractual responsibilities during the development and turnover period, but it cannot use “maintenance fees” as a vague, unlimited source of income from buyers.

Can Non-Members Be Required to Pay?

Sometimes, yes.

RA 9904 distinguishes between a homeowner and an association member. A homeowner is generally an owner or purchaser of a lot in the subdivision. A member is a homeowner who belongs to the association. (Supreme Court E-Library)

A homeowner generally cannot be forced to join an HOA unless membership is required by the deed of restrictions, title annotation, contract to sell, deed of sale, or similar document. RA 9904 expressly prohibits compelling a homeowner to join except under those recognized situations. (Supreme Court E-Library)

However, the Supreme Court has recognized that even a non-member homeowner cannot necessarily refuse to pay for basic services and facilities from which the homeowner benefits. In Garin v. City of Muntinlupa and Katarungan Village Homeowners Association, the Court noted that a homeowner has the right not to join an association, but cannot refuse to pay for basic services and facilities. The case also recognized that disputes between a homeowner and an HOA may fall within the housing adjudication system. (Supreme Court E-Library)

In practical terms:

You may be able to refuse forced membership if your documents do not require it.
But you may still be required to pay reasonable charges for actual services and facilities you use or benefit from.
The HOA must still prove the charges are lawful, reasonable, and properly imposed.

Can an HOA Control Gates or Subdivision Access Without Guards?

Yes, in proper cases.

In Kwong Management, Inc. v. Diamond Homeowners & Residents Association, the Supreme Court recognized that a homeowners’ association may regulate passage into a subdivision for the safety and security of residents, even if roads have been donated to the local government. The Court emphasized the association’s role in promoting safety, security, peace, comfort, and general welfare. (Supreme Court E-Library)

This does not mean an HOA can act arbitrarily. Access rules must still respect:

Existing laws;
Local ordinances;
Public access requirements;
Rights of residents and property owners;
Due process;
Reasonableness;
Proper consultations and approvals when required.

For example, an HOA may implement stickers, visitor logs, gate passes, or access rules. But it should not use access control to unlawfully harass homeowners, block lawful entry to one’s property, punish critics without due process, or collect unauthorized charges.

How to Check If the Maintenance Fee Is Legal

Before refusing payment, gather documents. Many homeowners lose leverage because they stop paying first and ask questions later. A better approach is to document the issue while keeping your legal position clear.

Step 1: Identify Who Is Collecting

Ask: is the collector the HOA, developer, property manager, barangay, or an informal group?

Collector	What to Check
Registered HOA	DHSUD registration, bylaws, board authority, approved budget
Developer	Contract, turnover status, PD 957 compliance, buyer consent
Property manager	Authority from HOA or developer
Barangay	Ordinance, official receipt, legal basis
Informal group	Written authority, registration, resolutions

If the collector cannot even show legal authority, that is a red flag.

Step 2: Ask for the Basis of the Fee

Request copies of:

HOA certificate of registration;
Articles of incorporation;
Bylaws;
Deed of restrictions;
Board resolution approving the fee;
General membership resolution, if required;
Annual budget;
Schedule of dues and assessments;
Financial statements;
Contracts with service providers;
Official receipts for payments;
Minutes of meetings where the fee was discussed.

Under RA 9904, members have the right to inspect association books and records and to receive annual reports, including financial statements, upon request. (Supreme Court E-Library)

Step 3: Check Whether the Fee Was Approved Properly

Look at the bylaws. They usually state:

How regular dues are imposed;
Who approves increases;
Whether a general membership meeting is required;
What quorum is needed;
Whether proxies are allowed;
How notices must be sent;
Whether special assessments require majority approval.

RA 9904 says the bylaws should provide for the dues, fees, and special assessments imposed on a regular basis and the manner by which they may be imposed or increased. (Supreme Court E-Library)

If the board increased dues without the required process, the increase may be challengeable even if the original dues were valid.

Step 4: Separate “No Guards” From “No Services”

Make a simple list:

Service	Is It Provided?	Evidence
Security guards	No	Photos of unmanned gate
CCTV	Yes/No	Ask for location and maintenance records
Streetlights	Yes/No	Photos, Meralco/utility bills
Garbage collection	Yes/No	Collection schedule, receipts
Road cleaning	Yes/No	Photos, maintenance logs
Drainage cleaning	Yes/No	Work orders, invoices
Landscaping	Yes/No	Photos, contracts
Gate/barrier maintenance	Yes/No	Receipts, contractor bills

If there are no guards but several other services exist, a total refusal to pay may be risky. If there are practically no services and no accounting, your case is stronger.

Step 5: Send a Written Request for Explanation and Accounting

Use a calm written request. Avoid threats or insults. Ask for specific documents and give a reasonable deadline, such as 7 to 15 days.

A practical letter may say:

I respectfully request a copy of the legal basis, approved budget, board or membership resolution, and latest financial statement supporting the current maintenance fee. I also request clarification on whether any portion of the fee is allocated to security services, since there are currently no security guards assigned at the subdivision gate.

Send it by email, registered mail, courier, or personal delivery with receiving copy.

Step 6: Attend the Meeting and Ask for the Budget

If there is a general membership meeting, attend and ask questions on record:

How much is collected monthly?
How many paying homeowners are there?
What are the monthly expenses?
Is there a security contract?
Why are guards absent?
Where did previous security allocations go?
Is there an outstanding debt?
Will dues be reduced if security is removed?
Was the fee approved by members?

Ask that your questions be reflected in the minutes.

Step 7: Use Internal Grievance or Mediation Mechanisms

RA 9904 requires association bylaws to provide for grievance, audit, and mediation mechanisms for disputes involving members, directors, officers, and committees. (Supreme Court E-Library)

Before escalating, check if your HOA has:

A grievance committee;
Audit committee;
Mediation procedure;
Complaint form;
Board hearing process.

Using these internal remedies helps show good faith.

Where to File a Complaint

The correct office depends on the nature of the problem.

Issue	Possible Office
HOA registration, governance, elections, records, dues, internal HOA issues	DHSUD Regional Office / HOA division
Formal adjudication of HOA disputes	Human Settlements Adjudication Commission (HSAC)
Developer violations, license to sell, development obligations	DHSUD / HSAC depending on relief sought
Threats, harassment, unjust vexation, coercion, physical blocking	Barangay, police, prosecutor, or court depending on facts
Small neighborhood disputes between individuals	Barangay lupon, unless the issue falls under a specialized agency
Fraud, falsification, misappropriation	Prosecutor’s office, police, or NBI depending on facts

Under RA 11201, the old HLURB structure was reorganized. The DHSUD now handles regulatory and housing functions, while adjudicatory functions involving many housing and HOA disputes are handled by the Human Settlements Adjudication Commission (HSAC). RA 11201 lists HOA-related disputes within the housing adjudication system, including controversies involving registration and regulation of HOAs, intra-association disputes, inter-association disputes, and disputes connected with HOA regulation or internal affairs. (Supreme Court E-Library)

The Supreme Court has also recognized that housing/HOA disputes may fall under the primary jurisdiction of the housing agency system because of its technical expertise. (Supreme Court E-Library)

Documents to Prepare Before Complaining

Prepare organized copies. Agencies move faster when your complaint is clear and documented.

Document	Why It Matters
Transfer Certificate of Title, deed of sale, contract to sell, or proof of purchase	Shows you are a homeowner or buyer
Lease or authorization from owner, if tenant	Shows authority to complain or represent
HOA bills, statements of account, receipts	Proves the fee and payment history
Demand letters or collection notices	Shows what the HOA is requiring
Photos/videos of unmanned gates or lack of services	Supports the “no security/no service” claim
Written request for accounting	Shows you tried to resolve the issue
HOA response or refusal	Shows lack of transparency
Bylaws, rules, deed restrictions	Shows whether fees are authorized
Meeting notices and minutes	Shows whether approval was proper
Financial statements, if available	Shows how money was used
Names of board officers and property manager	Identifies respondents
Witness statements from other homeowners	Helps show the issue is not isolated

If filing a formal verified complaint, expect to sign and notarize documents. A verified complaint means you swear that the allegations are true based on your personal knowledge or authentic records.

Should You Stop Paying Maintenance Fees?

Be careful.

Even if you believe the fee is unfair, stopping payment may expose you to:

Penalties or interest, if authorized by bylaws;
Loss of good standing;
Suspension of certain association privileges after due process;
Denial of non-essential clearances;
Collection cases;
Arguments that you are delinquent and cannot vote.

A safer approach is often to pay under written protest while demanding accounting, especially if the amount is manageable and you need to preserve your standing.

Your notation can say:

Paid under protest, without waiver of my right to question the validity, computation, approval, and use of the maintenance/security fee.

Keep copies of the receipt and written protest.

If the amount is excessive or the association is clearly unauthorized, you may consider withholding disputed increases while paying the undisputed base amount. But this should be done carefully, in writing, and with a clear explanation.

Common Real-Life Scenarios

Scenario 1: The Subdivision Has No Guards but Has Other Services

The HOA collects ₱500 per month. There are no guards, but the HOA pays for streetlights, garbage hauling, drainage cleaning, and grass cutting.

This is usually not automatically illegal. The dues may still be valid maintenance fees. Homeowners may ask why there are no guards and whether the budget should be adjusted, but the absence of guards alone does not invalidate the entire fee.

Scenario 2: The HOA Charges a Separate “Security Fee” but There Are No Guards

The statement of account says “security fee – ₱300,” but the gate has been unmanned for months and there is no CCTV, patrol, or security contract.

This is more questionable. Homeowners should demand the security budget, contract, receipts, and explanation. If the board cannot justify the charge, homeowners may seek adjustment, refund, reclassification, or regulatory intervention.

Scenario 3: The Developer Collects Maintenance Fees Before HOA Turnover

A developer charges monthly “maintenance/security fees” but there is no functioning HOA and no vote among resident buyers.

This may raise serious issues under PD 957, especially because fees for common comfort, security, and sanitation should be collected by a properly organized HOA with the consent of the majority of resident buyers. (Supreme Court E-Library)

Scenario 4: A Non-Member Refuses to Pay Anything

A lot owner says, “I never joined the HOA, so I will not pay.”

This may not work if the homeowner benefits from basic community services. The Supreme Court has recognized that a homeowner may have the right not to join, but cannot necessarily refuse to pay for basic services and facilities. (Supreme Court E-Library)

Scenario 5: The Board Refuses to Show Financial Records

The HOA collects monthly fees but ignores requests for financial statements, contracts, and receipts.

This is a major red flag. RA 9904 gives members the right to inspect records and requires financial statements and proper accounting. (Supreme Court E-Library)

Scenario 6: The HOA Blocks Entry Because of Unpaid Dues

An HOA blocks a resident or owner from entering their own property because of unpaid maintenance fees.

This is risky for the HOA. While access regulation may be valid for security and order, it should not be used arbitrarily or oppressively. Blocking an owner from accessing property may lead to administrative, civil, or even criminal issues depending on the facts. The association should use lawful collection and due process mechanisms, not self-help measures that interfere with property rights.

Practical Checklist for Homeowners

Before paying, refusing, or filing a case, ask these questions:

Is the HOA registered?
Am I a member, non-member homeowner, tenant, buyer, or developer’s buyer?
What document authorizes the fee?
Was the fee approved by the board only, or by the members as required?
Is the amount in the bylaws or approved schedule?
Is it a regular due, maintenance fee, security fee, or special assessment?
Are there actual services being provided?
If no guards, are there other security measures?
Has the HOA given financial statements?
Are official receipts issued?
Are penalties and interest authorized?
Have I sent a written request for accounting?
Do other homeowners have the same concern?
Is the developer still involved?
Do I need DHSUD assistance, HSAC adjudication, or another remedy?

Practical Checklist for HOA Boards

For HOA officers, the safest legal position is transparency. If the subdivision has no guards but still collects maintenance fees, the board should be ready to show:

Current certificate of registration;
Approved bylaws;
Board and membership resolutions;
Approved annual budget;
Breakdown of dues;
Financial statements;
Bank records;
Service contracts;
Receipts and invoices;
Explanation for lack of guards;
Plan for restoring, replacing, or removing security allocation;
Proper notices to homeowners.

A board that communicates openly is far less likely to face complaints.

Frequently Asked Questions

Is it legal to collect subdivision maintenance fees even without security guards?

Yes, it can be legal. Maintenance fees may cover many services besides guards, such as streetlights, garbage collection, road cleaning, drainage, landscaping, administrative costs, and common-area repairs. But the HOA must have legal authority, proper approval, reasonable rates, and transparent accounting.

Can I refuse to pay association dues because there is no guard?

Not automatically. If the dues also cover other valid services, total refusal to pay may make you delinquent. A better first step is to request the budget, financial statements, and explanation in writing. You may pay under protest while challenging the disputed portion.

What if the bill specifically says “security fee” but there is no security?

That is more questionable. Ask for the security contract, receipts, deployment schedule, incident logs, and board resolution. If there are no guards or equivalent security services, and no valid explanation, the fee may be challenged as unreasonable, misleading, or unsupported.

Can a homeowners’ association force me to become a member?

Generally, no, unless membership is required by your title, deed restrictions, contract to sell, deed of sale, award, or similar document. RA 9904 prohibits compelling a homeowner to join except in legally recognized situations. But even a non-member may still be required to pay reasonable charges for basic services and facilities that benefit the property.

Can the HOA deny me entry to my own house for unpaid dues?

That is legally risky. HOAs may regulate access for safety, security, and traffic order, but they should not arbitrarily block an owner or lawful resident from accessing property. Collection disputes should be handled through notices, hearings, internal remedies, DHSUD/HSAC processes, or lawful collection actions.

Can the developer collect maintenance or security fees before the HOA is turned over?

Be cautious. Under PD 957, fees for common comfort, security, and sanitation should be collected only by a properly organized homeowners’ association and with the consent of the majority of resident buyers. If the developer is collecting directly, ask for the legal basis, buyer consent, turnover documents, and accounting.

Who regulates homeowners’ associations in the Philippines now?

The DHSUD handles housing and HOA regulatory functions. The HSAC handles adjudication of many housing, subdivision, condominium, and HOA disputes. This replaced the old HLURB structure after RA 11201.

What documents should I ask from the HOA before complaining?

Ask for the bylaws, board or membership resolution approving the fee, annual budget, latest financial statement, official receipts, service contracts, security contract if any, and minutes of meetings where the fee was approved or discussed.

Can tenants complain about HOA maintenance fees?

A tenant may complain if authorized by the owner or if directly affected, especially if the lease makes the tenant responsible for dues. Under RA 9904, a lessee may exercise homeowner rights when there is written consent or authorization from the owner, subject to the law and the documents involved.

Where should I file a complaint against illegal HOA fees?

Start with the HOA’s internal grievance mechanism if available. For regulatory assistance, approach the DHSUD Regional Office covering the subdivision. For formal adjudication of HOA disputes, the proper forum is often the HSAC, depending on the issue and relief sought.

Key Takeaways

Maintenance fees are not automatically illegal just because there are no security guards.
Security is only one type of basic community service; dues may also cover lighting, garbage collection, roads, drainage, landscaping, and administration.
A separate security fee with no guards or equivalent security service is more vulnerable to challenge.
The HOA must show legal authority, proper approval, reasonableness, and financial transparency.
Homeowners have the right to inspect records and ask for financial statements under RA 9904.
Developers cannot freely collect vague “community benefit” fees; PD 957 limits who may collect fees for common comfort, security, and sanitation.
Non-members may not be forced to join an HOA unless property documents require it, but they may still have to pay reasonable charges for services they benefit from.
Before refusing payment, request documents, pay under protest if appropriate, and preserve written evidence.
Serious disputes may be raised with the DHSUD Regional Office or filed with the HSAC, depending on the nature of the complaint.