Living in a condominium offers convenience, but when the Property Management Office (PMO) or the Condominium Corporation fails to maintain the premises or fulfill its duties, unit owners often face property damage, security breaches, or physical injury. Under Philippine law, unit owners are not powerless against negligent management.

Legal actions against a PMO or a Condominium Corporation generally fall under three categories: administrative, civil, and criminal.

1. The Legal Framework

The primary laws governing this relationship are:

Republic Act No. 4726 (The Condominium Act): Defines the rights of unit owners and the obligations of the Condominium Corporation.
Republic Act No. 9904 (Magna Carta for Homeowners and Homeowners' Associations): While primarily for subdivisions, it applies complementarily to condominiums via the Department of Human Settlements and Urban Development (DHSUD).
The Civil Code of the Philippines: Specifically provisions on Quasi-Delict (Tort) and Breach of Contract.
The Revised Corporation Code: Governing the fiduciary duties of the Board of Directors.

2. Administrative Remedies via the DHSUD

The Department of Human Settlements and Urban Development (DHSUD), formerly the HLURB, has primary jurisdiction over disputes between unit owners and the Condominium Corporation/Management.

Basis for Complaint: Neglect in the maintenance of common areas, mismanagement of funds, or failure to enforce the Master Deed and Declaration of Restrictions.
Process: A verified complaint is filed with the Regional Adjudication Board. The DHSUD can issue cease-and-desist orders, impose fines, or even order the removal of erring board members or management officials.
Advantage: It is generally faster and less formal than a full-blown court trial.

3. Civil Remedies: Damages and Specific Performance

If the negligence leads to financial loss or physical harm, a civil suit may be filed in the regular courts.

A. Quasi-Delict (Article 2176, Civil Code)

Management can be held liable for damages caused by their fault or negligence when there is no pre-existing contractual relation (or even if there is, if the act violates a general duty).

Requirement: The owner must prove (1) damage suffered, (2) fault or negligence of the management, and (3) a causal connection between the negligence and the damage.
Example: A slip-and-fall due to a poorly maintained, wet hallway without warning signs.

B. Breach of Contract

The Master Deed and the House Rules constitute a contract between the unit owner and the corporation. If management fails to provide the services promised (e.g., 24/7 security that was absent during a robbery), they may be sued for breach of contract under Article 1170 of the Civil Code.

C. Specific Performance

If the management refuses to perform a specific duty (e.g., repairing a leaking roof that is part of the "common area"), the owner can sue to compel them to perform that specific act.

4. Derivative Suits

If the negligence is on the part of the Board of Directors and the Corporation itself refuses to sue the directors (because they control it), a unit owner may file a Derivative Suit.

This is a suit brought by a shareholder/member on behalf of the corporation to redress wrongs committed against the corporation and to protect corporate assets.
Requirement: The unit owner must have been a member at the time of the act and must have exerted all efforts to exhaust intra-corporate remedies first.

5. Criminal Liability

While negligence is usually a civil matter, it can cross into criminal territory under the Revised Penal Code:

Reckless Imprudence: If negligence results in physical injuries or death (e.g., a faulty elevator plunging due to skipped maintenance), the responsible officers can be charged under Article 365 of the Revised Penal Code.
Estafa/Qualified Theft: If the "negligence" involves the disappearance of association dues or sinking funds, criminal charges for Estafa may be applicable.

6. Defenses Commonly Raised by Management

Property managers often shield themselves using:

The Business Judgment Rule: Courts generally do not interfere in the business decisions of a board unless there is bad faith or gross negligence.
Contributory Negligence: Claiming the unit owner’s own actions contributed to the damage.
Force Majeure: Arguing that the damage was caused by an "Act of God" (e.g., an extraordinary typhoon) rather than a failure of maintenance.

7. Recommended Procedural Steps

Documentation: Take photos, videos, and gather witness statements immediately.
Formal Demand Letter: Before filing any case, send a formal written demand to the PMO or Board. This is often a requirement to prove "exhaustion of administrative remedies."
Mediation: Most Condominium Corporations require internal mediation or grievance committee hearings before legal escalation.
File with DHSUD or Court: Depending on the nature of the grievance (regulatory vs. damages), file the appropriate petition.