A Philippine Legal Article

Introduction

In the Philippines, disputes often arise when tenants are asked to pay homeowners’ association dues, subdivision dues, maintenance fees, security fees, garbage fees, or other charges connected with the property they occupy. The issue becomes more complicated when the tenant occupies an apartment, room, unit, or dwelling without a written lease contract.

The central question is: Can a landlord, apartment owner, homeowners’ association, or property administrator legally require an apartment tenant to pay HOA dues when there is no lease agreement saying so?

The answer depends on several factors: who is legally obligated to pay the dues, whether the tenant agreed to assume that obligation, whether the charge is part of rent, whether the property is within a homeowners’ association, whether the tenant is a member or merely an occupant, and whether the demand is reasonable, disclosed, and supported by law or contract.

In general, HOA dues are primarily an obligation of the property owner or association member, not automatically of the tenant, unless the tenant validly agreed to shoulder them or the governing rules clearly allow the charge to be passed on in a lawful manner.

1. Basic Legal Relationship: Owner, HOA, and Tenant

A homeowners’ association is usually composed of homeowners, lot owners, unit owners, or qualified members within a subdivision, village, housing project, or similar community. Its dues are typically imposed to fund common expenses such as:

security;
street lighting;
road maintenance;
garbage collection;
common area maintenance;
administrative expenses;
guards, gates, clubhouse, drainage, and other shared facilities.

The legal relationship normally looks like this:

HOA ↔ Owner / Member The HOA charges dues to the homeowner, lot owner, or association member.

Owner / Landlord ↔ Tenant The landlord charges rent and other agreed charges to the tenant.

HOA ↔ Tenant The tenant may be subject to community rules as an occupant, but the tenant is not automatically a member of the HOA unless the association’s governing documents and applicable law allow or require it.

This distinction matters. The HOA may have a claim against the owner/member, while the landlord may have a separate claim against the tenant, but only if the tenant agreed to pay or the law allows the charge to be imposed.

2. The Absence of a Written Lease Does Not Mean There Is No Lease

In Philippine law, a lease does not always need to be written to exist. A lease may be oral, implied, or proven by conduct. For example, if a person occupies an apartment and pays monthly rent accepted by the owner, there is usually a lease relationship even without a written document.

However, the absence of a written lease creates evidentiary problems. It may be difficult to prove:

the agreed rent;
the duration of the lease;
who pays utilities;
who pays association dues;
whether the tenant agreed to pay special assessments;
whether the tenant was informed of subdivision or HOA charges.

A landlord may argue that the tenant orally agreed to pay HOA dues. The tenant may deny it. In such a case, the burden usually falls on the party claiming the obligation to show that it was agreed upon, customary, disclosed, or legally demandable.

3. General Rule: HOA Dues Are Usually the Owner’s Obligation

As a general rule, homeowners’ association dues are imposed on the homeowner, property owner, lot owner, unit owner, or association member. The owner is the person who benefits from ownership and whose property is part of the subdivision or community covered by the association.

A tenant is merely an occupant. The tenant’s right to stay comes from the landlord, not directly from ownership in the subdivision. Unless the tenant separately becomes a member or agrees to pay association dues, the HOA’s primary recourse is usually against the owner.

This means that, absent a valid agreement, the landlord cannot simply say:

“You are living here, so you must pay the HOA dues.”

That statement may be practical from the landlord’s point of view, but legality depends on whether the tenant agreed to pay the charge or whether it was included in the rental arrangement.

4. Can the Landlord Pass HOA Dues to the Tenant?

Yes, but not automatically.

A landlord may pass HOA dues to a tenant if this was part of the agreement. The agreement may be written, oral, or implied from the parties’ conduct.

Examples where the tenant may be bound:

The written lease says the tenant shall pay HOA dues.
The tenant orally agreed before moving in that rent excludes HOA dues.
The landlord clearly disclosed the dues and the tenant paid them regularly without objection.
The rent was expressly lower because the tenant would separately shoulder association dues.
There is a long-standing arrangement where the tenant has consistently paid such dues as part of occupancy.

Examples where the tenant may have a strong defense:

The landlord never mentioned HOA dues before move-in.
The tenant agreed only to pay a fixed monthly rent.
The landlord later added the charge unilaterally.
The tenant is not a member of the HOA.
The HOA bills the owner, not the tenant.
There is no receipt, billing statement, or proof of the amount.
The charge is being used as a disguised rent increase.

The key issue is consent. A person generally cannot be forced to pay a private charge without legal or contractual basis.

5. “No Lease” Often Means “No Express Agreement to Pay HOA Dues”

When there is no written lease, the tenant can argue that the only agreed obligation was the monthly rent. If the landlord wants the tenant to pay HOA dues on top of rent, the landlord should prove that the tenant agreed to this separate obligation.

The landlord may use evidence such as:

text messages;
receipts;
prior payments;
house rules acknowledged by the tenant;
move-in forms;
screenshots of conversations;
witnesses;
association notices given to the tenant;
payment history.

The tenant may use evidence such as:

rent receipts showing only fixed rent;
messages showing no mention of HOA dues;
proof that HOA bills were addressed to the owner;
proof that the landlord only demanded HOA dues after occupancy began;
proof that rent was advertised as inclusive.

In practice, many disputes turn not on abstract legal theory but on proof.

6. HOA Versus Landlord: Who Has the Right to Collect?

There are two different collection scenarios.

A. The HOA collects from the owner

This is the usual arrangement. The HOA bills the owner/member. If unpaid, the HOA may impose sanctions allowed by its bylaws, deed restrictions, rules, or applicable law, subject to due process.

B. The landlord collects from the tenant

The landlord may collect from the tenant only if the tenant’s agreement with the landlord allows it. The landlord is not necessarily acting as the HOA. The landlord is asking for reimbursement or pass-through payment.

C. The HOA collects directly from the tenant

This is more legally sensitive. A tenant is not automatically personally liable to the HOA merely because the tenant lives in the property. The HOA may regulate occupants’ use of common areas and enforce community rules, but direct collection of dues from a non-member tenant generally requires legal, contractual, or rule-based authority.

The HOA may be able to require occupants to comply with rules, registration requirements, vehicle stickers, gate passes, garbage policies, and security procedures. But that is different from saying the tenant is personally liable for the owner’s association dues.

7. Distinguishing HOA Dues from Utilities and Service Charges

Not all charges connected with occupancy are the same.

Utilities

Electricity, water, internet, LPG, and similar consumption-based services are usually chargeable to the tenant if the tenant uses them and agreed to pay for them. Even without a written lease, it is common and reasonable that the occupant pays utilities, especially if separately metered.

HOA Dues

HOA dues are different. They are often attached to ownership or membership in the association. They are not always based on actual consumption. They may fund general common expenses and property-related obligations.

Service Charges

Some charges may fall between utilities and HOA dues, such as:

garbage collection;
security fee;
parking fee;
gate pass fee;
common water pump fee;
maintenance fee.

These may be charged to tenants if clearly disclosed, reasonable, actually provided, and agreed upon. But if they are part of the HOA’s regular assessments against owners, the tenant may still argue that they are the owner’s obligation unless assumed by agreement.

8. Rent Control Considerations

Where rent control laws apply, landlords cannot evade restrictions by disguising rent increases as miscellaneous charges. If a tenant pays a fixed monthly rent and the landlord later adds HOA dues as a mandatory recurring charge, the tenant may argue that this is effectively an increase in rent.

Whether rent control applies depends on the property type, rental amount, location, and current law in force. Rent control coverage changes over time, so the exact statutory threshold should be verified against the applicable law at the time of the dispute.

Even outside rent control, a landlord generally cannot unilaterally change the economic terms of a lease during the agreed rental period. If rent is monthly and the lease is renewed month to month, changes may be proposed for future periods, but they should be clearly communicated and not applied retroactively without agreement.

9. Retroactive Charging of HOA Dues

A common dispute arises when a landlord says:

“You have been living here for months. You now owe unpaid HOA dues from the start of your stay.”

Retroactive charges are legally questionable if the tenant was never informed and never agreed to pay them.

A tenant has a strong argument against retroactive billing where:

no written lease mentions HOA dues;
the landlord accepted rent for months without mentioning separate dues;
the tenant was not given HOA statements;
the amount was not disclosed before occupancy;
the tenant did not agree to reimburse the owner.

A landlord has a stronger argument where:

the tenant was informed at the start;
the tenant previously paid HOA dues;
the tenant acknowledged the charge in messages;
the landlord merely delayed billing but the obligation was known.

Retroactive imposition without prior agreement may be treated as unfair, unsupported, or an attempt to modify the lease after the fact.

10. Can Nonpayment of HOA Dues Be a Ground for Eviction?

It depends.

If the tenant validly agreed to pay HOA dues and fails to do so, the landlord may treat the nonpayment as breach of lease or nonpayment of agreed charges. The landlord may then pursue lawful remedies, including demand and ejectment if proper grounds exist.

However, if there is no agreement that the tenant must pay HOA dues, the landlord cannot automatically evict the tenant for refusing to pay a charge that is not legally or contractually due from the tenant.

The landlord must follow lawful procedure. Self-help eviction is not allowed. The landlord generally cannot simply:

lock out the tenant;
cut off water or electricity;
remove the tenant’s belongings;
block access;
threaten illegal force;
harass the tenant into leaving.

Eviction disputes normally require proper notice and, if unresolved, court action through ejectment proceedings.

11. Can the HOA Deny Entry, Gate Passes, or Services to the Tenant?

This is a practical pressure point in subdivisions and gated communities. The HOA may attempt to restrict access or services if dues are unpaid.

The legality depends on the HOA’s rules, the nature of the restriction, and whether due process was observed. An HOA may usually regulate security, gate access, vehicle stickers, and common facilities for legitimate community management. But restrictions must be reasonable, non-arbitrary, and consistent with law and the association’s governing documents.

A tenant should not be punished unfairly for the owner’s unpaid obligations where the tenant is not personally liable. However, the tenant’s occupancy is still connected to the owner’s property. The HOA may pursue the owner while enforcing reasonable community rules applicable to all occupants.

If the HOA denies basic access to the dwelling despite the tenant’s lawful occupancy, that may raise serious legal issues. Access to one’s residence is not the same as optional use of a clubhouse or recreational facility.

12. Can the Tenant Pay the HOA Directly and Deduct from Rent?

A tenant should be careful before doing this.

If the owner is liable for HOA dues but the HOA pressures the tenant to pay, the tenant may want to pay and deduct from rent. This may be reasonable in some cases, but it can create conflict if the landlord did not authorize the deduction.

Safer approaches include:

Request written confirmation from the landlord.
Ask whether payment to the HOA will be credited against rent.
Keep official receipts.
Pay only to the proper payee.
Avoid unilateral deductions unless the landlord agrees or there is a clear legal basis.

Without agreement, the landlord may still claim unpaid rent, while the tenant claims reimbursement. This can complicate the dispute.

13. The Role of Receipts and Documentation

Documentation is critical. Tenants should ask for:

HOA billing statements;
official receipts;
explanation of the charge;
basis for computation;
period covered;
proof that the charge applies to the unit;
confirmation whether the amount is included in rent or separate.

Landlords should likewise document:

disclosure of HOA dues before move-in;
tenant’s agreement to pay;
copies of HOA assessments;
receipts for payments made;
communications about increases or special assessments.

The absence of documentation does not always defeat a claim, but it makes enforcement harder.

14. Special Assessments and Extraordinary Charges

HOAs may impose special assessments for major repairs, improvements, emergencies, road works, drainage projects, security upgrades, or other extraordinary expenses.

Even if a tenant agreed to pay regular monthly HOA dues, that does not automatically mean the tenant agreed to pay all special assessments. The lease or agreement should be examined.

There is a difference between:

regular monthly dues for ordinary maintenance; and
special assessments for capital improvements or owner-related obligations.

A tenant may argue that special assessments improve the owner’s property or the subdivision’s long-term value and should be borne by the owner unless expressly agreed otherwise.

15. Apartment Buildings Inside Subdivisions

The issue becomes more layered when the tenant rents an apartment building or unit located inside a subdivision governed by an HOA.

The HOA may charge the property owner because the lot or building is inside the subdivision. The owner may then decide whether the cost is absorbed as an ownership expense or passed on to tenants through rent.

If the landlord rents out multiple apartment units, the landlord should ideally state clearly whether subdivision dues are:

included in rent;
divided among tenants;
charged per unit;
charged per head;
charged based on vehicle use;
charged separately only to tenants who use certain facilities.

Without clear agreement, arbitrary allocation may be challenged.

For example, if the HOA charges the owner ₱2,000 per month for one lot, and the owner collects ₱2,000 each from five tenants, that may be excessive unless there are separate lawful charges or actual costs. A landlord should not use HOA dues as a hidden profit center while representing them as pass-through charges.

16. Condominium Dues Versus HOA Dues

Although this article focuses on HOA dues, a related issue involves condominium dues. Condominium corporations commonly charge association dues to unit owners for maintenance of common areas, elevators, security, amenities, insurance, and building administration.

As with HOA dues, the primary obligation is often on the unit owner. A tenant may be required to pay condominium dues only if the lease agreement says so or if the rent arrangement makes it clear.

However, condominium settings often have more formal administration and move-in requirements. Tenants may be asked to comply with house rules, submit documents, pay move-in fees, buy access cards, or register occupants. These are not identical to monthly association dues and should be analyzed separately.

17. Oral Lease: What Terms Are Implied?

In an oral apartment lease, the usual implied terms are:

the landlord allows possession and peaceful use;
the tenant pays rent;
the tenant uses the premises properly;
the tenant pays charges personally consumed, if agreed or customary;
the landlord remains responsible for ownership-related burdens unless shifted by agreement.

HOA dues are not automatically implied as tenant obligations in the same way as personal utility consumption. They are more closely tied to ownership unless agreed otherwise.

That said, customs and prior dealings matter. If in a particular property it is clearly and consistently understood that all tenants pay a fixed monthly maintenance fee separate from rent, and the tenant accepted that arrangement, the landlord may have a stronger case.

18. What Counts as Consent?

Consent may be express or implied.

Express consent

The tenant clearly agrees, orally or in writing, to pay HOA dues.

Example:

“Rent is ₱12,000 per month, exclusive of HOA dues of ₱1,000 per month.”

Implied consent

The tenant’s conduct shows acceptance.

Example:

The tenant receives monthly HOA statements, pays them for several months without objection, and continues occupying the unit under the same arrangement.

Weak evidence of consent

The landlord merely posts a notice after the tenant moved in, or sends a unilateral demand months later.

Example:

“Starting this month, all tenants must pay HOA dues.”

This may be treated as a proposed modification, not proof of an existing obligation.

19. Can the Landlord Increase Rent to Cover HOA Dues?

A landlord may generally set rent for future rental periods, subject to rent control laws and any existing agreement. If there is no fixed-term lease and the tenancy is month-to-month, the landlord may propose a new rent amount for future months, including the cost of HOA dues.

However, the landlord should not misrepresent the charge. There is a difference between saying:

“The rent will be ₱15,000 starting next month.”

and saying:

“You must pay past HOA dues even though we never agreed on them.”

Future rent adjustment may be possible. Retroactive imposition is more legally vulnerable.

20. Tenant’s Rights When Charged HOA Dues Without Agreement

A tenant who is charged HOA dues without a lease provision or prior agreement may:

Ask for the legal or contractual basis.
Ask for a copy of the HOA billing statement.
Ask whether the charge is addressed to the owner or tenant.
Ask whether the amount is included in rent.
Refuse to pay unsupported charges while continuing to pay rent.
Document all communications.
Avoid verbal confrontations and request written explanations.
Seek barangay conciliation if the dispute is between individuals in the same city or municipality and covered by barangay proceedings.
Consult the proper government office, housing agency, or legal counsel depending on the nature of the property and association.

The tenant should continue paying undisputed rent. Refusing to pay rent entirely because of a dispute over HOA dues may expose the tenant to ejectment.

21. Landlord’s Rights When Tenant Agreed to Pay

A landlord who can prove that the tenant agreed to pay HOA dues may:

Demand payment in writing.
Provide copies of the HOA assessment.
Apply payments according to the agreed terms.
Treat persistent nonpayment as breach, if the dues are part of the lease obligation.
Refuse renewal of a month-to-month tenancy, subject to law.
File proper legal action if necessary.

The landlord should avoid unlawful pressure tactics. Even if the tenant owes money, remedies must be pursued lawfully.

22. HOA’s Rights and Limits

An HOA may enforce rules against owners, members, residents, tenants, guests, and occupants, depending on its governing documents and applicable law. However, its authority over tenants is not unlimited.

An HOA may usually regulate:

entry and exit procedures;
vehicle registration;
parking rules;
garbage disposal;
noise;
use of amenities;
construction or renovation rules;
security rules;
guest policies;
community safety.

But when it comes to monetary dues, the HOA must identify who is legally liable: the owner/member, the occupant, or both under a valid rule or agreement.

If the HOA’s bylaws say the owner remains responsible for dues incurred by tenants, the HOA’s claim is usually against the owner. The owner may then seek reimbursement from the tenant if there is a basis.

23. Effect of House Rules Given After Move-In

Sometimes the landlord or HOA gives the tenant a copy of house rules after the tenant has already moved in. Those rules may validly regulate conduct, especially for safety and community order. But a post-move-in document imposing new monetary obligations is different.

A tenant may be bound by reasonable rules necessary for occupancy, but may contest new financial burdens that were not part of the rental agreement.

For example:

“No loud karaoke after 10 p.m.” may be enforceable as a reasonable community rule.
“Pay ₱3,000 monthly HOA dues starting from your move-in date” may require proof of prior agreement.

24. Penalties, Interest, and Surcharges

If the tenant is not legally liable for HOA dues, the tenant is generally not liable for penalties, interest, or surcharges on those dues.

If the tenant did agree to pay, penalties may still be challenged if they are:

not disclosed;
excessive;
imposed without notice;
not supported by the lease or HOA rules;
actually penalties against the owner, not the tenant.

A landlord who failed to pay HOA dues on time may have difficulty passing late fees to the tenant unless the tenant’s own delay caused them.

25. Security Deposits and Unpaid HOA Dues

A landlord may want to deduct unpaid HOA dues from the tenant’s security deposit at the end of the tenancy.

This is legally safer only if:

the tenant agreed to pay the dues;
the amount is documented;
the deduction is itemized;
receipts or statements are provided;
the security deposit terms allow deductions for unpaid charges.

If there was no agreement that HOA dues are tenant obligations, deducting them from the deposit may be disputed.

A tenant should request a written accounting of all deductions.

26. Practical Examples

Example 1: No written lease, fixed rent only

Ana rents an apartment for ₱10,000 per month. The landlord never mentioned HOA dues. After three months, the landlord demands ₱1,500 per month in subdivision dues.

Ana may argue that she agreed only to pay ₱10,000 rent and did not assume the owner’s HOA obligation. The landlord may not retroactively impose the charge without proof of agreement.

Example 2: Oral agreement disclosed before move-in

Ben rents a unit. Before move-in, the landlord tells him by text: “Rent is ₱12,000, exclusive of ₱800 monthly HOA dues.” Ben replies, “Okay,” moves in, and pays rent.

Ben is likely bound by the agreement, even without a formal written lease, because the charge was disclosed and accepted.

Example 3: Tenant paid dues for one year

Carla has paid HOA dues every month for one year without objection. She later claims there was no written lease and refuses to pay.

The landlord may argue implied agreement through consistent payment and course of dealing. Carla may still challenge unreasonable increases or special assessments not previously agreed upon.

Example 4: HOA bills owner, tenant pressured at gate

Dino’s landlord has unpaid HOA dues. The HOA guards tell Dino he cannot enter unless he pays the owner’s arrears.

Dino may argue that he is a lawful occupant and that the HOA should collect from the owner. Restricting access to his residence may be improper, especially if Dino is not personally liable.

Example 5: Special assessment for road repair

Ella agreed to pay monthly HOA dues of ₱1,000. The HOA later imposes a ₱20,000 special assessment for road rehabilitation. The landlord demands that Ella pay it.

Ella may argue that her agreement covered only regular monthly dues, not capital assessments that benefit the owner’s property.

27. Legal Analysis: Is the Charge Valid?

To determine whether charging HOA dues to an apartment tenant without a lease is lawful, ask these questions:

1. Who is billed by the HOA?

If the bill is addressed to the owner, that suggests the owner is primarily liable.

2. Is the tenant a member of the HOA?

If not, the tenant is less likely to be directly liable to the HOA for membership dues.

3. Was there an agreement?

A written lease is strongest, but texts, receipts, and oral agreements may also matter.

4. Was the charge disclosed before occupancy?

Prior disclosure supports enforceability. Surprise charges are weaker.

5. Is the charge regular or extraordinary?

Regular monthly dues are easier to pass on if agreed. Special assessments usually require clearer agreement.

6. Is the amount reasonable and documented?

The landlord should not collect more than the actual dues unless clearly included as rent or separately agreed.

7. Is the demand retroactive?

Retroactive charges without prior agreement are more vulnerable.

8. Is the charge a disguised rent increase?

If so, rent control and fair dealing concerns may arise.

9. Is there proof of prior payment or acceptance?

Repeated payment may show implied consent.

10. What remedy is being threatened?

Even valid claims must be enforced through lawful means.

28. Barangay Conciliation and Court Remedies

Many landlord-tenant disputes between individuals in the same city or municipality may first go through barangay conciliation before court action, subject to exceptions.

Possible disputes include:

unpaid dues;
return of deposit;
reimbursement;
harassment;
unlawful lockout;
demand to vacate;
small money claims.

If unresolved, the matter may proceed to the proper court or forum depending on the claim. Ejectment cases are typically filed in the appropriate first-level court. Money claims may be filed under the relevant civil procedure rules if within jurisdictional thresholds.

29. Best Practices for Landlords

Landlords should avoid ambiguity. Even a simple written agreement is better than none.

A good lease should state:

monthly rent;
due date;
whether HOA dues are included or excluded;
exact amount, if fixed;
who pays increases;
who pays special assessments;
who pays penalties;
who receives HOA statements;
whether tenant pays HOA directly or reimburses landlord;
consequence of nonpayment;
security deposit deductions;
move-in and move-out charges;
parking, gate pass, and amenity fees.

A landlord who wants tenants to pay HOA dues should disclose this before accepting rent or allowing move-in.

30. Best Practices for Tenants

Tenants should ask before moving in:

Is the rent inclusive of HOA dues?
Are there separate subdivision or association charges?
How much are they?
Are they fixed or variable?
Are there special assessments?
Who pays gate stickers, parking, garbage, and security fees?
Will receipts be issued?
Are there arrears from the owner?
Will the HOA recognize the tenant as an authorized occupant?

Tenants should avoid relying purely on verbal promises where possible. Even a text message confirmation can help prevent disputes.

31. Sample Clause: HOA Dues Included in Rent

The monthly rent is inclusive of regular homeowners’ association dues existing as of the commencement of this lease. The landlord shall remain responsible for payment of such regular dues to the homeowners’ association. Any increase in regular dues shall be for the account of the landlord unless otherwise agreed in writing.

This favors the tenant.

32. Sample Clause: HOA Dues Excluded from Rent

The monthly rent is exclusive of homeowners’ association dues. The tenant shall reimburse the landlord for regular monthly HOA dues applicable to the leased premises upon presentation of the official billing statement or receipt. Special assessments, capital improvement charges, penalties arising from the landlord’s default, and owner-specific charges shall remain for the account of the landlord unless expressly agreed in writing.

This is balanced because it separates regular dues from special owner-related charges.

33. Sample Clause: Tenant Pays HOA Directly

The tenant shall pay the regular monthly HOA dues directly to the homeowners’ association during the term of occupancy, provided that the landlord furnishes proof of the amount due and the HOA accepts direct payment from tenants. The tenant shall provide copies of official receipts to the landlord. Any dues accruing before the tenant’s occupancy shall remain for the landlord’s account.

This avoids disputes over arrears.

34. Sample Tenant Response to Unsupported HOA Dues Demand

I acknowledge your message regarding HOA dues. Based on our rental arrangement, I agreed to pay monthly rent in the amount of ₱_____. I was not informed before moving in that HOA dues would be charged separately, and I have not agreed to assume the owner’s HOA obligations.

Please provide the HOA billing statement, the period covered, the basis for charging this to me as tenant, and any agreement showing that I accepted this separate charge. I will continue paying the agreed monthly rent while this issue is being clarified.

35. Sample Landlord Demand Where Tenant Agreed to Pay

This is to remind you that under our rental arrangement, the monthly rent is exclusive of HOA dues, which you agreed to shoulder during your occupancy. The HOA dues for the period _______ amount to ₱_____, as shown in the attached billing statement.

Please settle the amount on or before _______. Kindly send proof of payment once completed. Failure to settle agreed charges may be treated as a breach of our rental arrangement, without prejudice to the appropriate legal remedies.

36. Common Misconceptions

“There is no written lease, so the landlord can charge anything.”

False. The absence of a written lease does not give the landlord unlimited power to impose new charges.

“The tenant lives there, so the tenant automatically pays HOA dues.”

Not necessarily. Occupancy alone does not automatically make the tenant liable for owner or member dues.

“The HOA can collect from anyone staying in the property.”

Not automatically. The HOA must have a valid basis to collect from the tenant directly.

“If the tenant refuses HOA dues, the landlord can lock the tenant out.”

False. Lockouts and self-help eviction can expose the landlord to liability.

“If the tenant paid once, the tenant is forever liable.”

Not always. One payment may be evidence of agreement, but context matters. The tenant may have paid under protest or for a specific limited charge.

“All association charges are the same.”

False. Regular dues, special assessments, penalties, parking fees, gate stickers, and utility-like service fees may have different legal treatment.

37. Bottom Line

In the Philippine context, charging HOA dues to an apartment tenant without a written lease is not automatically illegal, but it is not automatically enforceable either.

The decisive question is whether the tenant validly agreed to pay the dues or whether there is another lawful basis for imposing them on the tenant.

As a working rule:

The HOA’s primary claim is usually against the owner/member. The landlord may pass the charge to the tenant only by agreement. The tenant is not automatically liable merely because there is no written lease. Retroactive or surprise HOA dues are legally vulnerable. Nonpayment can justify legal action only if the dues are truly part of the tenant’s agreed obligations. Eviction or access restrictions must follow lawful procedures.

For tenants, the safest position is to continue paying undisputed rent, request proof, and document objections. For landlords, the safest practice is to put the obligation in writing before move-in. For HOAs, the safest approach is to collect from the owner/member unless the tenant has clearly assumed responsibility under a valid arrangement.