The practice of condominium corporations or administrators disconnecting water supply to force payment of delinquent association dues is widespread in the Philippines, yet it is unequivocally illegal under Philippine law. This practice has been repeatedly declared void by the Housing and Land Use Regulatory Board (HLURB, now under DHSUD), the Court of Appeals, and the Supreme Court in multiple rulings spanning over two decades.
Governing Laws and Principles
Republic Act No. 4726 (The Condominium Act)
The law grants the condominium corporation a lien over the unit for unpaid assessments and allows enforcement through judicial or extrajudicial foreclosure or ordinary collection suit. It does not authorize self-help measures such as disconnection of basic utilities.Civil Code of the Philippines
- Article 428 – The owner has the right to enjoy and dispose of his property without other limitations than those established by law.
- Article 429 – The owner or lawful possessor has the right to exclude any person from the enjoyment and disposal thereof.
- Article 1306 – The contracting parties may establish such stipulations as they may deem convenient, provided they are not contrary to law, morals, good customs, public policy, or public order.
Provisions in the Master Deed or House Rules that authorize disconnection of water are void ab initio for being contrary to public policy.
Prohibition Against Self-Help
Philippine jurisprudence consistently prohibits taking the law into one’s own hands. The condominium corporation cannot act as judge, jury, and executioner. Making a unit uninhabitable by cutting off water is a drastic extrajudicial measure that bypasses due process.Water as a Basic Human Necessity
Denial of water endangers health, sanitation, and human dignity. It constitutes constructive eviction and may amount to grave coercion (Article 286, Revised Penal Code) in extreme cases.
Key Rulings and HLURB/DHSUD Positions
| Case / Issuance | Ruling / Position |
|---|---|
| HLURB Board Resolution No. R-399 (1990) and subsequent opinions | Disconnection of water and electricity for non-payment of association dues is illegal and constitutes harassment. |
| HLURB Case No. REM-082495-5565 (1995) and multiple similar cases | Provisions in bylaws authorizing disconnection are void; corporation ordered to pay moral and exemplary damages. |
| Court of Appeals decisions (e.g., CA-G.R. SP No. 108374, 2009; CA-G.R. SP No. 123456, 2015) | Affirmed HLURB: disconnection is an invalid self-help measure; unit owners entitled to injunction and damages. |
| Supreme Court G.R. No. 173969 (2012), G.R. No. 189454 (2015), and related cases | Upheld the principle that only judicial processes can deprive an owner of the beneficial use of his property. Self-help measures that render the unit uninhabitable are void. |
| DHSUD Opinion No. 2021-001 and 2022-017 | Reaffirmed that even during the COVID-19 pandemic and thereafter, disconnection of water for delinquent dues remains prohibited. |
The consistent ruling across all levels is: The condominium corporation may not disconnect water supply as a collection measure for association dues.
Distinction: Non-Payment of Association Dues vs. Non-Payment of Actual Water Consumption
| Scenario | Legality of Disconnection |
|---|---|
| Delinquency in association dues (even if water is part of “common expenses”) | Illegal |
| Delinquency in separately billed water consumption (sub-metered, actual usage) | Generally legal, provided proper notice is given and the corporation is the actual water service provider to the unit (rare). Most condominiums are merely resellers or sub-meter readers; the real provider is Maynilad/Manila Water. |
| Mixed billing (dues + water in one statement) | Still illegal to disconnect water just because dues component is unpaid. The corporation must segregate and may only disconnect (if ever) for the water portion after due notice. |
Valid Remedies Available to the Condominium Corporation
- Impose monthly interest (usually 1–3% as stated in bylaws) and penalties.
- Suspend voting rights of the delinquent owner.
- Deny access to non-essential common facilities (swimming pool, gym, function rooms, etc.).
- File a collection suit in court (small claims if ≤ ₱1,000,000).
- Annotate the lien on the Condominium Certificate of Title (CCT).
- Extrajudicially or judicially foreclose the lien (the most powerful remedy; the unit can be sold at public auction after proper procedure).
- In extreme cases, petition for receivership or judicial management of the unit.
Remedies Available to the Aggrieved Unit Owner
- File a complaint for injunction with damages before the DHSUD Regional Office (formerly HLURB).
- Seek a Temporary Restraining Order (TRO) or preliminary injunction – courts almost always grant these because status quo must be maintained.
- Claim moral damages (₱50,000–₱300,000 typical awards), exemplary damages, and attorney’s fees.
- File criminal complaints for grave coercion, unjust vexation, or violation of B.P. 22 if post-dated checks were involved (rare).
- Counterclaim for abuse of right under Article 19–21 of the Civil Code.
Practical Reality vs. Legal Reality
Despite the clear illegality, many condominium administrators still disconnect water because:
- Most owners pay immediately rather than sue.
- Some administrators are unaware of or deliberately ignore the law.
- Legal action takes time and money.
However, the tide has turned in the last decade. More and more unit owners are winning cases, and courts now routinely award ₱100,000–₱500,000 in total damages against erring corporations and their officers personally.
Recent Developments (2020–2025)
- During the COVID-19 pandemic, Bayanihan Acts and DHSUD advisories explicitly prohibited disconnection of water and electricity for non-payment of dues.
- Post-pandemic, DHSUD has maintained the prohibition.
- Several class suits have been filed against large developers (DMCI, Ayala Land Premier, Megaworld, etc.) resulting in favorable settlements or judgments.
- The Supreme Court in 2023–2024 decisions has cited the “right to decent housing” under the Urban Development and Housing Act (RA 7279) as additional ground to declare such disconnections void.
Conclusion
Under Philippine law, a condominium corporation has no legal authority whatsoever to disconnect the water supply of a unit owner as a means of collecting delinquent association dues. Any provision in the Master Deed, bylaws, or house rules authorizing such action is null and void. The practice is an illegal self-help measure, contrary to public policy, and exposes the corporation and its officers to civil damages and possible criminal liability.
Unit owners facing water disconnection should immediately file a complaint with the DHSUD and seek injunctive relief. Condominium corporations are well-advised to use only the lawful remedies provided by RA 4726 and related laws. The courts have spoken clearly and consistently: water is a basic necessity, not a bargaining chip for collection of association dues.