I. Introduction

Water leaks and construction defects are among the most common – and most frustrating – problems faced by condominium unit owners in the Philippines. They can damage interiors, lower property values, create health risks (mold, dampness), and trigger disputes with developers, neighbors, and condominium corporations.

This article explains, in the Philippine legal context:

Who is responsible for leaks and building defects
What rights a condominium unit owner has when those problems are not repaired
What legal remedies and forums are available
Practical strategies to protect one’s rights

The discussion is based primarily on:

The Civil Code of the Philippines
The Condominium Act (Republic Act No. 4726)
Subdivision and Condominium Buyers’ Protective Decree (Presidential Decree No. 957)
National Building Code (Presidential Decree No. 1096)
Revised Corporation Code (Republic Act No. 11232)
Consumer Act (RA 7394) and related special laws
Implementing rules of housing regulators (formerly HLURB; now DHSUD / HSAC structure)

This is general information, not a substitute for legal advice on a specific case.

II. Legal Framework Governing Condominiums and Building Defects

1. Dual nature of condominium ownership

Under RA 4726 (Condominium Act), buying a condo unit gives you:

Exclusive ownership of the unit’s interior space (as defined in the master deed); and
Co-ownership of the common areas (land, structural elements, roof, hallways, main pipes, etc.) through a condominium corporation or direct co-ownership.

This division is crucial for leaks and defects: obligations differ depending on whether the defective part is part of your unit or part of the common areas.

2. Key laws and legal sources

Condominium Act (RA 4726)
- Governs creation, structure, and operation of condominium projects.
- Authorizes the collection of assessments for repair and maintenance.
- Gives the condominium corporation a lien on units for unpaid dues.
PD 957 (Subdivision and Condominium Buyers’ Protective Decree)
- Imposes duties on developers to build in accordance with approved plans and specifications.
- Regulates licenses to sell and completion of projects.
- Provides remedies for buyers against developers for non-compliance and defects.
Civil Code
- Sale of real property: warranties against hidden defects; liability for breach of contract; damages.
- Contracts for construction:
  - Article 1723: liability of architects/engineers/contractors if a building collapses or suffers serious defects due to deficiencies in design or construction within a certain period.
- Obligations & Contracts: rights to specific performance, rescission, and damages.
- Nuisance, quasi-delict (torts): liability for negligence causing damage to another’s property.
National Building Code (PD 1096) and related regulations
- Provides minimum standards for structural strength, durability, sanitation, drainage, waterproofing, etc.
- Local building officials may order correction or demolition of unsafe or non-compliant construction.
Revised Corporation Code (RA 11232)
- Governs condominium corporations as ordinary corporations with special features under RA 4726.
- Directors and officers owe fiduciary duties to the corporation and its members; failure to maintain the building may amount to a breach of those duties.
Consumer and housing regulations
- Consumer Act (RA 7394) and housing regulations can provide additional angles for misrepresentation or substandard quality by developers.
- Housing disputes with developers over defects often fall under housing adjudication bodies (formerly HLURB, now HSAC structure under DHSUD).

III. Who Is Responsible for Leaks and Defects?

To know your rights, you must first determine who is legally responsible for the problem.

A. Defects in Common Areas

Typical examples:

Roof and exterior walls
Structural beams, slabs, and columns
Main vertical pipes and drainage lines
Common hallways, fire exits, mechanical rooms, façade

Responsibility:

Condominium corporation / association, funded by association dues and special assessments, is generally responsible for maintenance, repair, and replacement of common areas.
The Board of Directors/Trustees decides on repairs and budgets, subject to the Master Deed and By-Laws.

If a common area defect (e.g., a leaking roof or façade) causes damage inside your unit:

The association normally has the primary obligation to fix the source (e.g., roof membrane, exterior waterproofing).
You may claim indemnity for resulting damage (e.g., ruined ceiling, furniture, mold remediation) depending on negligence, by-laws, and insurance coverage.

B. Defects Inside the Unit

Examples:

Leaking flexible hose under your sink
Aircon condensate drain improperly installed within your unit
Deteriorated tiles, local waterproofing in your bathroom that was altered by you or your contractor

General rules:

If the defect arises from your own improvements, appliances, or negligence, you are usually responsible for repairs and any damage you cause to neighbors or common areas.
If the defect arises from original construction done by the developer (and not altered by you), you may have claims against:
- The developer / seller, and
- Sometimes the contractor / architect, depending on the nature of the defect and its severity.

C. Defects Caused by Another Unit Owner

If your ceiling leaks because the unit above has a leaking bathroom or aircon:

The unit owner above may be liable if:
- The leak is caused by their negligence (e.g., failure to maintain fixtures), or
- They made unauthorized alterations causing damage.
The association may also have responsibilities if the leak involves common pipes or shared systems.

This may give rise to claims based on quasi-delict (tort/negligence), nuisance, or breach of by-laws.

D. Defects Attributable to the Developer

The developer may be liable where:

There are latent defects (hidden defects) in design or construction that manifest after turnover, such as chronic water infiltration, poor waterproofing, defective plumbing design, or structural issues.
The project materially deviates from approved plans and specifications submitted to and approved by authorities and regulators.
The developer misrepresented the quality or features of the building.

Legal bases for liability:

Warranty against hidden defects (Civil Code – sale of real property)
Breach of contract of sale
Liability under PD 957 (non-compliance with approved plans and standards)
Liability of architects/engineers/contractors under Civil Code provisions (e.g., serious defects endangering structural soundness)

IV. Rights of Unit Owners When Leaks and Defects Are Not Repaired

1. Right to demand repair and maintenance of common areas

As a member of the condominium corporation, you have the right to:

Demand that the association repair common areas when they are defective and causing damage to units.
Invoke provisions in the Master Deed, Declaration of Restrictions, and By-Laws requiring the association to keep common areas in good condition.

If the association fails or refuses without valid basis, you may:

Send a formal written demand to the Board and property management.
Ask that the item be placed on the agenda of the next members’ meeting or call for a special meeting (subject to the minimum percentage of members required).
If still ignored, file:
- A civil action for specific performance and damages; and/or
- In serious cases, a derivative suit in behalf of the condominium corporation against directors/officers for breach of fiduciary duty.

2. Right to compel the developer to correct defects

If leaks and building defects trace back to original construction and a relatively short time has passed since turnover, you may:

Enforce warranties against hidden defects and breach of contract of sale.
Claim that the developer failed to construct according to approved plans and building standards, invoking PD 957 and the Building Code.
File administrative and/or quasi-judicial complaints with the appropriate housing and adjudication bodies.

Depending on the case, possible remedies include:

Compulsory repair or rectification by the developer
Price reduction or partial refund
Rescission of sale in extreme cases (usually only for serious defects or failure to complete/turnover)
Damages (actual, moral, exemplary, attorney’s fees)

Note: There are prescriptive periods (time limits) to bring actions (e.g., for contracts, quasi-delict, etc.), so delays in asserting rights can weaken your case.

3. Right to damages

Where a party breaches their duty or is negligent, you may claim:

Actual (compensatory) damages – cost of repairing your unit’s interior, replacing damaged belongings, temporary accommodation if you had to vacate, etc.
Moral damages – in cases of bad faith, gross negligence, or serious inconvenience and stress.
Exemplary damages – to set an example, where bad faith or wanton disregard of rights is proven.
Attorney’s fees and litigation expenses, under conditions set by the Civil Code.

Liable parties may include:

The condominium corporation (for failure to maintain common areas)
The developer/contractor (for construction defects)
Another unit owner (for negligent acts using their unit)

4. Right to emergency self-help repairs (with reimbursement)

If a leak or defect poses an immediate risk to life, health, or substantial property damage, and the association or developer fails to act promptly despite notice, a unit owner may:

Arrange emergency temporary measures (e.g., tarping, temporary sealing, shutoff of water within the unit, temporary relocation of affected family members).
Afterwards, demand reimbursement for reasonable expenses if, legally and under the by-laws, the responsibility for the source of the leak lies with the association or developer.

Always document: photos, videos, invoices, communications.

5. Right to access information and participate in governance

As a member of the condominium corporation, you generally have the right to:

Inspect corporate records: minutes, financial statements, budgets, records of repair contracts, insurance policies, etc.
Participate in members’ meetings and vote on matters such as special assessments for major repairs.
Run for the Board or support candidates who prioritize building maintenance.

This transparency can reveal whether the Board has been negligent (e.g., ignoring engineer recommendations, underfunding repairs, misusing association funds).

V. Limits: Can You Withhold Association Dues?

Many owners assume that if the association fails to fix leaks and building defects, they can stop paying dues. This is risky.

Under RA 4726 and most condominium By-Laws:

Association dues and assessments are usually independent obligations of the owners.
The condominium corporation has a lien on the unit for unpaid assessments and may eventually proceed to foreclosure if arrears accumulate.

Courts and regulators generally frown on unilateral withholding of dues as a form of protest, because:

It undermines the association’s ability to maintain the building at all.
Other unit owners are unfairly burdened.

Safer approach:

Continue paying dues under protest (and keep proof of payment).
Separately assert your claims and file cases if necessary.
Use governance mechanisms (elections, meetings, petitions) to change a non-performing Board or management.

VI. Forums and Procedures for Enforcing Rights

1. Internal remedies: Association and Developer

Step 1: Written notice and demand

Send a formal letter or email to:
- Property management / condominium admin
- Board of Directors/Trustees
- Developer (if still within warranty period or if defects are obviously construction-related)
Attach photos, videos, and descriptions of the leak/defect, including dates and observable patterns (e.g., leaks during heavy rain).

Step 2: Follow-up and meetings

Request written replies and timelines for action.
Ask that the issue be taken up in the next Board or members’ meeting.
Organize with other affected owners if the problem is widespread; collective action often has more weight.

Keep all communications – they become crucial evidence later.

2. Local government and building officials

Under the National Building Code (PD 1096):

The Local Building Official has authority to inspect and require correction of unsafe, unsanitary, or structurally deficient conditions.
For severe leaks and structural defects, you may:
- File a complaint with the building official or engineering office of the city/municipality.
- Request inspection and issuance of orders to compel compliance.

This is particularly relevant if you suspect code violations or risk to public safety.

3. Housing and adjudication bodies (developer-related issues)

Disputes involving developers, especially on:

Construction defects
Non-compliance with PD 957 and approved plans
Failure to deliver promised amenities or proper turnover

are typically brought before the appropriate housing adjudication body (successor of HLURB), which can:

Order developers to rectify defects
Impose fines and sanctions
Provide monetary awards and reliefs to buyers

The procedure usually involves:

Filing a verified complaint with supporting documents and evidence.
Pre-trial conferences and mediation.
Presentation of documentary and testimonial evidence.
Decision and possible appeal.

4. Regular courts

You may file cases in regular courts for:

Specific performance (compelling repairs, compliance with contracts/by-laws)
Damages (against developer, association, or another unit owner)
Injunctions, including:
- Preliminary mandatory injunction to compel urgent repairs
- Prohibitory injunction to stop acts worsening the damage

Choice of court level depends on amount involved and nature of relief.

For relatively modest claims (e.g., cost of repairs within the threshold set by rules), the Small Claims Court procedure may be quicker and simpler, though it does not issue injunctions (only money judgments).

VII. Technical Proof: The Importance of Evidence

For unrepaired leaks and construction defects, your rights are only as strong as the proof you can present.

Useful evidence includes:

Photographs and videos showing the leak or defect at different times (e.g., during rain, after repairs that did not work)
Engineer/architect/plumber reports identifying the likely source and cause (common area vs unit-level; design vs workmanship vs maintenance issue)
Moisture readings, mold reports if health issues arise
Receipts and invoices for repairs, hotel stays, cleaning, replacement of damaged items
Medical records if the issue has caused illness
Communications with management and developer: emails, letters, text messages, Viber/WhatsApp messages

The more clearly you can show:

There is a defect or leak;
Where it comes from (common area, other unit, original construction, etc.); and
That they were notified and failed to act;

the stronger your legal position becomes.

VIII. Insurance As an Additional Layer

Condominium buildings typically have master insurance policies (fire and allied perils, sometimes extended to certain water damage). Unit owners may also carry their own contents insurance.

Key points:

Master policy may cover damage to common areas and sometimes structural aspects.
Your personal policy may cover interior improvements, furniture, appliances, etc.
Insurers often exclude defects in workmanship or design, but may cover resulting water damage from a sudden event (burst pipe, etc.).
After paying, insurers are subrogated to your rights and may pursue the developer/association/negligent party.

Insurance does not erase your right to demand proper repair of defects or to claim any uninsured losses.

IX. Frequently Asked Practical Questions

1. My ceiling leaks only when it rains. The admin says it’s “wear and tear.” What can I do?

If the source is the roof or exterior wall, this is usually a common area.
You can demand that the association engage qualified engineers and proper waterproofing contractors, not just patchwork.
If they refuse or delay unreasonably, formal written demands, complaints to regulators, and even court action for specific performance and damages are available.

2. The association keeps “spot repairing” but the leak always comes back. Can I insist on a full proper repair?

Yes. Repeated ineffective repairs can show negligence or bad faith.
You can request engineering studies and a long-term repair plan, not just cosmetic fixes.
If the Board refuses adequate action, you may organize other owners and use governance tools or legal remedies to compel proper repairs.

3. The leak is from the unit above me. The owner above won’t cooperate. What are my remedies?

Notify the association; they generally have authority under the By-Laws to require unit owners to repair problematic fixtures and allow inspection.
If the neighbor still refuses, you may file a civil case for damages and/or injunction, and possibly raise nuisance claims.
Documentary proof (photos, plumber’s report, correspondence) is vital.

4. The developer says my unit is out of warranty. Am I helpless?

Not necessarily. Even if a contractual “warranty period” has lapsed, you may still have:
- Civil Code remedies for breach of contract or hidden defects;
- Claims based on serious construction defects that amount to violations of building standards;
- Remedies under PD 957 and other housing regulations (subject to prescriptive periods and factual circumstances).
Seek an evaluation from an independent engineer or lawyer to see if you still have viable claims.

5. Can the association cut off my water or deny gate access because I complained or filed a case?

Associations must enforce rules fairly and cannot arbitrarily deny essential services as retaliation.
However, they may have lawful sanctions for non-payment of dues (e.g., restrictions on use of amenities, not essential utilities), depending on by-laws and applicable regulations.
Retaliatory acts can be challenged as abuse of rights or even as violations of corporate and housing regulations.

X. Practical Tips for Unit Owners

Read your documents
- Master Deed, Declaration of Restrictions, By-Laws, House Rules, and your Contract to Sell / Deed of Absolute Sale.
- These documents specify repair responsibilities, processes for complaints, and internal dispute mechanisms.
Document early and often
- Don’t rely on verbal promises. Take photos, seek written acknowledgment of complaints, and keep everything organized.
Act quickly; do not “sit” on the problem
- Delays may be used to argue that the damage worsened because of your inaction, or that your claims are barred by prescription.
Coordinate with other affected owners
- Collective complaints carry more weight with both management and regulators, and cost-sharing for technical reports becomes easier.
Consider negotiation and mediation first
- Litigation is slow and costly. Many disputes are resolved through mediation or negotiated settlements, especially when the technical problem is clear.
When needed, consult professionals
- An engineer/architect can pinpoint technical causes.
- A lawyer can guide you on the best combination of administrative, corporate, and court remedies available in your specific case.

XI. Conclusion

In the Philippines, condominium unit owners are not powerless when faced with unrepaired water leaks and building defects. The law provides:

A clear framework of responsibilities (developer, association, co-owners);
Contractual and statutory rights to demand proper construction, maintenance, and repair;
Multiple forums and remedies – internal, regulatory, and judicial – to enforce those rights; and
The possibility of damages and sanctions against those who unreasonably refuse to act.

The key is to identify the true source of the leak or defect, document everything, invoke the right legal bases, and use the available procedures in a timely and strategic way.