If you own a home in a Philippine subdivision, village, or similar residential community and have ever wondered whether the elected or appointed officers of your Homeowners Association (HOA) must pay the same monthly dues as every other member, you are asking a question that surfaces frequently in community group chats, meetings, and online forums. Many residents assume that board members who volunteer their time deserve some form of break on dues, or they have heard rumors that their own HOA’s by-laws or a board resolution exempts officers. Under Philippine law, the answer is straightforward: HOA officers are not exempt from paying monthly dues. They carry the same obligation as any other member.

This obligation comes directly from the law that governs homeowners associations across the country. Understanding why officers must pay, what limited benefits they can legally receive instead, and what you can do if your board appears to be treating itself differently helps protect both your wallet and the fairness of your community.

The Core Legal Rule Under Republic Act No. 9904

Republic Act No. 9904, the Magna Carta for Homeowners and Homeowners’ Associations (approved January 7, 2010), establishes the rights and duties of every HOA member. Section 8 explicitly lists the duties of a member:

(a) to pay membership fees, dues and special assessments;
(b) to attend meetings of the association; and
(c) to support and participate in projects and activities of the association.

An officer or member of the board of directors or trustees is first and foremost a member of the association. Election or appointment to the board does not remove or suspend this statutory duty. The law does not contain any provision that carves out an exemption, waiver, or special discount for officers, the president, treasurer, secretary, or any other board position.

The 2024 Revised Implementing Rules and Regulations (RIRR) of RA 9904 reinforce this framework. Section 69 states that members of the Board shall serve without compensation. Directors and trustees are not entitled to salaries or regular pay for their governance role. The same section allows reimbursement of reasonable actual expenses incurred directly in connection with official activities, provided receipts and supporting documents are submitted. Reimbursement of documented expenses is not the same as exemption from dues. Dues fund the common services (security, street maintenance, garbage collection, lighting, etc.) that benefit everyone, including officers. Waiving dues for officers would effectively shift their share of those costs onto the rest of the members.

Because RA 9904 is a national law, it prevails over any conflicting provision in an association’s by-laws or any board resolution. By-laws must be consistent with the law; they cannot create exemptions that the statute itself does not authorize.

Why Officers Must Pay: Fairness, Accountability, and Fiduciary Duty

HOA officers hold a position of trust. They manage common funds, set policies that affect every household, and enforce rules on delinquent members. Allowing them to opt out of paying dues while collecting from everyone else creates an obvious conflict of interest and undermines the principle that everyone who benefits from community services should contribute proportionally.

In practice, this rule protects ordinary homeowners in several ways:

It prevents boards from quietly granting themselves “service credits,” “honoraria in kind,” or informal waivers that never appear in official records.
It reduces the risk of resentment and division that often arise when residents discover that the people sending collection letters or imposing sanctions are themselves behind on payments.
It supports the financial sustainability of the association. When officers pay like everyone else, the budget reflects genuine participation rather than hidden subsidies.

Real-world examples illustrate the point. In some villages, long-serving treasurers or presidents have gone years without paying while the association struggled with cash flow or while other members faced disconnection threats for far shorter delinquencies. When homeowners requested financial records and discovered the disparity, complaints followed. In other cases, boards attempted to pass resolutions “in recognition of volunteer service” that effectively waived dues for sitting officers. Such moves are legally vulnerable because they conflict with the clear duty in Section 8 of RA 9904 and the no-compensation rule in the IRR.

What Limited Benefits Can Officers Legally Receive?

The law draws a clear line between prohibited compensation and allowed reimbursements:

Reimbursements — Officers may claim actual, reasonable out-of-pocket costs (transportation to official meetings or seminars, printing of notices, supplies used for association work) when supported by official receipts. These claims must be properly documented and approved according to the association’s financial controls.
Per diems or allowances for specific activities — Some associations provide modest per diems for attendance at lengthy board or committee meetings when the by-laws and majority approval authorize it. These are not automatic and must be reasonable.
No regular salary or honorarium for board service — Directors and trustees serve without pay. Only non-board officers or employees (for example, a paid administrative staff member who is not a director) may receive compensation under the by-laws.

Any arrangement that effectively lets officers avoid paying their regular monthly dues crosses into unauthorized compensation or self-dealing.

Checking Your Own HOA’s Rules and Records

Even though the national law sets the default rule, you should still review your association’s specific documents:

Obtain a copy of the current by-laws (you have the right to inspect association records under Section 7 of RA 9904).
Look for any section on “compensation,” “benefits,” “waivers,” or “exemptions” for officers. Note the exact wording.
Request the latest financial statements, list of delinquent accounts (often presented in aggregate or anonymized form), and board meeting minutes that discuss dues or officer benefits.
Attend the annual general assembly or any meeting where the budget and dues are discussed. Ask direct but respectful questions about collections and whether all board members are current.

If your by-laws contain language that appears to exempt officers, remember that it cannot override RA 9904. You can still raise the issue internally and, if needed, with the regulatory agency.

What You Can Do If Officers Appear Not to Be Paying

Homeowners have practical avenues to address concerns:

Internal process first — Submit a written request for information or file a grievance through the association’s grievance committee (required under RA 9904). Keep copies of everything.
Request transparency — Exercise your right to inspect books and records and to receive annual financial statements.
Escalate if necessary — Unresolved issues involving officer conduct, misuse of funds, or failure to follow due process can be brought to the Department of Human Settlements and Urban Development (DHSUD) regional office. DHSUD (and the related adjudication body) has oversight over registered homeowners associations. Some collection and governance disputes fall under the jurisdiction of the Human Settlements Adjudication Commission (HSAC).
Document patterns — Note dates when collection letters were sent, any public announcements of sanctions against other members, and any evidence that officers are not current on their own obligations. Patterns of selective enforcement can strengthen a complaint.

Important: Continuing to pay your own dues while pursuing remedies is almost always the safer course. Withholding your payments in protest can expose you to sanctions, fines, or collection actions, even if you have legitimate grievances against the board.

Common Scenarios and Pitfalls

“Our by-laws say officers are exempt” — This claim appears in some older or developer-drafted documents. The national law still controls. Such a provision is likely unenforceable.
“They get service credits instead of cash” — Crediting officers’ personal accounts against future dues or giving them “free” access to facilities funded by everyone else is functionally the same as an exemption and carries the same legal risks.
Retaliation fears — Some residents hesitate to speak up because the same board controls enforcement. Written requests and group complaints (multiple homeowners signing together) provide some protection and create a paper trail.
Foreign property owners or officers — If you are a foreigner who owns (or has long-term rights to) property in the subdivision and serves as an officer, the same rules apply. Your membership obligations and the duties of officers do not change because of nationality. Note that Philippine constitutional restrictions on land ownership still apply separately from HOA rules.
Newly elected boards inheriting problems — Even a well-intentioned new board can face pressure to continue informal arrangements from previous officers. Starting fresh with full compliance (everyone pays) helps restore trust.

Frequently Asked Questions

Can the HOA president or treasurer legally stop paying monthly dues while in office?
No. Every member, including the president, treasurer, and all other officers and directors, has the duty under Section 8 of RA 9904 to pay membership fees, dues, and special assessments. There is no exemption for board service.

If our by-laws or a board resolution exempts officers from dues, is that valid?
No. By-laws and board actions must conform to RA 9904. Any provision or resolution that exempts officers from the statutory duty to pay dues conflicts with national law and is likely invalid or unenforceable.

Do officers receive any payment or benefit for serving on the board?
Board members (directors and trustees) serve without compensation. They may receive reimbursement for reasonable, documented out-of-pocket expenses incurred while performing official duties, as provided in the 2024 Revised IRR Section 69. Modest per diems for specific activities may be allowed if properly authorized, but these are not the same as waiving regular dues.

What happens if an officer becomes delinquent on dues?
The officer can be declared delinquent under the same procedures that apply to any member (notice and opportunity to be heard, as required by the by-laws and Section 9 of RA 9904). Delinquency may affect good standing, voting rights in some cases, and eligibility to continue in office. It can also become grounds for removal proceedings.

Can I withhold my own dues if I discover that officers are not paying?
No. Your obligation to pay remains independent. Withholding dues can lead to sanctions against you. The proper response is to pay what you owe and pursue complaints or grievances about officer conduct through the correct channels.

How can I verify whether board members are current on their dues?
You have the right to inspect association records and receive financial reports. Request the annual financial statements, delinquency summaries, and relevant board minutes in writing. Many associations present aggregate collection reports during general assemblies.

Does RA 9904 apply to all homeowners associations, including those in villages or socialized housing?
Yes. RA 9904 and its implementing rules apply to duly registered homeowners associations in subdivisions, villages, and covered housing projects nationwide. Specific by-laws still govern day-to-day details, but they cannot contradict the national law.

What government agency handles complaints about HOA officers or dues issues?
Start with your association’s internal grievance process. For unresolved matters involving governance, officer conduct, or dues, contact the regional office of the Department of Human Settlements and Urban Development (DHSUD). Some disputes may proceed to the Human Settlements Adjudication Commission (HSAC) or, in limited cases, the regular courts after required conciliation steps.

Are there any Supreme Court decisions directly stating that officers must pay dues?
While no single Supreme Court case addresses this exact scenario in isolation, the Court has consistently upheld the enforceability of duly adopted HOA dues and the requirement of due process in sanctions. The statutory duty in RA 9904 Section 8 is clear and has not been overturned.

Key Takeaways

Every member of a homeowners association in the Philippines, including all officers and board members, has a clear legal duty under Section 8 of Republic Act No. 9904 to pay membership fees, monthly dues, and special assessments.
There is no automatic exemption for officers. Election or appointment to the board does not cancel this obligation.
Officers serve without compensation, but they may claim reimbursement of reasonable, documented expenses incurred in performing official duties (2024 Revised IRR Section 69).
Any by-law provision or board resolution that attempts to waive or exempt officers from paying regular dues conflicts with national law and is likely unenforceable.
Homeowners have the right to inspect records, request financial information, and raise concerns through internal grievance procedures or with DHSUD.
Paying your own dues while properly documenting and escalating issues about officer compliance protects both your rights and the community’s resources.
Transparency and consistent enforcement by the board build trust; selective treatment of officers erodes it.

Understanding these rules empowers you to participate more confidently in your community and to insist on fair, lawful governance. When officers and members alike fulfill their obligations, the association is better positioned to deliver the security, maintenance, and services that make subdivisions livable for everyone.