Suggestion Homeowner Association and personal responsibilities

There were posted papers on the gate, naming those who had paid, who had not paid and who were delinquent. I am not sure it had much effect at I rode by it many times before a neighbor called it to my attention. It was three 8 1/2 x 11 Paper type written and you had to get to the wall to read it. No much of a public display.
Apparently the original developer/owner said that some buyers would never have to pay dues. I do not even what to have that one explained to me. Of coarse he is dead now. Luckily as a foreigner I do not have the right to own so I rent and just move on when the problems get too big. The inability to lawfully own land may have been a great gift by the lawmakers to keep foreigners from being screwed by bad land deals. Foreigners generally do not like the " rule of justice or lack of justice" that is typical to these type of situations. There is a thread on another forum, and my HOA issues seem minor compared to some listed there.
The Meeting was yesterday afternoon, in the native language, so I really do not know what is going to happen. My representative interpreter was not very clear about things. I will continue to pay my rent and run out my lease and then make a decision. It is not bad living here, but aggravating at times.
My thought would be to hire the Abu Sayyfaa to collect dues as they do a pretty good job on some of their Islands, seems like Duterte would like them to change professions. So they maybe available for work elsewhere. The collection business would be "a natural" for them.

 

Ask the guard: If they have not paid their dues, which includes your salary, why do you let them in the gate?

I mean they may own their plot of land in the subdivision but do they have the right to use the HOA roads to get to it if they have not paid their dues?

 

I can tell you what the HOA did at the last place we rented. Even the home owner we were renting from refused to pay the 300 peso a month fee. So the President made up a large sign and set it next to the Guard house s when you are leaving it can be read. The sign was a list of all the home owners running down the left side and along the top was the months of the year. It listed for all to see who paid and who did not. Then they issued a windshield sticker for the cars and M/C's to the Home owners who paid. The guard would only open the gate for the residents who paid the fees. The others had to open the gate themselves. After 3 months the payments started coming in and people would even pay 3 to 6 months advance. Public shame is a very powerful tool.

 

Good Solution Steve. Thanks... I will try to pass it on to appropriate people.

As most senerios here in the Philippines, this will probably just turn into a circus of people point fingers at each other. Most people who have lived here any length of time has seen the folly of trying to get someone to voluntarily live up to their responsibilities here or aboard. The promises of dead owner to some people that they would never have to pay dues, is just the process of raising the circus flags and having the elephant march around the streets. The Circus is about to begin. Best reason I know not to buy land here.

 

Dave, been there done that even being elected President of one association. These are the rules.

1. A developer has to have HLURB approval for the subdivision outlining the platting and amenities. The developer is then certified to sell lots and build buildings and infrastructure.
2. When all has been completed, HLURB allows the formation of a homeowner association governed by ByLaws voted on at a General Meeting where the Officers and Board of Directors are elected and ByLaws are approved. The initial meeting of the Board of Directors approves opening a bank account requiring two signatures on any withdrawal.
3. The homeowners association incorporates and submits a set of books to HLURB for approval. The books are for one year only so a new set along with the old books from the previous year are submitted to HLURB in Cebu. If the books are satisfactory, the old books are stamped along with the new set.
4. Any changes to the officers or Board are required to notify HLURB.

The ByLaws should contain broad Mission Statement and specify who is a member and their responsibilities. If a subdivision has its own water system exclusively, collecting dues is simplified because they are specified on the water bill. Don't pay the water bill and the association cuts off the water. If the Dumaguete Water District or the Sibulan Water district supplies the water, the homeowner association doesn't have a collection mechanism.

The Developer allows police and fire departments access to the subdivision. Generally, anyone who lives in a house is a member of the homeowners association and can hold office if elected. If the wife or girlfriend lives with you they are the member regardless of who actually owns the house.

For disputes within a Barangay, the Barangay Captain determines the facts of the dispute before one goes to City Court. Barangay Tanods maintain order in the Barangay.

If living in a subdivision is untenable the only practical solution is move regardless if you are Filipino or Foreigner. If you own lots, sell them.

Good things can happen in Homeowners Associations but they are always subject to change.

shakey

 

And "settled" first in the barangay hall where the accused could say "I'm sorry, I am so desperate with the situation"(sob, sob and more sobs). In this case I don't think it will go to the higher court.

 

I was defamed, maliciously, in public by a Filipina in 2012, she was arrested (bonded out) and we were still awaiting trial proceedings when we left in 2015. Court cases drag on forever there.......I am not admonishing defamation, but even if it occurs, it will be years before it ever comes up in court!!

 

T

There was a thread recently where an American was falsely accused of rape by a Filipina and spent 5 years in detention because he filled a case against her and won.
I'd keep that in mind.
Sometimes you just can't win.