A homeowner in SofTouch Subdivision in Purok Atis, Barangay Calajoan, Minglanilla, Cebu, has spoken out against unreasonable subdivision rules that have caused hardship and embarrassment for many residents. For years, security guards have enforced policies that exceed legal limits and infringe on homeowners' rights.
Unfair Restrictions on Tricycle Drivers
One of the most concerning practices is the ban on tricycle drivers entering the subdivision without a personal ID, even if they are transporting a homeowner to their residence. In some cases, senior citizens and persons with disabilities (PWDs) have been forced to walk from the gate to their homes, regardless of rain or extreme heat. While those who created these rules may view them as minor, for affected residents, they are a major inconvenience.
Balancing Security with Residents' Rights
Security is undoubtedly important, and every homeowner desires a peaceful and safe community. However, security measures must always be balanced with the rights and welfare of residents. Rules that effectively block homeowners, their visitors, service providers, and drivers from reasonably accessing homes can become instruments of harassment rather than protection.
Supreme Court Precedent: La Costa Brava Case
The Supreme Court's decision in the La Costa Brava case underscores a fundamental principle: homeowners' associations have power, but it is not absolute. The Court recognized that while an association has the right to penalize delinquent members for unpaid dues, it cannot restrict access to common areas such as roads. The reason is simple: roads are not privileges to be granted or revoked at the whim of association officers; they are common areas intended for the use and benefit of all homeowners.
This principle is not limited to unpaid association fees. It serves as a reminder that association governance must be guided by justice and fairness.
Magna Carta of Homeowners and Homeowners' Associations
The purpose of homeowners' associations is to build a strong community and foster good neighborly relations, not to erect barriers between them. Their officers are elected to serve, not to exercise power without clear limits. All policies must reflect the spirit of the Magna Carta of Homeowners and Homeowners' Associations, which aims to protect the welfare of the community and the individual rights of every homeowner.
The Supreme Court's message is clear: associations have the right to enforce rules, but these must be based on what the law prescribes.
