By Aurea Calica Updated June 05, 2009 12:00 AM [ philstar.com ]
MANILA, Philippines - The Senate has approved on third and final reading a bill seeking to provide rights and duties to homeowners and lay down guidelines on the operations of homeowners associations.
Senate Majority Leader Juan Miguel Zubiri, author and sponsor of the measure, expressed confidence that Senate Bill No. 3061 or the Magna Carta for Homeowners and Homeowners Associations would help resolve controversies and disputes involving homeownership and services provided by homeowners associations to its members and non-members as well.
He said the passage of SB 3061 should end criticisms that the Senate was not acting on the proposed measure. The bill was submitted to the plenary Wednesday last week and was approved on third reading Tuesday night after lengthy debates and additional amendments proposed by Senate Minority Leader Aquilino Pimentel Jr., Senate President Pro Tempore Jinggoy Estrada and Senators Miriam Defensor Santiago and Panfilo Lacson.
“With this measure we will see lesser disputes between subdivisions against subdivisions, subdivision against their members, and members against other members. This Magna Carta will assist in solving several cases that are now languishing in the courts due to a lack of legislation concerning the matter,” Zubiri said.
He explained the measure would provide “clear-cut guidelines on how homeowners associations should conduct their operations and provide basic services to their homeowners, as well as homeowners knowing their rights as paying members.”
Zubiri added it would grant homeowners both members and non-homeowner members associations their rights and duties and finally “put to rest the issue of jurisdiction of homeowners associations, including their intra and inter-association controversies.”
Homeowners are defined under the bill as “not only those living in titled homes and lots in subdivisions but to lessees, awardees, beneficiaries, or occupants in government socialized or economic housing or relocation projects, and even underprivileged and homeless citizens while they are in the process of being accredited as beneficiaries or awardees of ownership rights under the Community Mortgage Program, Land Tenure Administration, and other similar programs.”
Zubiri said that “homeownership is not necessarily dependent on full and actual ownership, as even those with beneficial ownership can be entitled to the rights granted to homeowners.”
Lessees in government socialized housing projects or urban estates and those in communities of underprivileged and homeless citizens, he added, were also considered as homeowners for the purpose of qualifying as a member of a homeowners’ association without need of any written consent or authorization.
Likewise, the majority leader said that while all homeowners could become members of any homeowners’ association in their areas, “the bill recognizes that membership in any association is voluntary unless it is stipulated in the contract or annotated in the title.”
Zubiri said the rights and benefits of homeowners, both members and non-members of homeowners associations, were enumerated in the proposed legislation.
He stressed that “on grounds of equity alone, a non-member homeowner should contribute in the community expenses that redound to his or her benefit. (Therefore), a non-member homeowner has the duty to pay the costs and expenses incurred by the association for the payment of basic community services.”
Membership in homeowners associations, on the other hand, “entails more rights and responsibilities,” he said.
The Magna Carta for Homeowners and Homeowners Association specifies services which homeowner members can avail of such as community services and the use of common areas and facilities, including the inspection of association books and records during office hours, annual reports and financial statements, and accord them the right to vote for any elective or appointive office of the association subject to the qualification provided in the by-laws, and participation in association meetings.
Section 29 of the proposed Act states that no homeowners shall be deprived of their right to enjoy basic community services and facilities including common areas, as long as he or she pays the necessary dues and charges collected by the association by-laws for such use.
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