Closure Of San Mateo Access Road Voided

The Department of Human Settlements and Urban Development (DHSUD) has nullified the closure of access roads in Monterey Hills Subdivision-Phase 4, Barangay Silangan, San Mateo, Rizal.

Regional Adjudicator Marife C. Doblada San Pedro from the Regional Adjudication Branch of the Human Settlements Adjudication Commission (HSAC) upheld the claims of Mrs. Perseveranda S. Benaning, who owns two properties in the subdivision. I Photo: Lots For Sale at Monterey Hills San Mateo Facebook

This decision was based on the homeowner association's failure to conduct public consultations on the matter and their failure to obtain the necessary authorization from the municipal government.

It's worth noting that the developer, Sanvil, Inc., donated all street lots and open spaces to the municipal government in 2015.

In a 13-page ruling issued on August 10, 2023, Regional Adjudicator Marife C. Doblada San Pedro from the Regional Adjudication Branch of the Human Settlements Adjudication Commission (HSAC) upheld the claims of Mrs. Perseveranda S. Benaning, who owns two properties in the subdivision.

She protested against the barricading and closure of the gate that denied her access to her property in January 2021 by the Monterey Hills Subdivision Phase 4 Homeowners Association, Inc. (MHSHOAI).

Benaning's complaint, identified as Case No. HSAC-RIV-A HOA-210728-00177, was filed in 2021 after the gate of Juan St. in the subdivision was closed, and MHSHOAI refused to provide her with a key to the padlocked gate.

Benaning argued that all street lots were donated to the San Mateo local government unit (LGU) in 2015, and the deed of donation was accepted by the LGU. MHSHOAI officials, led by Bonifacio Redoblado Jr., Hanibal Copada, Celeste de Guzman, and Angeline Payawal, closed the gate and claimed that Benaning had no right to access her own property.

Other MHSHOAI officers mentioned in her complaint included Wilfredo Ortiz, Roger Victorino, Sherwin Gapusan, Victor Cariaga, Joy David, and Gigi Sunga. Benaning asserted that there were no public consultations regarding the closure of access roads, no member approvals, and certainly no agreement with the San Mateo LGU regarding the unlawful gate closure.

San Pedro, in her ruling, emphasized that while Sec. 10 (d) of Republic Act No. 9904 (RA 9904) grants homeowners associations the right to regulate access to subdivision/village roads for the purpose of preserving privacy, tranquility, internal security, safety, and traffic order, this right comes with conditions.

She argued that there is no exception or room for interpretation in the law, and the closure of the gate without public consultation and authorization from the San Mateo LGU rendered the MHSHOAI's action null and void.

San Pedro also declared that the imposition of a minimum of P500 for every 100 sq m of land and P5 for each additional sq m by the Monterey Hills Subdivision (Phase 4) Homeowners Association, Inc. (MHSHOAI) was done in violation of the association's own Bylaws.

Since its filing in 2015, no amendments to the Bylaws had been made, and the monthly dues had never been adjusted with the consent of the members.

To support Mrs. Benaning's case, San Pedro pointed out that Section 2 of the MHSHOAI Bylaws specified a monthly due of P300 from every member to cover administrative and operational expenses.

MHSHOAI circumvented its own Bylaws and imposed the increase in monthly dues to a minimum of P500 monthly through a mere board resolution. San Pedro clarified that any increase in association dues required an amendment to the Bylaws; without such an amendment, even an increase made through a Board Resolution would be null and void.

San Pedro also dismissed MHSHOAI's argument for not holding elections since 2015, blaming the department for advising that all elections should be canceled.

San Pedro countered this claim, asserting that "the DHSUD released Circular 2020-003 for the boards of homeowners associations to conduct their organizational businesses and meet with their constituents without being perturbed by the limitations of their Bylaws on the manner of conducting meetings and elections."

She added that Rule IV, Section 14 of the circular permitted regular and/or special elections for the members of the board of directors to be held through any alternative voting system, provided it had been approved by the board of directors.

San Pedro also instructed the DHSUD-Regional Officer IV-A-HOA CDD to organize and supervise the elections of the board of directors and officers of MHSHOAI, involving all members who hold titles to their properties. The law explicitly prohibits proxies and caretakers from being elected as members of the board and officers of the association.

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