Legal Question in Real Estate Law in Philippines

I am a tenant paying my rent on time to the landlord plus utilities to the administration. However my landlord is so delinquent in paying her association dues. In our contract, it's the landlord who should be paying for it. Now the Homewner's association have been threatening to discontinue my water supply due to this, even if it's not my fault. Is it possible to sue the HOA for harassment since they had been going back and forth with this and have no care whatsoever for the tenant? I pay everything on time and it's my landlord they should be after or shouldn't they just foreclose the property instead? Since I am not a member of the HOA, will this also apply to me? I know I can sue my landlord for this, but was wondering if I can also do the same to the HOA if they disconnect my water during my stay?


Asked on 5/16/12, 4:19 am

1 Answer from Attorneys
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

Better pay directly the HOA to avoid this inconvenience.If they are not exercising their right to collect the association dues in a manner consistent with justice,honesty and good faith then they are abusing their rights. In that case you can sue them for damages. Why not try referring the issue to the barangay? Implead the HOA and your landlord in case you file a complaint before the barangay.

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Answered on 5/23/12, 4:42 am


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