Press Release
March 2, 2009

Zubiri bats for equal rights of homeowner members and non-members

Senate Majority Juan Miguel Zubiri has pushed for the "rights of homeowners," both members and non-members in a sponsorship speech he delivered Monday entitled Magna Carta for Homeowners.

In a speech, Zubiri stressed the "right of a homeowner" not to join the association, but at the same time enjoy the basic services and facilities provided by the association subject to the payment of necessary fees and other pertinent charges.

Homeowner was defined by Senate Bill No. 3106, as owner or purchaser of a lot in a subdivision or village within the purview of Presidential Decree (PD) No. 957, or an awardee, beneficiary, occupant or lessee of a unit, or house in a government socialized or economic housing or relocation project and other urban estates.

The proposed Magna Carta for Homeowners aims to better enable all homeowners in the Philippines to participate in all matters relating to their home and his or her immediate community.

It also puts to rest the issue of jurisdiction of homeowners associations including their intra and inter-association controversies by placing homeowners' association under the Housing and Land Use Regulatory Board (HLURB).

Under the proposed Magna Carta for Homeowners the basic rights of non-member homeowners are recognized such as the right to enjoy basic community services which homeowner members' benefits.

It likewise proposed to penalize homeowners, association, director, trustees, officers, agents and or representatives to "coerce, compel or induce non-member homeowner to join the association, prevent any homeowner from reasonably exercising his right to inspect association books and records or to request for annual report, deprive member from attending or participating in association meetings, elections and referenda.

SB 3106 or the Magna Carta for Homeowners also prohibits homeowners, association, director, truste3es, officers, agents and representatives from denying any member due process in the imposition of administrative sanctions, exercise rights and powers provided in the magna carta without the consultation and approval of the required number of homeowners or members, as well as unreasonable failure to provide basic services and facilities including maintenance, repair, replacement or modification of facilities within a subdivision or village.

"Any person who commits any of the abovementioned prohibited acts shall be punished with a fine of not less than Fifty Thousand Pesos (50, 000) but not more than Two Hundred Thousand Pesos (200, 000) without prejudice to being charged before a regular court for violations of the Revised Penal Code, Civil Code and other pertinent laws."

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