06 June 2020

For: Homeowners Association (HOA) of VAA Homes III Subdivision

Good day!

I, Nenita C. Santoluis, in behalf of my renters is requesting for lowering their monthly dues
amounting to Php150.00 starting from January 2020, as discussed during the meeting with the
grievance committee last Friday.

We are willing to settle the issue and to cooperate for the peace of our community despite all the
violation committed against my renters, to name a few:

i. The HOA is asking for them to pay for monthly dues;

ii. They are insisting that the renters are members, therefore, they must pay for the said
due which is clearly contrary to what stated in Republic Act No. 9904, Chapter II,
Section 6: Qualification of a Member. - A homeowner as defined under this Act shall
be qualified to be a member of an association: Provided, however, that a lessee,
usufructuary, or legal occupant shall have the right of a homeowner as set forth
under this Act upon procurement of a written consent or authorization from the
owner of the lot or housing unit.

By-Laws must be in harmony with Republic Act No. 9904, if not, it will be considered void;

iii. Said monthly due is a duty of a member only, given the abovementioned law, its
crystal clear that they are not members;
iv. Being a member is intertwined with right to vote, thus, if the HOA is considering
them as members then concomitant with it is the right to vote.

VAA Homes III By-Laws stated that “right of membership includes the right to vote.”
If they are classifying the renters as the same, hence, they should be entitled to vote.
However, several meetings happened but they were specifically restricted and instructed not
to exercise the said right. Clearly, the HOA is committing an act in violation of law for
coercing to give payment for monthly dues without allowing them the privilege to vote.

If the HLURB would know this abusive kind of behavior for a Homeowner Association,
I think reputation of the VAA III Subdivision Homeowner Association is on the line.
And upon investigation that everything here is true, they might order the dissolution of
our HOA in this subdivision.

v. Section 1 of the above-mentioned By-Laws stated that “a lessee of a homeowner

under a contract with the term of at least 1 year may qualify to be a member and shall
have the rights of a member”, simple application of statutory construction, it used the
word “may”, thus, it is upon lessee’s choice if he wants to become a member and no
one can mandate him to be a member.

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Lastly, for your information, Section 7 of the said By-Laws stated that sanction for delinquent
member are suspension of rights and privileges provided in Section 3. Actually, it is already
moot and academic to discuss the sanction by reason that they cannot be classified as delinquent
because they cannot be categorized as member.

Again, given all the said circumstances, we want to extend our intention to become a productive
member of this Subdivision and to cooperate by paying the requested amount of monthly dues.
We are looking forward to your letter of acknowledgement. Thank you and God bless.

Signed by:

Nenita C. Santoluis

Mary Grace Leonardo

Kristine Daquiz

Leah Gotah

Flor Lagman