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    Date: 2023-07-21 08:40:25.969510

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    Date: 2023-12-12 13:13:31.075120

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Legality of Homeowners Association (HOA) Fees Collection for Pre-existing Public Utility

Requested by A. Reyes at 08:40 AM on Jul 21, 2023.
Purpose: HOA fees for public water (concerned resident, nearby area). Legal implications.
Date of Coverage: 07/21/2017 - 07/21/2023
Tracking no: #HSAC-780989558193

Reyes 08:40 AM, Jul 21, 2023 

Hi!

I am requesting information regarding the legality of a Homeowners Association (HOA) collecting fees for a pre-existing public utility, specifically a jetmatic pump that provides clean water for a village in a resettlement site. 

The pump was installed prior to the formation of the HOA. It was part of a government initiative in 2017 provided by DPWH to provide water sources in Yolanda resettlement sites. 

I believe that a board resolution should not prevail over the law of the land. Please provide any relevant laws, regulations, or legal opinions on this matter.


December 12, 2023

Dear Arjay Reyes,

Greetings!

Thank you for your request dated Jul 21, 2023 08:40:25 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for Legality of Homeowners Association (HOA) Fees Collection for Pre-existing Public Utility.

While our aim is to provide information whenever possible, in this instance this Office does not have the information you have requested. However, you may wish to contact the below office:

DEPARTMENT OF HUMAN SETTLEMENT AND URBAN DEVELOPMENT (DHSUD)
Office Address: DHSUD/HSAC Building, Kalayaan Avenue corner Mayaman Street, Diliman Quezon City
Email Address: info@dhsud.gov.ph
Telephone No. (02) 8424-4070
Mobile No. 0961-137-0196

We would love to hear your thoughts or feedback on how we can improve your experience! Please fill out our feedback form at this link https://hsac.gov.ph/feedbackform/

For further assistance, you may review the FAQ section of the eFOI site: https://www.foi.gov.ph/help.

Your right to request a review

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to Executive Commissioner Melzar P. Galicia at info@hsac.gov.ph. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.

If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).

Thank you.

Respectfully,
Jenvy Solinap
FOI Receiving Officer

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