Yamsuan eyes mechanism to amicably resolve homeowners’ association-related disputes

Bicol Saro Partylist Representative Brian Raymund Yamsuan wants new legislation that would mandate the creation of conciliation committees within homeowners’ associations (HOAs) to amicably settle disputes among their members.

Yamsuan said the measure, as outlined under House Bill (HB) 10908, aims to provide HOAs with a “simplified and inexpensive means” of resolving disagreements among their members, which, in turn, would promote harmonious and unified communities.

“This measure is a recognition that the ties among residents within the HOA are not merely legal, but also personal. Mas madaling magkakasundo ang mga magkakapitbahay kung ang HOA mismo ang gagawa ng paraan para maresolba ang mga problema at pagtatalo ng mga miyembro, sa halip na paratingin pa sa barangay o sa korte ang kaso,” said Yamsuan, a former assistant secretary of the Department of the Interior and Local Government (DILG).

(“Neighbors can easily get along if the HOA itself would find ways to resolve problems and disagreements among members, instead of allowing such concerns to reach the barangay or the courts.)

Yamsuan said that when enacted into law, his proposed measure could help ease the perennial backlog of cases in the courts, where HOA-related disputes are indiscriminately filed even though these internal conflicts could be resolved among members of the association.

“By encouraging dialogue among HOA members through the creation of HOA conciliation committees, we can avoid costly, tedious and time-consuming proceedings that only foster discord, instead of goodwill and cooperation in our communities,” Yamsuan said.

Under the bill, a conciliation or mediation committee within the HOA shall be composed of three members who will be chosen among the board of directors or trustees of the association.

Yamsuan said his proposed legislation would give life to the provision in Republic Act 9904, or the Magna Carta for Homeowners’ Associations, which provides for the creation of election, grievance and audit committees, as well as conciliation or mediation mechanisms for the amicable settlement of disputes among HOA members.

Under HB 10908, agreements reached among HOA members at the mediation or conciliation committees shall have the force and effect of a final judgment.

Only when the committee fails to settle a dispute should the case be submitted to the Katarungang Pambarangay, Yamsuan said. The committee shall issue a certification to this effect.