Homeowners Association and Oplan Tambay

In July 2018, the Homeowners Association in Lancaster New City Cavite headed by non-homeowner/Pro-Friends (Property Company of Friends) employees - Board of Directors has decided to "coordinate" with the Philippine National Police to its "Oplan Tambay", a nationwide drive to curb street crimes. Is this recent development a wise move by the HOA? Or is it something the homeowners should be worried about?


Oplan Tambay is a drive by the Philippine National Police with the purpose of "intensified enforcement of laws and local ordinances to prevent the occurrence of street crimes." as based according to PNP Director Albayalde as an enforcement of Republic Act 6975 Sec. 24.

However, homeowners are worried about this "implementation" by the Homeowners Association itself.

On November 30, 2013, we can remember that former Makati Mayor Jun-jun Binay has tried to enter Dasmariñas Village in Makati. Even though Binay was an incumbent mayor, he is not a resident of the village and has no official business of being there thus the security guard of the mentioned gated community in Makati has disallowed Binay to enter the subdivision. Dasmariñas Village Association has rewarded the security guards involved in blocking the Mayor's convoy.

But in Lancaster Residences and Lancaster Village in Imus City, it is a different thing. The homeowners association has gone all the way to even "implementing" a police operation. Worse, even without the dialogue, consultation, and approval of its homeowners.

As a background, there have been several attempts by this real-estate developer-led "homeowners" association to go against its own constituents, its very customers and homeowners, by blocking them into peaceful assembly back in November 2010 and September 2014.

Homeowners protests against real-estate developer controlled HOA blocked.

This dark history of the homeowners association in Lancaster New City Cavite remains to be a nightmare of its residents. And this Oplan Tambay implementation of the HOA itself is one of those to be written in its history.

Implementation of Oplan Tambay by the Philippine National Police might be lawful if the implementation is made by the police itself but what makes this alarming is the stance of this homeowners association as evident on their tarpaulin.

According to one of its homeowners,

"Any action that a Homeowners Association (HOA) must work in partnership thereof must be made through dialogue or through resolution with the homeowners. But as a national implementation per se, it is the PNP who should do the arrest directly without any partnership from a civil organization such as a HOA. The HOA only submits to a warrant approved by the court presented by the law enforcers before they enter the gated community such as ours. No warrant, no entry, no arrests."

Apparently, this developer-controlled HOA is interested in silencing the homeowners rather than working together with them.

Before any "coordination" must happen, it is best that the Philippine National Police should see first if the association they are "coordinating with" is not violating any law, such as Republic Act 9904 (see LEHOA By-Laws and PD957 and RA9904). We think PNP should arrest first those instigators of violating that R.A.



Related Articles:

• Homeowners Dues Illegally Being Collected by the Developer
  This article discusses the legality of HOA dues collection in Lancaster Residences by LEHOA
• LEHOA Bylaws and PD957 and RA9904
  The article explains PD957 and RA9904 which are the tenets of law for homeowners associations and compares the bylaws promulgated by LEHOA
• How LEHOA was "legalized" to be controlled by the real-estate developer.
  This article explains how LEHOA was legalized amidst all odds.
• Estimated Collections of LEHOA
  This article gives an overview of the potential collection generation of LEHOA in comparison with other subdivisions.