Can You Sue a Condo Corporation for Neglecting Common Areas That Need Repair?

Condominium living has been a dream for many Filipinos seeking convenience in bustling cities like Metro Manila. But what happens when the condo management continues to collect monthly fees while leaving common areas, such as elevators, lobbies, and hallways, in a state of disrepair? There’s a workaround to make condo corporations in the Philippines accountable for failing to fix common areas but still demanding payment.

​Legal Obligations of PH Condo Corporations

Under the Condominium Act of the Philippines (RA 4726), condo owners share ownership of common areas, including lobbies, hallways, structural elements, elevators, and other facilities. When these spaces are held by the condominium corporation, they become the official management body responsible for maintaining and preserving these areas. Monthly dues collected from unit owners are intended to cover expenses for repairs, utilities, and upkeep of these common spaces. If the corporation fails to deliver on these duties, it may be considered a breach of obligation.

​Legal Basis for Suing a Condo Corporation

The Condominium Act explicitly provides that condo corporations must manage and maintain common areas. This legal duty is reinforced by Supreme Court rulings:

• Twin Towers Condominium Corporation vs. ALS Management (G.R. No. 123552), the Court upheld the right of condo corporations to collect dues from owners even if facilities are not used. However, this presumes dues are applied for maintenance.
  
• In G.R. 244247 (2021), the Court clarified what qualifies as common areas, strengthening owners’ rights to demand accountability when these spaces are neglected.
  

These rulings show that while corporations can demand dues, they must also fulfill their side of the bargain. And that is to maintain the property for the benefit of all condo unit owners in the building.

When Can Condo Owners File A Case?

Condo owners may file legal or administrative actions when corporations repeatedly fail to maintain common areas. Possible remedies include the following:

• Breach of contract cases – Condo by-laws and declarations serve as binding agreements, and neglect may justify a lawsuit.
  
  
• Injunctions – Courts can compel condo corporations to make swift repairs, especially if occupants’ safety is at risk.
  
  
• Administrative complaints – Problems and other similar issues can be raised with the Department of Human Settlements and Urban Development, a government body that regulates condominiums.
  
  
• Claims for damages – If neglect causes financial loss, property damage, or injury, owners can demand compensation.
  
  

Before heading to court, review the master deed and bylaws to confirm the corporation’s obligations. Document evidence of neglect, including photos, unpaid repairs, and receipts of dues. Then send an official demand letter to the condo corporation for proper notice. You may explore mediation with DHSUD for faster dispute resolution. These steps not only strengthen your case but also show good faith compliance.

​Final Thoughts

Now you know that condo corporations in the Philippines cannot simply collect dues without maintaining common areas. While you cannot legally stop paying monthly fees on your own, you have clear legal remedies if your condo corporation neglects its duties. Check out REALS.PH website to view premium condo units in Baguio City and other properties for sale in major cities, including Cebu, Davao, and Metro Manila.