Title
Cezar Yatco Real Estate Services, Inc. vs. Bel-Air Village Association, Inc.
Case
G.R. No. 211780
Decision Date
Nov 21, 2018
Bel-Air Village homeowners extended deed restrictions via majority vote; Supreme Court upheld validity, affirming compulsory membership and proxy use.

Case Digest (G.R. No. 211780)
Expanded Legal Reasoning Model

Facts:

  • Background of Development and Deed Restrictions
    • In the 1950s, Makati Development Corporation (MDC) developed Bel-Air Village, selling lots under Deed Restrictions effective January 15, 1957 to January 15, 2007.
    • The Deed Restrictions comprised seven parts, including:
      • Automatic membership in Bel-Air Village Association, Inc. (BAVA) with lien powers;
      • Uses of lots (residential only, setbacks, easements);
      • Architectural controls;
      • Sewage and wall regulations;
      • A “Term of Restrictions” clause giving a 50-year duration and a proviso that the Association “may … add new ones, amend or abolish particular restrictions or parts thereof by majority rule”; and
      • Enforcement by MDC, BAVA or any lot owner.
  • Association Formation and Term-Extension Process
    • BAVA was organized as a non-stock, non-profit homeowners’ association; by-laws made all lot owners automatic members and empowered the Association to amend restrictions by majority vote.
    • In 1998, BAVA’s “2007 Committee” solicited homeowner input. In June–October 2006, proposed amendments—including extending the term to August 23, 2032—were drafted, circulated, and approved by BAVA’s Board.
    • On December 12, 2006, a special membership meeting was held: 718 of 934 members in good standing attended, with 72% voting for the extension, 3% against, and 25% abstaining.
  • Legal Challenges and Procedural History
    • February 8, 2007: Petitioners (all of whom voted against the extension) filed a Verified Complaint with the Housing and Land Use Regulatory Board (HLURB), alleging that the 50-year term was not amendable, that no quorum existed due to non-notarized proxies, and that compulsory membership violated freedom of association.
    • May 21, 2008: HLURB Arbiter declared the extension and new restrictions null and void, ruling the term non-amendable and proxies invalid for lack of notarization.
    • December 9, 2008: HLURB Board of Commissioners reversed the Arbiter, upholding the extension by majority vote and validating the proxies.
    • January 28, 2009: Denial of petitioners’ motion for reconsideration by the HLURB Board.
    • December 29, 2009: Office of the President (OOP) reversed the HLURB Board, reinstating the Arbiter’s decision—holding the term non-extendible, proxies require notarization under the Civil Code, and membership mandatory.
    • May 19, 2011: OOP granted reconsideration, reversed its own decision, and upheld the extension—recognizing the 50-year term as part of the amendable covenants, noting Ayala Land, Inc.’s confirmation as MDC’s successor, applying the Corporation Code for proxies, and rejecting freedom-of-association claims against a private association.
    • September 5, 2013 (CA) and March 17, 2014 (CA Resolution): Court of Appeals affirmed the OOP May 19, 2011 Resolution.
    • Petitioners filed a Verified Petition for Review on Certiorari under Rule 45 of the Rules of Court before the Supreme Court.

Issues:

  • Whether BAVA members may, by majority vote, extend the Deed Restrictions’ 50-year term.
  • Whether the extension was validly adopted given the alleged lack of quorum and non-notarized proxies.
  • Whether petitioners can be compelled to maintain membership in BAVA against their will.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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