G.R. No. 86774 - Presley vs. Bel-Air Village Association, Inc.

Bel-Air Village Association, Inc. (BAVA) is a homeowners’ association formed to enforce deed restrictions annotated in Transfer Certificate of Title No. 73616 over lots in Bel-Air Village, Makati.
Teofilo and Rosario Almendras (both deceased and substituted by their lessee Enedina Presley) were the registered owners of a house and lot at 102 Jupiter Street, Bel-Air Village; the deed restrictions required the lot to be used only for residential purposes.
Enedina Presley, as lessee and operator, conducted a hot pan de sal store on the premises.

On February 9, 1981, BAVA filed a complaint for specific performance, damages, and a preliminary injunction against the Almendrases for (a) violating the residential‐use restriction and (b) non-payment of association dues and assessments amounting to ₱3,803.55.
The Regional Trial Court granted a permanent injunction enjoining any commercial use of the property and ordered defendants to pay (a) ₱3,803.55 plus legal interest from February 9, 1981, and (b) ₱4,500.00 as attorney’s fees, jointly and severally.
On November 28, 1988, the Court of Appeals affirmed the trial court decision in toto; its motion for reconsideration was denied on January 20, 1989.
Enedina Presley filed a petition for review on certiorari with the Supreme Court, raising (a) conflict with the consolidated Sangalang en banc decisions; (b) lack of factual basis for solidary liability for unpaid dues; and (c) lack of basis for attorney’s fees. Presley died on January 4, 1991, and was substituted by her heirs.

Whether the Court of Appeals’ decision conflicts with the Supreme Court’s consolidated en banc decisions (Sangalang, G.R. No. 71169, et al., Dec. 22, 1988) regarding Bel-Air Village deed restrictions.
Whether the petitioner may be solidarily liable with the Almendrases for unpaid association dues.
Whether the petitioner may be solidarily liable for attorney’s fees.