CA: BF Homes can regulate non-residents’ vehicles

MANILA, Philippines — The Court of Appeals (CA) has affirmed its decision allowing homeowners of BF Homes in Parañaque City to regulate the entry of non-residents’ vehicles through five roads leading to the subdivision.

The CA denied the motion for reconsideration filed by private respondents, including the Human Settlements Adjudication Commission, which assailed the appellate court’s decision in October last year that reversed and set aside the ruling of the HSAC, which ordered the BF Federation of Homeowners’ Associations Inc. (BFFHAI) to open the five gates of the subdivision to the public: Aguirre Avenue, Elizalde street, El Grande Avenue, Concha Cruz street and Tropical street.

In the motion, the HSAC insisted that the reclassification of the roads as commercial areas meant that they had become public roads and should be open to all vehicles.

However, the CA ruled that El Grande and Aguirre Avenues remain private properties, despite their reclassification as commercial areas by virtue of a Supreme Court ruling in 2007, stressing that the SC did not declare them as public roads.

The CA also affirmed the authority of the BFFHAI to regulate passage through the subdivision and village roads under the Magna Carta for Homeowners and Homeowners’ Association.

The appeals court noted that BFFHAI has consistently explained that the fees collected are intended for the salary of security guards, maintenance of the roads and payment of real property taxes.