HOA can impose property construction restrictions

Can a homeowners' association restrict me to only build a two-story house?. Are these kinds of restriction allowed?

Yes, homeowners' associations (HOAs) and exclusive subdivisions often have restrictions on home construction, including height limits, architectural styles, and building materials. These rules are typically outlined in the deed of restrictions, subdivision rules, or master deed that you agreed to when purchasing the lot.

One of the most important features of Philippine Property law is the right to ownership which is protected by Republic Act (RA) 386, otherwise known as the "Civil Code of the Philippines." Articles 427 and 428 of the Civil Code of the Philippines define ownership as the independent and general right of a person to control a thing, particularly in terms of use, possession, enjoyment, disposition, and recovery, subject only to certain limitations established by law or agreements, viz.:

"Article 427. Ownership may be exercised over things or rights.

"Article 428. The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law.

"The owner has also a right of action against the holder and possessor of the thing in order to recover it."

Relative thereto, Sections 10 and 18 of Republic Act (RA) 9904, otherwise known as the "Magna Carta for Homeowners and Homeowners' Association," provide for the rights and powers of the homeowners' associations (HoAs), to wit:

"Section 10. Rights and Powers of the Association. - An association shall have the following rights and shall exercise the following powers:

(j) Cause compliance with regard to height regulations, easements, use of homes, buildings, edifices, or structures that may be built within the subdivision, in accordance with the National Building Code, zoning laws, HLURB rules and regulations, existing local ordinances, and existing deeds of restriction;"

Clearly, our laws recognize the owner's right to control the property in line with these principles, subject to any limitations imposed by contracts, local ordinances, or zoning rules and regulations. Relative to validity of restrictions in deeds or contracts, Cezar Yatco Real Estate Services, Inc. vs. Bel-Air Village Association, Inc. GR 211780, 21 November 2018, with Honorable Associate Justice Marvic M.V.F. Leonen as ponente, is instructive:

"The Deed Restrictions is a restrictive covenant that governs how lot owners can use or enjoy their properties. It was annotated on the land titles issued to the lot owners and it is not disputed that lot owners are bound by these annotations under Section 39 of Act 496, or the Land Registration Act, which provides:

"Section 39. Every applicant receiving a certificate of title in pursuance of a decree of registration, and every subsequent purchaser of registered land who takes a certificate of title for value in good faith, shall hold the same free of all encumbrance except those noted on said certificate, and any of the following incumbrances which may be subsisting, ..."

Thus, if there is indeed a validly instituted restriction on the number of stories or floors that can be built on the property that you purchased, then the same may be imposed or implemented by the HoA.

Corollary, as a buyer, you are duty-bound to comply with such restriction as it forms part of your contractual obligation when you purchased the subject property. Although, as owner of the property, you have rights to use and develop it, these rights are not absolute and must comply with laws, contracts, local ordinances, and zoning rules and regulations.

Source: Manila Times

House-sellers forced to temper prices

The rise in stamp duty in England next month has prompted a rush to sell, leading to the widest choice for buyers since 2015

Homeowners trying to sell their property are facing the toughest competition in a decade, according to research from the property website Rightmove.

March has historically been one of the best months for property sellers, but the average price of a home coming to market has risen by only 1.1 per cent to £371,870 this month, as the number of new sellers hits its highest level since 2015.

Colleen Babcock, a property expert at Rightmove, said those who were finding buyers were working hard with their agents to “price competitively”.

“The big milestone ahead in England is the stamp duty deadline and, with a massive logjam of 575,000 moves going through the legal completion process, many cost-conscious buyers will be doing all they can to get their move over the line and avoid unnecessary extra tax,” she said.

Rightmove expects there to be 1.15 million property transactions this year. About 74,000 moves, including 25,000 first-time buyers, are expected to miss the March 31 deadline and complete in April.

Tom Bill, of Knight Frank, the estate agent, said despite the prospect of higher stamp duty in the new tax year buyers had started the year cautiously.

“Most mortgage rates have remained stubbornly on the wrong side of 4 per cent due to volatility on global markets, which means equity-rich, needs-driven buyers have been more active by comparison,” he said.

“We expect low single-digit house price growth this year, but this month’s spring statement and the future rate of UK inflation will be key factors in setting the trajectory of the housing market in 2025.”

Separate research from Savills, the estate agent, found the UK housing market returned to growth last year, driven by a £22.3 billion increase in spending on house purchases. It found the total value of the UK housing market grew by 6.3 per cent to £379 billion.

There were 1.1 million transactions at an average sale price of £343,822. The increase in spending on house purchases was largely driven by a much higher use of mortgage debt, up 18.1 per cent to £24.3 billion.

The greatest increase in mortgage debt was among first-time buyers, where it rose by 21.4 per cent to £12.2 billion.

Source: The Times

Climate crisis ‘wreaking havoc’ on Earth’s water cycle

Global heating is supercharging storms, floods and droughts, affecting entire ecosystems and billions of people

The climate crisis is “wreaking havoc” on the planet’s water cycle, with ferocious floods and crippling droughts affecting billions of people, a report has found.

Water is people’s most vital natural resource but global heating is changing the way water moves around the Earth. The analysis of water disasters in 2024, which was the hottest year on record, found they had killed at least 8,700 people, driven 40 million from their homes and caused economic damage of more than $550bn (£445bn).

Rising temperatures, caused by continued burning of fossil fuels, disrupt the water cycle in multiple ways. Warmer air can hold more water vapour, leading to more intense downpours. Warmer seas provide more energy to hurricanes and typhoons,

supercharging their destructive power. Global heating can also increase drought by causing more evaporation from soil, as well as shifting rainfall patterns.

Deadly flash floods hit Nepal and Brazil in 2024, while river flooding caused devastation in central Europe, China and Bangladesh. Super Typhoon Yagi, which struck south-east Asia in September, was intensified by the climate crisis, as was Storm Boris which hit Europe the same month.

Droughts also caused major damage, with crop production in southern Africa halving, causing more than 30 million people to face food shortages. Farmers were also forced to cull livestock as their pastures dried up, and falling output from hydropower dams led to widespread blackouts.

“In 2024, Earth experienced its hottest year on record and water systems across the globe bore the brunt, wreaking havoc on the water cycle,” said the report’s leader, Prof Albert van Dijk.

He said 2024 was a year of extremes but that was not an isolated occurrence. “It is part of a worsening trend of more intense floods, prolonged droughts, and record-breaking extremes.” The report warned of even greater dangers in 2025 as carbon emissions continued to rise .

The 2024 Global Water Monitor Report was produced by an international team of researchers from universities in Australia, Saudi Arabia, China, Germany and elsewhere. The team used data from thousands of ground stations and satellites orbiting the Earth to assess critical water variables such as rainfall, soil moisture, river flows, and flooding.

They found rainfall records are being broken with increasing regularity.

For example, record highs for monthly rainfall were set 27% more often in 2024 than in the year 2000 and daily rainfall records were set 52% more frequently. Record lows were set 38% more often. “So we are seeing worse extremes on both sides,” said Van Dijk.

In southern China from May to July, the Yangtze and Pearl rivers flooded cities and towns, displacing tens of thousands of people and causing hundreds of millions of dollars of damage to crops. The river floods in Bangladesh in August after heavy monsoon rains affected almost 6 million people and destroyed at least a million tonnes of rice.

Meanwhile, in Spain in October more than 500mm of rain fell in eight hours, causing deadly flash floods. The city of Porto Alegre, Brazil, was inundated with two months’ worth of rain in just three days in May, transforming roads into rivers.

“Heavy rainfall events also caused widespread flash flooding in Afghanistan and Pakistan, killing more than 1,000 people,” Van Dijk said. The flooding also displaced 1.5 million people.

In the Amazon, drought struck. “Wildfires driven by the hot and dry weather burned through more than 52,000 sq km in September alone, releasing vast amounts of greenhouse gases,” Van Dijk said. “From historic droughts to catastrophic floods, these extreme events impact lives, livelihoods, and entire ecosystems.”

The researchers said seasonal climate forecasts for 2025 and current conditions suggested droughts could worsen in northern South America, southern Africa, and parts of Asia. Wetter regions such as the Sahel and Europe may face elevated flood risks.

“We need to prepare and adapt to inevitably more severe extreme events,” said Van Dijk. “That can mean stronger flood defences, developing more drought-resilient food production and water supplies, and better early warning systems. Water is our most critical resource, and its extremes – both floods and droughts – are among the greatest threats we face.”

Source: The Guardian