Camella Verra Homeowners' Association Inc.

 

Pursuant to Board Resolution No. 2026-13, entitled:

“A Resolution Approving, Adopting, and Codifying the Standard Policy on Additional Sanctions to be Imposed upon Delinquent Members of Camella Verra Homeowners Association, Inc.”, the Board of Directors hereby issues this Circular establishing the implementing rules and procedures governing the enforcement of street parking restrictions and the application of clamping or towing measures against delinquent members.

 

This Circular shall form part of the administrative enforcement guidelines of the Association and shall apply to all members declared Delinquent Members by the Board of Directors.

 

 

SECTION 1. Definition of Delinquent Member

 

For purposes of this Circular, a Delinquent Member refers to a homeowner or member who has been:

1. Formally declared delinquent by the Board of Directors, and

2. Issued a Certificate of Delinquency by the Association, evidencing such declaration.

 

Only members who have been formally declared delinquent and issued a Certificate of Delinquency shall be subject to the enforcement mechanisms provided under this Circular.

 

SECTION 2. Legal and Contractual Basis

 

This Circular is issued pursuant to the following authorities:

1. Section 8, Article III of the Association By-Laws, which authorizes the Board of Directors to impose additional sanctions on delinquent members;

2. Board Resolution No. 2026-13, which codifies the sanctions applicable to delinquent members;

3. Section 5.12 of the Deed of Restrictions (Parking) signed by homeowners, which provides that homeowners irrevocably authorize the Developer and/or the Homeowners Association and its designated agents to tow illegally parked vehicles at the expense of the homeowner concerned, and that the Association shall not be liable for damages or losses arising from the exercise of such authority.

 

By virtue of the Deed of Restrictions voluntarily signed by the homeowner, compliance with parking rules and enforcement measures constitutes a binding contractual obligation between the homeowner and the Association.

 

SECTION 3. Prohibition on Street Parking by Delinquent Members

 

Members declared delinquent shall be strictly prohibited from parking vehicles along subdivision streets or common roadways.

 

For purposes of enforcement under this Circular, street parking shall be considered strictly illegal only with respect to delinquent members, as part of the sanctions imposed under Interim Board Resolution No.2026-13.

 

Any vehicle owned, possessed, or controlled by a delinquent member found parked on subdivision streets may be subjected to enforcement measures under this Circular.

 

 

SECTION 4. Notice and Due Process Requirements

 

In order to ensure fairness, transparency, and due process, the following notices shall be issued prior to the enforcement of clamping or towing measures:

 

1. Certificate of Delinquency

 

Issued by the Association upon declaration of delinquency by the Board of Directors.

 

This certificate formally establishes the homeowner’s delinquent status and the applicability of the sanctions provided under Interim Board Resolution No. 2026-13.

 

2. Notice of Parking Violation with Directive to Explain

 

Issued upon the first instance of violation of the street parking prohibition.

 

This notice shall:

 

• Inform the homeowner that street parking is strictly illegal for delinquent members

• Require the homeowner to submit a written explanation within a reasonable period

• Direct the homeowner to immediately comply with the parking restriction

 

3. Notice of Clamping Warning

 

If the violation persists, the Association shall issue a Notice of Clamping Warning stating that continued violation of the parking restriction shall result in the clamping of the vehicle and the imposition of the corresponding recovery fee.

 

4. Final Clamping Notice

 

Upon continued violation, the vehicle may be clamped, and a Final Clamping Notice shall be issued at the time of enforcement indicating:

 

• The reason for the clamping

• The amount of the recovery fee

• The procedure for release of the vehicle

 

 

SECTION 5. Clamping and Towing Enforcement

 

Pursuant to the Deed of Restrictions, the Association is authorized to implement towing of illegally parked vehicles.

 

However, in order to adopt a less restrictive, more practical, and less burdensome enforcement mechanism, the Board of Directors has resolved to primarily implement vehicle clamping in lieu of towing.

 

The Board finds that:

 

• Clamping is less intrusive than towing

• Clamping allows the homeowner to retain possession of the vehicle

• Clamping reduces logistical burdens and operational costs

• Clamping still effectively enforces compliance with Association rules

 

Accordingly, vehicle clamping shall be the primary enforcement measure, without prejudice to the Association’s authority to implement towing when necessary.

 

SECTION 6. Clamping Recovery / Unclamping Fee

 

Vehicles clamped for violation of the street parking restriction shall be subject to a Recovery or Unclamping Fee in the amount of Five Hundred Pesos (₱500.00), which may be paid on the spot in cash with receipt/invoice or at the clubhouse hoa office.

 

The imposition of this amount is made by suppletory application of the provisions on fines under Circular No. 2024-005 dated May 21, 2024, and shall apply only to delinquent members who violate the parking restriction provided under this Circular and Interim Board Resolution No. 2026-13.

 

The ₱500 recovery fee shall be required prior to the removal of the clamp and release of the vehicle.

 

SECTION 7.Presumption of Vehicle Ownership or Control

 

For purposes of enforcement of this Circular, any vehicle parked directly in front of, adjacent to, or regularly associated with the residence of a delinquent member shall be presumed to be owned, possessed, or controlled by such delinquent member, unless proven otherwise.

 

The burden of proving that the vehicle does not belong to or is not under the control of the delinquent member shall rest upon the homeowner concerned or by the owner of the vehicle upon showing of substantial proof.

 

In the absence of such proof, the Association may proceed with the implementation of the enforcement measures provided under this Circular, including vehicle clamping.

 

 

SECTION 8.Continuing Enforcement

 

Vehicles belonging to delinquent members that continue to violate the parking restriction may be subjected to repeated clamping enforcement until:

1. The delinquent member complies with the parking restriction, or

2. The delinquent member settles all outstanding obligations and is restored to good standing by the Board of Directors.

 

 

SECTION 9. Implementing Authority

 

The Security Personnel, Management Committee, and authorized agents of the Association are hereby directed to implement and enforce the provisions of this Circular.

 

 

SECTION 10. Effectivity and Publication

 

This Circular shall take effect immediately upon issuance and shall remain in force until amended or revoked by the Board of Directors.

 

Copies of this Circular shall be circulated to all members of the Association and posted through any of the official communication channels, including:

 

• Bulletin boards within the subdivision

• Electronic communications or hard copies distribution

• The official website of Camella Verra Homeowners Association, Inc. at https://camellaverrahoa.com/

 

 

IN WITNESS WHEREOF, we have hereunto approved and set our hands this 6TH day of March 2026 at Valenzuela City, Philippines.