Village Shortcuts: Can Your Streets Be Used by the General Public?

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Using a Village Shortcut to Outsmart Traffic

Rush hour traffic gets worse as you get closer to the central business districts. Some fortunate motorists who have access to residential enclaves near or within central business districts conveniently go through these villages to cut travel time and avoid gridlock.

May a Subdivision Open its Gates to the Public ?

Short answer is YES. However, it’s more complicated that just opening the gates and letting everybody in. The law, Republic Act Number 9904 or the Magna Carta for Homeowners and Homeowners Associations allows Homeowners Associations (HOA) to regulate the use of private subdivision roads but are subject to certain conditions.

May Subdivisions Charge Non-Homeowners Entrance Fees?

Regular usage of village roads result in its normal wear and tear. Numerous subdivisions enhance their entrepreneurial skills and charge “entrance fees” for cars that traverse through the village that don’t have car stickers.

These entrance fees are considered by law as a toll, hence is likewise considered a toll fee. Toll fees cannot be legally imposed without the approval and regulation of the Toll Regulatory Board.

When May a Village Road be Accessed by the Public?

Not all village roads are private property and inaccessible to non-homeowners. Some private roads have already been donated to their local government units. In such a case, a donated road already enjoys public funding and is free and open for public use.

Email the author ksborja@bsblaw.ph for further reference.

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