A way to recover payments for an HOA that has been disbanded.

[Balogs]

This is just my personal view on the subject matter as a non-lawyer. Just to be clear, this doesn't mean it's advising or motivating anyone to take a particular action unless no other option is available.

If the HOA has been declared dissolved and still operating illegally, you may explore various legal avenues to recover any payment dues you have made. You can file a civil case for the recovery of the payments made, citing the absence of a legitimate entity to which these payments are owed.

Since the dissolved HOA no longer has legal standing, it may be a good option to file a personal complaint against the board of trustees in their personal capacity.

Gather all related documentation, including receipts of payments, correspondence with the HOA, and any official documentation proving the dissolution which is available. This evidence will be crucial in establishing that you have fulfilled your financial obligations to an entity that no longer exists.

Forming a group with other affected homeowners can strengthen the case. Jointly filing for recovery not only reduces individual costs but also amplifies the legal pressure on the dissolved HOA or its members.

If you believe that the actions of the dissolved HOA constitute fraud or misappropriation of funds, you may want to explore criminal charges. Under the Revised Penal Code of the Philippines, specific offenses like estafa (swindling) can be pursued if the HOA's directors collected payments under false pretenses. Consult with your legal counsel about the viability of this option.

If you are seeking to recover payments from a HOA that has been dissolved and is operating illegally, the appropriate legal route may depend on several factors. Here are some potential legal actions that might be considered:

1.) Breach of Contract: If you made payments based on a contract (such as HOA governing documents, which you signed in), you might have a claim for breach of contract if the HOA failed to provide services or uphold its obligations.

2.) Unjust Enrichment: If a HOA has received payments without providing the expected services, you may be able to argue that they were unjustly enriched at your expense and seek recovery based on this legal theory.

3.) Small Claims Court: If the amount you are trying to recover is modest, you might consider filing a claim in small claims court, which often has simplified procedures and does not require an attorney.