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DUBAI PROPERTY LAWS & REGULATIONS

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Direction for Association Constitution Issued in accordance with Law No. (27) of 2007 Concerning Ownership of Jointly Owned Properties in the Emirate of Dubai

 

 

 

PART 1
DEFINITIONS AND GENERAL PROVISIONS

 

  1. In this Constitution –

    1. the terms and expressions defined in Article (2) of the Law shall have the same meanings in this Constitution as those assigned to them in that Article; and
    2. unless the context otherwise dictates, the following words and expressions shall have the following meanings in this Constitution –

      Annual Service Charge means a charge imposed on an Owner in accordance with Clause 62 of this Constitution;

      Assets means movable or immovable property, other than real property which is owned by the Owners Association;

      Association Manager means the person appointed as Association Manager in accordance with Clause 40 of this Constitution;

      Association Managers' Code of Conduct means the code of conduct for Association Managers stated in Schedule 2 of this Constitution;

      Board means the board constituted in accordance with Clause 7 of this Constitution;

      Code of Conduct means the code of conduct for Board members stated in Schedule 1 of this Constitution;

      Building, for insurance purposes, includes any building that:

      1. entirely comprises Common Areas; or \
      2. comprises a Unit and Common Areas, but does not include, in the case of (b):
      3. temporary wall, floor and ceiling;
      4. fixtures removable by a lessee at the end of a lease;
      5. mobile or fixed air conditioning units servicing a particular Unit;
      6. curtains, blinds or other external window coverings; or
      7. mobile dishwashers, cloths dryers or other electrical or gas appliances not wired or plumbed in;
      Community Rules means the rules set out in the Jointly Owned Property Declaration;

      Day means a day ascertained with reference to the Gregorian calendar;

      Entitlement means, in relation to a Unit or an Owner, the number allocated to the Unit in the Jointly Owned Property Declaration that represents the shares of ownership in the Jointly Owned Property of that Unit or Owner;

      General Assembly means an assembly of the Owners of Units convened and held in accordance with this Constitution and the Regulations;

      Interested Person means –

      1. an Owner or Occupier of a Unit;
      2. a person holding a registered mortgage over a Unit;
      3. a person who is in an advanced stage of negotiations for purchase of a Unit;
      4. a person who has entered into an agreement to purchase a Unit and that agreement is still current;
      5. if the Unit is in a development that was part of a master development, the master developer of that master development;
      Law means Law No. (27) of 2007 Concerning Ownership of Jointly Owned Properties in the Emirate of Dubai;

      Owner means –

      1. in the case of Jointly Owned Property that is freehold – the person shown as the owner of the Unit on the Register;
      2. in the case of Jointly Owned Property that is leasehold – the person shown as the head lessee of the Unit on the Register;
      3. in the case of Jointly Owned Property that is the subject of usufruct rights – the person shown on the Register as the holder of the usufruct right over the Unit, and includes the Master Developer and any Sub-Developer of the Jointly Owned Property in respect of unsold Units owned by them;
      Register means the register kept by the Department in which ownership, real estate rights and other information relating to Units and Jointly Owned Property is recorded;

      Regulations mean regulations, by-laws, decisions or directions issued in accordance with the Law;

      RERA: The Real Estate Regulatory Agency

      Service Charge means an Annual Service Charge or a Special Service Charge;

      Simple Resolution means a resolution of a General Assembly passed in accordance with clause 35 of this Constitution;

      Special Resolution means a resolution of a General Assembly proposed as such and passed in accordance with clause 36 of this Constitution;

      Special Service Charge means a charge imposed on an Owner in accordance with Clause 69;

      Supply Agreement means an agreement for a term of at least one year for the supply of goods or services, including Utility Services, to the Owners Association either directly or through a Building Management Statement.

      Utility Charge means a fee or charge for the supply of a Utility Service;

      Utility Service means any of the following services:

      1. water reticulation or supply, including potable, treated, heated and chilled water;
      2. gas reticulation or supply;
      3. electricity supply;
      4. air conditioning;
      5. telephone;
      6. computer, data or television;
      7. a sewer system;
      8. drainage;
      9. a system for the removal or disposal of waste;
      10. a system for the delivery of mail, parcels or goods; and
      11. any other system or service designed to enhance the utilities of Units or Common Areas.
  2. The Owners Association shall be known as "Owners Association – [name of building or community] No [number allocated by the Department].
  3. This Constitution:

    1. applies to all Owners Associations in the Emirate;
    2. shall not be capable of amendment by an Owners Association; and
    3. shall bind the Owners Association and Owners, as well as Occupiers and persons having an interest in rem in a Unit (to the extent that this Constitution applies to such Occupiers and persons), as if all those persons had entered into mutual covenants to perform its terms.

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