Can Dubai Building Management Fine Owners For Children Playing In Common Areas?

Response: In light of the circumstances described and your queries, please note that the provisions of Dubai's Law No (6) of 2019 Concerning Ownership of Jointly Owned Real Property in the Emirate of Dubai (the “JOPD Law” ) are relevant and applicable.

By the provisions of the JOPD Law, for every jointly owned property in Dubai (which presumably would include your building as well) there must be“Building Management Regulations” prepared by the concerned developer and approved by the Real Estate Regulatory Authority (“RERA”) of the Land Department, Government of Dubai (“DLD”).

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The Building Management Regulations are primarily meant to set forth rules regarding usage of common parts of the jointly owned property or building. For context, following is the definition of the“Building Management Regulations” under Article (2) of the JOPD Law.

“A document prepared in accordance with the relevant bylaws issued by the DLD, and entered in the Jointly Owned Real Property Register, which states the procedures for maintenance of Common Parts, including equipment and services in any part of another building, and the percentages of contribution of Owners in the relevant costs.”

Furthermore, following is the definition of“Common Parts” under Article (2) of the JOPD Law:

“The parts of Jointly Owned Property, as shown on the Site Plan, designated for common use by the Owners and Occupants of Units”

It is the obligation of an occupant of an apartment to abide by the building management regulations. This is in accordance with Article 6(b) and Article 16(a) of the JOPD Law, which read as follows:

“An occupant shall be under an obligation towards the developer, the owner, the occupants of other units, and the owners committee with the master community declaration, statute, and the Building Management Regulation to the extent that their provisions apply to that occupant.”

“An owner may lease out his unit, provided that he and the tenant remain under an obligation towards other owners and occupants, the owners committee, and the management entity to comply with the statute, the master community declaration, and the Building Management Regulation.”

By the provisions of Article 18 of the JOPD Law, the management of the common areas of a jointly owned property may be entrusted or delegated to a Management Company which (by definition under the JOPD Law) must be a sole proprietorship or company recognised by RERA and specialized in managing Common Facilities, Jointly Owned Real Property, or Common Parts, as the case may be.

To the extent authorised, and subject to the specific purposes for it is appointed, the Management Company is required to manage the jointly owned property strictly in accordance with the Building Management Regulation, in addition to other rules and regulations.

Accordingly, if the applicable Building Management Regulation at your building restricts certain activities at the Common Parts in the building and/or imposes penalties for such activities, then the Management Company is obliged to issue you notices for non-compliance with a warning of penalties for repeat violation.

In the circumstances, it shall be prudent for you to check the provisions of the relevant Building Management Regulations for your building (which you may have received at the time of handover of possession), and confirm if the action taken by the Management Company at your building is justified.

Challenging any fines imposed

Should the Management Company impose a fine, which you believe is unreasonable or incorrect, then you may challenge such fine in accordance with the mechanism prescribed within the Building Management Regulations. Generally, any such challenge or dispute could be brought before specific internal committees organised by the Owners' Association.

If such committee is unable to resolve the dispute, then the matter could be brought to the attention of the DLD, by way of filing a complaint electronically on the dedicate DLD portal or the Dubai REST Application for smartphones.

Applicable Laws:

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: . Readers may e-mail their questions to: ... or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel.

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