What does Article 38 state regarding the failure to manage property effectively under Dubai's property laws?
Article 38 of Dubai's Law No. 6 of 2019 on the Regulation of Jointly Owned Property addresses the consequences of a management company's failure to effectively manage a property. This law, which governs the management of jointly owned properties in Dubai, outlines the steps that the Real Estate Regulatory Agency (RERA) can take if a management company is found to be incompetent or negligent in its duties.
Key Points of Article 38:
Assessment and Warning: If RERA identifies that a management company is not managing the common areas of a property effectively, it will first inform the Owners' Committee of the issues and seek their input. RERA will then issue a formal warning to the management company, detailing the shortcomings in the management, maintenance, and operation of the property. The management company has 14 days to respond to this warning.
Audit and Compliance: RERA may appoint an independent auditor to review the service charge accounts and ensure that the management company is adhering to the approved budget. This audit is crucial for maintaining transparency and accountability in the management of the property.
Replacement of Management Company: If the management company fails to rectify the issues within the specified timeframe, RERA has the authority to replace it with an alternative management company. The outgoing management company must transfer all management responsibilities to the new company within 30 days of RERA's decision.
Liability for Damages: If the ineffective management of the property leads to damages, the management company may be held liable for the repair costs. These costs can be deducted from the company's bank guarantee, ensuring that the owners are not financially burdened due to the management company's failures.
This law is part of Dubai's ongoing efforts to enhance the governance and management of jointly owned properties, ensuring that property owners and residents benefit from well-maintained and efficiently managed common areas. The strict enforcement of these regulations by RERA helps maintain the high standards expected in Dubai's real estate market.
This comprehensive approach under Article 38 provides a structured process for addressing management failures, protecting the interests of property owners and ensuring the overall quality of life within jointly owned properties in Dubai.
