JOINTLY OWNED PROPERTY LAW (Law No. 27 of 2007)
JOP Law establishes the rights, obligations and responsibilities concerning the ownership of property in Dubai. This law is widely known in other foreign countries as Strata Law. JOP Law comprises of regulations covering:
Your New Responsibility under JOP Law
While JOP Law addresses many issues, one of its specific provisions, which directly affects you as homeowners is with regard to the provision of facilities services.
Previously, developers awarded contracts for the maintenance and development of common areas*
to a third party provider. As JOP Law comes into full effect the responsibility will be completely transferred to the Property Owners as an Owners Association
GENERAL ASSEMBLY AND BOARD ELECTIONS
A General Assembly for each community division shall be called by the property developers. Homeowners will elect at these General Assemblies their respective Owners Association boards which will require a minimum of 5 but not exceeding 7 board members, who must be homeowners within that community. The elected Committee will serve a 1-year term, after which another election will be held. The Board is responsible for fulfilling certain functions. The powers and obligations of the Owners Association include, among others:
JOP Law requires every freehold developer in Dubai to establish Owners Associations, which are corporate entities that will be governed by a ‘Board’. The board will be elected by each community’s homeowners at a General Assembly initially called by the developer.
The Owners Association is regulated by a Constitution approved by the Land Department, and a ‘Jointly Owned Property Declaration' (JOPD) prepared and filed by the developer.
HOW THIS APPLIES TO YOU
Each development will be segmented into community divisions which will each have an Owners Association representing them. The Owners Association will have the power to appoint and oversee a third party facilities services provider that will take care of the common areas in their respective community.
The Owners Association must also appoint an Association Manager who will assist the Board in the administrative, financial, technical and service functions of the Owners Associations.
The Association Manager must be licensed by the Economic Department and registered with RERA (Dubai’s Real Estate Regulatory Authority). The Association Manager will play an advisory role for the Owners Association and an appointment contract can be for a period of up to 3 years and can include an option to renew.
The Association Manager’s specific duties will include: