<?xml version="1.0" encoding="UTF-8"?>
<rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:wfw="http://wellformedweb.org/CommentAPI/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
	xmlns:georss="http://www.georss.org/georss" xmlns:geo="http://www.w3.org/2003/01/geo/wgs84_pos#" xmlns:media="http://search.yahoo.com/mrss/"
	>

<channel>
	<title>Law No. (27) of 2007</title>
	<atom:link href="http://lawno27.wordpress.com/feed/" rel="self" type="application/rss+xml" />
	<link>http://lawno27.wordpress.com</link>
	<description>Concerning Ownership of Jointly Owned Properties in the Emirate of Dubai</description>
	<lastBuildDate>Tue, 14 Jul 2009 09:33:23 +0000</lastBuildDate>
	<language>en</language>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.com/</generator>
<cloud domain='lawno27.wordpress.com' port='80' path='/?rsscloud=notify' registerProcedure='' protocol='http-post' />
<image>
		<url>http://s2.wp.com/i/buttonw-com.png</url>
		<title>Law No. (27) of 2007</title>
		<link>http://lawno27.wordpress.com</link>
	</image>
	<atom:link rel="search" type="application/opensearchdescription+xml" href="http://lawno27.wordpress.com/osd.xml" title="Law No. (27) of 2007" />
	<atom:link rel='hub' href='http://lawno27.wordpress.com/?pushpress=hub'/>
		<item>
		<title>Law No. (27) of 2007</title>
		<link>http://lawno27.wordpress.com/2009/07/08/law-no-27-of-2007/</link>
		<comments>http://lawno27.wordpress.com/2009/07/08/law-no-27-of-2007/#comments</comments>
		<pubDate>Wed, 08 Jul 2009 14:23:22 +0000</pubDate>
		<dc:creator>lawno27</dc:creator>
				<category><![CDATA[Law no (27)]]></category>

		<guid isPermaLink="false">http://lawno27.wordpress.com/?p=3</guid>
		<description><![CDATA[Concerning Ownership of Jointly Owned Properties in the Emirate of Dubai www.awf.ae I, Mohammed bin Rashid Al Maktoum, Ruler of the Emirate of Dubai Taking cognizance of:– Federal Law No. 5 of 1985 regarding civil transactions and its amendments; And Law No. 7 of 2006 regarding property registration in the Emirate of Dubai; And Regulation [...]<img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=lawno27.wordpress.com&amp;blog=8446714&amp;post=3&amp;subd=lawno27&amp;ref=&amp;feed=1" width="1" height="1" />]]></description>
			<content:encoded><![CDATA[<p style="text-align:left;"><strong></strong><strong>Concerning Ownership of Jointly Owned Properties in the Emirate of Dubai</strong></p>
<p style="text-align:center;"><a href="http://www.awf.ae/index.html" target="_self">www.awf.ae</a></p>
<p style="text-align:center;">
<p style="text-align:justify;">I, Mohammed bin Rashid Al Maktoum, Ruler of the Emirate of Dubai<br />
Taking cognizance of:–<br />
Federal Law No. 5 of 1985 regarding civil transactions and its amendments;<br />
And Law No. 7 of 2006 regarding property registration in the Emirate of Dubai;<br />
And Regulation No. 3 of 2006 regarding determining designated areas where<br />
non-citizen can own property in the Emirate of Dubai,<br />
Issue the following Law:</p>
<p style="text-align:justify;">Article (1)<br />
This Law shall be called Law No. [27] of 2007 regarding Ownership of Jointly<br />
Owned Property in the Emirate of Dubai.<br />
Article (2)<br />
The following words and expressions unless the context otherwise dictates shall<br />
have the following meanings:<br />
Emirate: Emirate of Dubai<br />
Department: Land Department<br />
Chairman: Chairman of the Department<br />
Registry: The property registry maintained at the Department<br />
Master Developer: The person who is licensed to engage in the property<br />
development and sale of Units in the Emirate under<br />
the terms of a Master Community Declaration.<br />
Sub-Developer: the person who is licensed to engage in the property<br />
development and sale of Units and granted the right<br />
from a Master Developer to develop part of a<br />
development project in accordance with the terms of<br />
the Master Community Declaration applying to that<br />
project.<br />
Jointly Owned<br />
Property: The whole or part of a building or land, or both,<br />
divided into Units intended for separate ownership<br />
where part of such building or land has been<br />
designated as Common Areas..<br />
Unit: Any flat, floor, a part of land or house (villa)<br />
connected or not connected with another house being<br />
part of a Jointly Owned Property.<br />
Common Areas: Those common parts of Property designated for<br />
common use by Unit Owners and Occupiers and<br />
shown in the Site Plan.</p>
<p style="text-align:justify;">Site Plan: A plan registered in the Register showing the Units<br />
and itsCommon Areas.<br />
The Owner: The person who is registered as an owner of a Unit in<br />
the Register, including persons with a long term lease<br />
or usufruct right for limited period and also the<br />
Master Developer or the Sub-Developer in regard to<br />
unsold Units.<br />
Master Community<br />
Declaration: The terms and conditions governing the development<br />
and operation of Jointly Owned Property.<br />
Building Management<br />
Statement: A document complying with relevant regulations and<br />
registered on the Register that sets out arrangements<br />
for maintenance and cost sharing relating to Common<br />
Areas and facilities, and including equipment and<br />
services in any part of other building which is subject<br />
to this law.<br />
Owners’ Association: An association constituted in accordance with article<br />
17 of this Law.<br />
Association Constitution: The rules and regulations that governs the Owners’<br />
Association, which shall be issued in accordance<br />
with this Law.<br />
Occupier Whoever leases a Unit (other than a long term lease)<br />
and any visitor of a Unit Owner.<br />
Utility Service: Any of the following services: –<br />
1. water reticulation or supply;<br />
2. gas reticulation or supply;<br />
3. electricity supply;<br />
4. air conditioning;<br />
5. telephone service;<br />
6. computer data or television service;<br />
7. a sewer system;<br />
8. drainage;<br />
9. a system for the removal or disposal of garbage or<br />
waste;</p>
<p style="text-align:justify;">10.a system for the delivery of mail, parcels or goods;<br />
11.any other system or service designed to enhance<br />
the Utilities of Units or Common Areas.<br />
Article (3)<br />
1- Lands owned by Developers and used as Jointly Owned Properties (and<br />
the Units sold by said Developers ) shall be registered with the<br />
Department.<br />
2- Where a Unit in an existing Jointly Owned Property is used by the Owners<br />
of another Jointly Owned Property, the Owners Association for the second<br />
Jointly Owned Property becomes a member of the Owners Association for<br />
the first Jointly Owned Property.<br />
Article (4)<br />
The Department shall prepare and maintain special registers for the Jointly<br />
Owned Properties and their owners and shall issue appropriate title deeds and<br />
regulate the sale, mortgage (or any other disposal) of said Jointly Owned<br />
Properties and the registration of long term lease contracts and usufruct rights<br />
related to these Jointly Owned Properties. Access to those registers shall be<br />
provided to all concerned parties.<br />
Article (5)<br />
Article (4) of Law No (7) of 2006 concerning property registration in the Emirate<br />
of Dubai shall apply to ownership of Jointly Owned Property.</p>
<p style="text-align:justify;">Chapter Two<br />
Ownership of Jointly Owned Properties<br />
Article (6)<br />
1- The Site Plan and the Master Community Declaration and the Association<br />
Constitution form part of the title deed of Jointly Owned Property and shall<br />
be attached thereto, and the Department shall keep an original copy of<br />
the Master Community Declarations at all times.<br />
2- Each Unit Owner has an obligation in favor of other Unit Owners,<br />
Occupiers and the Owners’ Association to comply with the Master<br />
Community Declaration and the Association Constitution.<br />
3- Each Occupier has an obligation in favor of other Unit Owners, Occupiers<br />
and the Owners Association to comply with the Master Community<br />
Declaration and the Association Constitution, to the extent to which their<br />
provisions apply to an Occupier.<br />
Article (7)<br />
1- Unless otherwise indicated on the Site Plan, the Common Areas of Jointly<br />
Owned Property include, without limitation:<br />
(a) Structural elements of Jointly Owned Property including the main<br />
supports, foundations, columns, beams, structural walls, steps,<br />
ceilings, ceiling joists, hallways, staircases, stairwells, emergency<br />
exits, entrances, windows located on exterior walls, facades and<br />
roofs;<br />
(b) Parking areas, watchman rooms, recreational facilities and<br />
equipment, swimming pools, gardens, storage facilities, places<br />
designated for use by the Owners Association or whomever it<br />
assigns or contracts to manage the Jointly Owned Property;<br />
(c) Main utility equipment and systems including electricity generators,<br />
lighting systems, gas systems and equipment, water systems,<br />
heating and cooling systems, air conditioning systems and waste<br />
storage and treatment facilities;<br />
(d) Lifts, tanks, pipes, generators, suction fans, air compressor units,<br />
mechanical ventilation systems;<br />
(e) Water mains, sewer pipes, ventilation shafts, gas pipes and flues and<br />
electrical wiring and conduits serving more than one Unit;</p>
<p style="text-align:justify;">(f) All fittings, connections, equipment and facilities used by more than<br />
one Unit Owner;<br />
(g) Aany device for measuring the reticulation or supply of utilities;<br />
(h) All other parts which are not located within the boundaries of a Unit,<br />
that are necessary and required for the existence, maintenance or<br />
safety of the property<br />
(2) Unless otherwise indicated on the Site Plan, the Common Areas of Jointly<br />
Owned Property comprising land, other than a building or part of a building,<br />
include, without limitation:<br />
a) roads, roundabouts, intersections, pathways, pavement sides, drainage<br />
ways curbs, gutters, median strips, bridges, viaducts,<br />
b) lakes, ponds, canals, promenades, fountains, water features and other<br />
waterways, including all equipment associated with them;<br />
c) Landscaping, open space areas and playgrounds.<br />
d) wires, cables, pipes, sewers, drains, ducts, devices and equipment by<br />
which Units or Common Areas are supplied with Utility Services; and<br />
e) measuring or Utility Service supply devices designated for common use<br />
by the Owners and Occupiers of the Units.<br />
Article (8)<br />
(1) Unless otherwise indicated on the Site Plan, each Unit situated in a<br />
building or part of a building shall include, without limitation, the following:<br />
a) Floors, floor materials and components down to the base of the joists<br />
and other structures supporting the floor of the Unit<br />
b) Plaster ceilings and all other types of ceilings, additions that form part<br />
of the internal area of the Unit and spaces between the ceilings,<br />
ceilings above the support walls and structures inside the Unit and<br />
walls separating the Unit from the rest of the Jointly Owned Property<br />
and any adjacent Units or Common Areas<br />
c) All non-load bearing walls and non-support walls inside the Unit;</p>
<p style="text-align:justify;">d) Windows, glass and fixtures that form part of the interior windows,<br />
lighting systems for the Unit, doors, door frames and all equipment<br />
and fixtures serving the Unit;<br />
e) All internal connections serving the Unit;<br />
f) All fixtures and fittings installed by the Unit Owner or Occupier;<br />
g) All additions, modifications and improvements made to the Unit from<br />
time to time,<br />
(2)<br />
and for the purpose of this paragraph the Unit but does not include<br />
the Utility Service situated in the Unit that services the Common<br />
Areas or another Unit.<br />
Unless otherwise indicated on the Site Plan, each Unit associated<br />
with Jointly Owned Property comprising of land, other than a building<br />
or part of a building, shall include, without limitation, everything<br />
situated within the boundaries of the Unit, other than the Utility<br />
Service that services the Common Areas or another Unit.<br />
(3) Each Unit is entitled to appropriate support and shelter from the other<br />
Units and the Common Areas.<br />
(4) Dividing walls between adjoining Units shall be shared by both Owners if<br />
they are part of the Common Areas.<br />
Article (9)<br />
Unit Owners and Developers with respect to unsold Units own an undivided<br />
share of the Common Areas in the proportions indicated in the Master<br />
Community Declaration unless agreed otherwise..<br />
For the purpose of this paragraph the proportions to be determined on the basis<br />
of the Unit area out of the total area of the joined property.</p>
<p style="text-align:justify;">Article (10)<br />
A Unit Owner may sell or dispose of his Unit by any kind of disposal and also is<br />
entitled to mortgage his Unit in favor of a bank or financial institution provided<br />
that the disposition conveys the whole of his interest in the Unit and Common<br />
Areas.<br />
Article (11)<br />
A Unit co-owned by two or more persons may not be divided among the coowners<br />
unless the Department’s approval is obtained.<br />
Article (12)<br />
(a) Each co-owner of a Unit has a right of first refusal to purchase another coowner’s<br />
share in a Unit offered for sale to a non partner. If more than one<br />
co-owner possesses this right, then they shall be entitled to purchase<br />
proportionally to their existing interests.<br />
(b) The right of first refusal does not apply to any sale between spouses, lineal<br />
ascendants, lineal descendants, brothers or sisters, or their descendants.<br />
Article (13)<br />
(1)<br />
(2)<br />
The right of first refusal cannot be divided, so it cannot be used or<br />
abandoned unless in whole, and incase of multiple owners of this right each<br />
shall use his right according to his share, and if one or some of them<br />
abandoned his right then this right shall be transferred proportionally to their<br />
existing interest<br />
The right of first refusal shall lapse should the selling co-owner notify the<br />
other co-owners, through a Notary Public, of the name and address of the<br />
third party purchaser and the conditions of sale, and the co-owners fail to<br />
agree to said conditions within a period of 1 month after receiving said<br />
notice.<br />
(3) In the event a co-owner agrees to buy he must notify the selling co-owner<br />
through the Notary Public of said intention within 15 days of receiving notice<br />
of the sale and complete the sale procedures at the Department within 10<br />
working days from finishing this period.</p>
<p style="text-align:justify;">If it is approved that the sale was done with better terms to the benefit of the<br />
purchaser from the mentioned terms in the notification sent to the owners of<br />
the right of the first refusal; they have the right to claim for compensation for<br />
the damage suffered to them in front of the competent court.<br />
Article (14)<br />
Jointly Owned Properties registered according to this Law are not subject to the<br />
provisions of Preemption mentioned in the federal Civil Transaction Law No. (5)<br />
of 1985 as amended.<br />
Article (15)<br />
A Unit Owner may lease his Unit on condition that the Unit Owner and tenant<br />
remain obliged to comply with the Association Constitution and the Master<br />
Community Declaration towards the other Unit Owners, Occupiers and the<br />
Owners Association.<br />
Article (16)<br />
Under no circumstances can Common Areas be divided. Common Areas may<br />
not be disposed of, in whole or in part, separately from the Units to which they<br />
appertain.</p>
<p style="text-align:justify;">Chapter Four<br />
Owners Association<br />
Article (17)<br />
1- An Owners Association shall be legally formed upon the registration of the<br />
first sale of a Unit in a Jointly Owned Property in the Register.<br />
2- The Association shall comprise the Unit Owners of the Jointly Owned<br />
Property and the Master or Sub Developer with respect to unsold units.<br />
3- A Unit Owner’s membership in the Association shall commence upon<br />
registration as the Owner of the Unit and shall lapse upon the expiry of<br />
his/her registration as the Owner of the Unit<br />
Article (18)<br />
1- The Owners Association is an establishment not for profit, and has a<br />
separate legal entity from its members, has the right to sue in this capacity<br />
and to own movable assets.<br />
2- The Owners Association shall be subject to the provisions and terms of<br />
this Law, the provisions of the Master Community Declaration and the<br />
Association Constitution and shall be represented before the Courts or<br />
other authorities by its Manager.<br />
Article (19)<br />
1- Each Unit Owner and the Developer with respect to unsold units have the<br />
right to attend and vote at meetings of the general assembly of the<br />
Owners Association in accordance with the Association Constitution.<br />
2- Each Unit Owner has a number of votes in proportion to his shares of<br />
ownership in the Jointly Owned Property as indicated in the Master<br />
Community Declaration.<br />
Article (20)<br />
Each Owner’s Association must mention the name of an “Owners Association”,<br />
and number and name of the Jointly Owned Property, if any.<br />
Article (21)</p>
<p style="text-align:justify;">1- The Owners’ Association is responsible for the management, operation and<br />
maintenance of the Common Areas and for that purpose must obtain an<br />
appropriate license from the Department.<br />
2- The Owners Association may delegate all or some of its powers to a person<br />
or company it appoints at such remuneration and on such terms as agreed<br />
by the parties.<br />
Article (22)<br />
1- Each Unit Owner shall pay the Owners Association his share of the annual<br />
service fee to cover the cost of management, operation, maintenance and<br />
repair of the Common Areas. Such fee must be calculated in<br />
correspondence with the space of Unit out of the total space of the Jointly<br />
Owned Property. The Master or Sub Developer shall pay his share of the<br />
fee with respect to unsold Units.<br />
2- A Unit Owner may not relinquish his share in the Common Areas in order<br />
to avoid paying his share of the annual service fee.<br />
Article (23)<br />
1- Save as authorized by the Owner’s Association or permitted by the Master<br />
Community Declaration, a Unit Owner may not make any alterations or<br />
modifications to the structure or external appearance of his Unit or any part<br />
of the Jointly Owned Property that would materially affect the Unit or Jointly<br />
Owned Property or its external appearance.<br />
2- A Unit Owner who contravenes any of the provisions of paragraph (1) shall<br />
be liable to repair the resulting damage at his own expense and in the<br />
manner requested by the Owner’s Association. If the Unit Owner fails to<br />
comply with this requirement, the Owner’s Association shall repair the<br />
damage and recover the repair costs from the Owner.</p>
<p style="text-align:justify;">Chapter Five<br />
Common Areas<br />
Article (24)<br />
Subject to the Association Constitution, Unit Owners and Occupiers and their<br />
guests must use the Common Areas as designated for, and in a way that does<br />
not compromise the rights of others to use those areas or disturb others or put<br />
their safety or the safety of the Jointly Owned Property at risk.<br />
Article (25)<br />
1- The Owner’s Association shall have a lien on every Unit for unpaid service<br />
fees and any other obligations levied against the Unit Owner in<br />
accordance with the provisions of this Law or the Association Constitution.<br />
This right shall exist even when ownership of the Unit has been<br />
transferred to a new Owner.<br />
2- If the Unit Owner does not pay his share of service fees or defaults on<br />
any of his obligations, the decision of the Manager of the Association<br />
takes against the Unit Owner shall be, after 3 months of being notified to<br />
him through the Notary Public, enforceable by the Execution Judge at any<br />
Competent Court , and in all cases the suffered person may object on this<br />
decision within that period at the Competent Court, and the execution<br />
must be held till taking a decision in the subject of the objection.</p>
<p style="text-align:justify;">Chapter Six<br />
Obligations of the Property Developer<br />
Article (26)<br />
1- With respect to the construction contract provisions in the Civil Transaction<br />
Federal Law No. (5) of 1985, the Developer remains liable for 10 years from<br />
the date of completion certificate of the building to repair and cure any<br />
defects in the structural elements of the Jointly Owned Property notified to<br />
him by the Owners Association or a Unit Owner.<br />
2- The Developer, in respect of a development or part of a development<br />
undertaken by him, remains liable for 1 year from the date of completion<br />
certificate of the building to repair or replace defective installations in the<br />
Jointly Owned Property which, for the purpose of this Article, include<br />
mechanical and electrical works, sanitary and plumbing installations and the<br />
like.<br />
3- Subject to the provisions of paragraphs (1) and (2) above, nothing in this<br />
Law shall in any way affect or impair any rights or warranties which a Unit<br />
Owner may be entitled to assert against the Master Developer or the Sub-<br />
Developer under any other Law.<br />
4- The provisions of any agreement inconsistent with this Article entered into<br />
after this Law takes effect shall be absolutely null and void.<br />
Article (27)<br />
1- Incase developing the Jointly Owned Property on stages the Master<br />
Community Declaration must declare the arrangements of dividing this<br />
project.<br />
2- If Jointly Owned Property is confined to only part of a building and no<br />
Master Community Declaration is registered in respect of the whole<br />
building, then a Building Management Statement must be recorded in the<br />
Department Register in respect of that building.</p>
<p style="text-align:justify;">Chapter Seven<br />
Jointly Owned Property Insurance<br />
Article (28)<br />
An Owners’ Association must maintain comprehensive insurance in an amount<br />
equal to the repair or replacement value of the Jointly Owned Property incase of<br />
its destruction for any reason and the Association shall be the beneficiary of said<br />
insurance.<br />
Article (29)<br />
The Owners’ Association shall procure insurance against liability for damage to<br />
property or bodily injury to Owners and Occupiers.<br />
Article (30)<br />
The insurance premiums payable by each Unit Owner shall be covered by the<br />
annual service fees paid to the Owners’ Association according to the provisions<br />
of article (22) of this Law.</p>
<p style="text-align:justify;">Chapter Eight<br />
Closing Provisions<br />
Article (31)<br />
In accordance with article (18) of this Law, the Owners’ Association may, in its<br />
own name and on behalf of its members, sue others including other Units&#8217;<br />
Owners, Occupiers and any other person occupying the Jointly Owned Property<br />
for breach of this Law or the Association Constitution.<br />
Article (32)<br />
The Chairman shall issue regulations and decisions required to enforce this Law.<br />
Article (33)<br />
This Law shall be published in the Official Gazette and shall take effect three<br />
months from the date of publication.<br />
Mohamed bin Rashid Al Maktoum<br />
Ruler of Dubai<br />
Issued in Dubai on: 10 December 2007<br />
Corresponding to: 30 Thu Al Qeada 1428 AH</p>
<br />  <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gocomments/lawno27.wordpress.com/3/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/comments/lawno27.wordpress.com/3/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/godelicious/lawno27.wordpress.com/3/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/delicious/lawno27.wordpress.com/3/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gofacebook/lawno27.wordpress.com/3/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/facebook/lawno27.wordpress.com/3/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gotwitter/lawno27.wordpress.com/3/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/twitter/lawno27.wordpress.com/3/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/gostumble/lawno27.wordpress.com/3/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/stumble/lawno27.wordpress.com/3/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/godigg/lawno27.wordpress.com/3/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/digg/lawno27.wordpress.com/3/" /></a> <a rel="nofollow" href="http://feeds.wordpress.com/1.0/goreddit/lawno27.wordpress.com/3/"><img alt="" border="0" src="http://feeds.wordpress.com/1.0/reddit/lawno27.wordpress.com/3/" /></a> <img alt="" border="0" src="http://stats.wordpress.com/b.gif?host=lawno27.wordpress.com&amp;blog=8446714&amp;post=3&amp;subd=lawno27&amp;ref=&amp;feed=1" width="1" height="1" />]]></content:encoded>
			<wfw:commentRss>http://lawno27.wordpress.com/2009/07/08/law-no-27-of-2007/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
	
		<media:content url="http://0.gravatar.com/avatar/076237d243538d8a593683f95a4374cf?s=96&#38;d=identicon&#38;r=G" medium="image">
			<media:title type="html">lawno27</media:title>
		</media:content>
	</item>
	</channel>
</rss>
