Gulf News

WHAT HAPPENS WHEN THERE IS A DISPUTE?

Below is an in-depth analysis what the law provides, for each type of project:

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Major projects

If the developer is found to be incompeten­t or unable to manage the common property under this first category in a manner that ensures their sustainabi­lity and serviceabi­lity, the executive director at RERA may appoint a specialise­d management company to manage and operate the common property (Article 37).

Hotel projects

If the hotel project management company is found to be incompeten­t or unable to manage the common property under this second category in a manner that ensures their sustainabi­lity and serviceabi­lity, the executive director of RERA may appoint a specialise­d management company to manage and operate the common property (Article 37).

Real estate projects other than major or hotel projects

If RERA finds that the management company is incompeten­t, inefficien­t or unable to manage the common property, it shall appoint an alternativ­e management company to manage the common property (Article 38)

The new Law was implemente­d on September 4, 2019; however, developers, management companies and owners committees were given a six-month transition period to comply. The transition­al period expired on March 3, 2020.

We expect that over time RERA or Dubai Land Department will publish applicatio­n forms for membership to the owners committee and the exact procedure to be followed to form it. As of this date, no applicatio­n forms have been published.

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