Dubai tenants can file lawsuits if building services
discontinued: Rera
Owners'
associations not allowed to cut, block services to joint ownership areas
Dubai's Real estate has advised tenants, who have been affected by the discontinuation of building services, to file a lawsuit against the parties responsible with the rental dispute settlement committee. www.dubaibusinesskey.com
Dubai's Real estate has advised tenants, who have been affected by the discontinuation of building services, to file a lawsuit against the parties responsible with the rental dispute settlement committee. www.dubaibusinesskey.com
Any tenant affected by the
cutting of building services is entitled to open a lawsuit against the party
responsible at the Rental Dispute Settlement (the judicial arm of Dubai Land
Department) as these practices are not permitted under Law 27 of 2007.
The regulatory agency said that
building management parties, whether developers or corporate services
administrative supervisors of the owners associations, should visit RERA or send us email, info@dubaibusinesskey.com to submit
their proposed service charge fees for the buildings managed by them.
This is a mandatory requirement so that Rera can
review, approve or modify the charges as necessary. Building management must
pay the service charges approved by RERA under Law 27 of 2007. They are not
permitted to set service charge fees without first undertaking this procedure
and receiving Rera approval,
the agency added.
But when specifically
asked if the law gives a district cooling company the right to disconnect the
chilled water supply for the entire building, RERA not permissible to cut the
services for joint ownership areas.
"It is not permissible to cut the services for
joint ownership areas. If the services are cut, the damaged party (tenant)
should undertake the specified procedures outlined under law No. 27 of 2007
that covers joint ownership areas for property in the emirate of Dubai and
relates to the blocking of units where building management fails to pay their
service charges.
Circulation No.1 of
2014 outlines that owners' associations are not allowed to set service charge
fees before having them approved by RERA. It also affirms that owners'
associations (OAs) are not allowed to cut or block services to joint ownership
areas."
RERA, they (OAs) are
not permitted to undertake any other activity other than those set out in
article No. 25 law under law No. 27 of 2007 relating to joint ownership areas
of property in Dubai.
The agency further said that with
specific regards to the district cooling company, one needs to review the
Regulatory and Supervisory Bureau at the Supreme Council of Energy, which is
the regulatory body for energy in Dubai.
There have been many cases where
developers or district cooling companies have threatened to discontinue
services if property owners don't pay their dues.
The recent case was in Discovery Gardens
where residents of two buildings were threatened of chilled water supply being
cut off unless defaulters paid, but later no such harsh step was taken.
