The Great Service Charge Mystery Explained
Type
E-journal
Date
10 Jan 2012
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Regulatory Compliance, Rent & Service Charges, Residential Tenancies, General Real Property Law
Copyright
LexisNexis
Relevant company
Hadef & Partners
Legal reference
Dubai Law No. 27/2007, Dubai Directions No. 1/2010
Associated digest links
The Impact of the Jointly Owned Property Law on Hotels and Branded Operators in Dubai-Update, LNB News 23/05/2011 71, JOP Law: Full Disclosure Looming, LNB News 04/01/2011 80, The Impact of the Jointly Owned Property Directions on Hotels and Branded Operators, LNB News 20/07/2010 58, Strata Law and Regulations and Registration of Home Owners' Associations, LNB News 10/06/2010 78, New Strata Legal Obligations for Developers, LNB News 10/06/2010 57
Analysis
In 2007 it was clear that His Highness Mohammed bin Rashid Al Maktoum, the Ruler of Dubai and Vice President of the UAE, had a vision for Dubai to implement world class standards in respect of service charges for jointly owned property
However, nearly five years later, many investors are still wondering what has become of the great promise of Dubai Law No. 27/2007 on Jointly Owned Property (‘JOP Law'), and many remain in the dark as to what the service charges they pay are used for.
Whilst the JOP Law deals with many issues, the brief highlights as they relate to service charges are:
(a) All owners have an undivided share in the common areas (Article 9);
(b) All owners must pay their share of the costs of maintenance, operation and repair of the common areas (Article 22); and
(c) The collection and use of service charges is not for profit (Article 18).