Owners Association Board Members-Does the Buck Stop with You?

Analysis

The Tamweel Tower fire in Jumeirah Lakes Towers this week illustrates a serious situation that Owners Association Board members may have to deal with in their communities. In another recent example, a major piece of external cladding in a different Dubai apartment community was ripped off in high winds. Thankfully no serious injuries have been reported in either of those cases, but the potential seriousness of these events and the myriad of other issues that can arise in large scale residential and villa communities raise a number of questions regarding who may be liable, whether it could have been prevented and who helps deal with the matter afterwards. Can any Board members say with a high level of confidence that their Boards are prepared to deal with such situations?

The general intention of Dubai Law No. 27/2007 concerning Jointly Owned Properties in the Emirate of Dubai and its related Directions (“JOP Law”) is to create a regulatory structure that makes Owners Associations the cornerstone of Dubai jointly owned property communities. If working properly, the functions of an Owners Association should include: