Fly High Facilities Management have an in depth and unparalleled understanding of your community, its assets and facilities, like no other provider with a decade of experience in the UAE covering almost 371,820,304 sq. ft.
With this wealth of experience and knowledge of maintaining residential communities, we are equipped with foresight into potential problems and with the ability to continuously improve our methods to identify and implement improvements, energy reductions and cost savings within the community.
We have Dubai Real Estate Institute Certified Facilities Services Managers working across various portfolios within Fly High Facilities Management, who understand the laws and requirements around JOP Law.
Fly High Facilities Management actively participates in the changing industry to support the changes in the law by discussing these issues in the press and forums to increase the understanding and bring awareness to the changes.
Fly High Facilities Management has participated in events and discussions with the Middle East Facilities Management Association, Middle East Association Managers Conference and Annual Owners’ Association Conference to participate in discussions regarding the Industry and changes to the law.
JOINTLY OWNED PROPERTY LAW (Law No. 27 of 2007)
JOP Law establishes the rights, obligations and responsibilities concerning the ownership of property in Dubai. This law is widely known in other foreign countries as Strata Law. JOP Law comprises of regulations covering:
- Ownership of Property
- Owners Association Constitution
- General Regulation Concerning Jointly Owned Properties
- Jointly Owned Property Declarations (JOPD)
- Preparation of Survey Plans
Your New Responsibility under JOP Law
While JOP Law addresses many issues, one of its specific provisions, which directly affects you as homeowners is with regard to the provision of facilities services.
Previously, developers awarded contracts for the maintenance and development of common areas*
to a third party provider. As JOP Law comes into full effect the responsibility will be completely transferred to the Property Owners as an Owners Association
GENERAL ASSEMBLY AND BOARD ELECTIONS
A General Assembly for each community division shall be called by the property developers. Homeowners will elect at these General Assemblies their respective Owners Association boards which will require a minimum of 5 but not exceeding 7 board members, who must be homeowners within that community. The elected Committee will serve a 1-year term, after which another election will be held. The Board is responsible for fulfilling certain functions. The powers and obligations of the Owners Association include, among others:
- Supervision, management and development of the common areas for the collective benefit of owners
- Promotion of harmony and a sense of community among owners and unit occupiers
- Holding of an Annual Owners General Assembly
- Entering into Supply Agreements with third party contractors* including the Association Manager
- Setting up the General Fund and the Reserve Fund for the Owners Association
- Board members serve on a voluntary basis and shall serve without pay or remuneration.
OWNERS ASSOCIATION
JOP Law requires every freehold developer in Dubai to establish Owners Associations, which are corporate entities that will be governed by a ‘Board’. The board will be elected by each community’s homeowners at a General Assembly initially called by the developer.
The Owners Association is regulated by a Constitution approved by the Land Department, and a ‘Jointly Owned Property Declaration’ (JOPD) prepared and filed by the developer.
HOW THIS APPLIES TO YOU
Each development will be segmented into community divisions which will each have an Owners Association representing them. The Owners Association will have the power to appoint and oversee a third party facilities services provider that will take care of the common areas in their respective community.
ASSOCIATION MANAGER
The Owners Association must also appoint an Association Manager who will assist the Board in the administrative, financial, technical and service functions of the Owners Associations.
The Association Manager must be licensed by the Economic Department and registered with RERA (Dubai’s Real Estate Regulatory Authority). The Association Manager will play an advisory role for the Owners Association and an appointment contract can be for a period of up to 3 years and can include an option to renew.
The Association Manager’s specific duties will include:
- Preparation of the annual budget in coordination with the Board
- Issuance of service fee invoices and collection of payments on behalf of the Owners Association
- Management of communications, inputs and complaints from home owners
- Liaising with RERA and local authorities
- Management of all insurance and license requirements on behalf of the Owners Association
- Negotiation with and recommendation for suppliers and contractors
- Management and supervision of contractors and service providers’ performance
- Documents and records keeping
- Handling legal matters on behalf of the Owners Association
