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Mag 5 Boulevard Owners Association
COMMUNITY RULES
VERSION: 1.1.3
1. DEFINITIONS 3
INTRODUCTION 3
2. GENERAL RESTRICTIONS 5
2.1. NOISE AND NUISANCE ACTIVITIES 5
2.2. PRIVACY 6
2.3. ABUSE OF COMMUNITY STAFF 6
2.4. HAZARDOUS ACTIVITIES 7
2.5. DUMPING AND TRASH MANAGEMENT 8
2.6. LITTERING AND VANDALISM 9
2.7. USE RESTRICTIONS 9
2.8. HOUSEHOLD STAFF 10
2.9. MOVEMENT OF GOODS 10
3. USE OF FACILITIES AND ACCESS REGULATIONS 11
3.1. RECREATION AREAS, PARKS AND PLAYGROUNDS (SHARED FACILITIES) 11
3.2. CLUB HOUSE 12
3.3. SWIMMING POOLS 12
3.4. SERVICE PLANT, FILTRATION AND TELEPHONE ROOMS / STRUCTURES 13
4. VEHICLES & PARKING RESTRICTIONS 13
4.1. ACCESS CONTROL 13
4.2. PARKING 13
4.3. ROAD USAGE AND ROAD SAFETY 15
4.5. EMERGENCY OR TEMPORARY MAINTENANCE AND CONSTRUCTION VEHICLES 16
5. MAINTENANCE AND AESTHETICS 16
5.1. BALCONIES 16
5.2. PEST CONTROL 16
5.3 INTERNAL MAINTENANCE 16
6. HOME APPEARANCE 17
6.1. WINDOWS 17
6.2. EXTERIOR ATTACHMENTS 17
6.3. LAUNDRY 17
6.4 DOORS/DOOR FRAMES 17
6.5 LIGHTING 18
6.6. HOLIDAY/CELEBRATION DECORATIVE LIGHTING 18
6.7. SIGNAGE 18
6.8. BALCONIES 18
6.9. HOME IMPROVEMENT 19
7. ASSESSMENTS 20
7.1. PURPOSE OF ASSESSMENTS 20
7.2. COMPUTATION OF ASSESSMENTS 20
7.3. COLLECTIONS OF SERVICE FEES 20
7.4 DELAYS IN PAYMENT OF SERVICE FEES 20
7.5 OPERATION OF BANK ACCOUNT 22
8. ENFORCEMENT OF RULES 22
8.1 PROCEDURE FOR ENFORCEMENT OF RULES 23
8.2 SCHEDULE OF FINES AND CHARGES 24
9. PROPERTY RIGHTS 24
10. MEMBERS OBLIGATIONS 25
11. FINE STRUCTURE 26
12. ADDITIONAL RETAIL RULES 27
INTRODUCTION
Community Rules are for the benefit of owners and residents and are designed to create an environment in which all owners and residents can maximize the enjoyment of their homes and the various common areas and facilities. It is also the intent of these Rules to create a serene, attractive and safe environment for the families, children, neighbors, and guests of the Community. Adherence to these rules will maintain, preserve, enhance, and protect the property values and assets of the Community.
Violation of any of the Community Rules will be uniformly enforced, with a Notice of Violation and applicable Violation Penalty.
1. DEFINITIONS
1. Architectural Guidelines: mean and refer to those certain architectural standards, landscape standards and other general policies, OA procedures and criteria, with respect to home/unit improvement which may be adopted by the Owner Association or are otherwise required within other Governing Documents.
2. Board / Board of the Owners’ Association – means the board constituted in accordance with the Governing Documents.
3. Capital Reserve Fund / Sinking Fund – means a separate annual fee for capital replacements, kept in reserve for any emergencies or routine replacement of assets upon their expiry of their useful life, asset maintenance of a non-annual basis, as well as for investing in improvements and additional facilities for the Community at the discretion of the Owner Association and ratified consistent with RERA regulations.
4. Common Area –means all open areas, services, facilities, roads, pavements, water features, gardens, utility and administrative buildings or areas, installations, improvements and common assets in the Community and/or in each Common Property which are intended for use by all Owners and the Developer and that do not form part of the title of any Unit.
5. Common Property - means the entire building or any part thereof and/or the plot of land in the Community, which is divided into Common Areas and Units allocated for freehold ownership, and in respect of which this separate Owners Association is established.
6. Community: means anything within the entire Community. known as Mag 5 Boulevard, Dubai, which is to be divided into Common Properties and Common Areas in accordance with the Plan or any amendment thereof and includes any and all extensions of the Community including roads, landscaped areas, playgrounds, paths and other facilities. For the avoidance of doubt, each Common Property includes Units and Common Areas.
7. OA (Community) Manager – means the manager appointed from time to time by the Owners Association to maintain and manage the Community on behalf of the Owners’ Association.
8. Community Rules / Rules – means the Community Rules as set out in this document, the Governing Documents and such further rules and regulations the Association may make from time to time.
9. Developer – means Mag 5 Property Development LLC a company duly incorporated and registered in Dubai, United Arab Emirates or any of its subsidiaries, nominees, assigns, successors or successors-in-title.
10. Emergency – means an incident that endangers, health and safety or significant assets of the owner’s association, or disruption to supply of utilities or where immediate action is required to remain or become compliant with regulations of the authorities.
11. Enforcement Notice: An Enforcement Notice is a formal citation that informs a person that a Community Rule or other permit has been violated. The purpose of the Enforcement Notice is to initiate corrective action that will stop the violations. An Enforcement Notice may also result in Penalties.
12. General Assembly means all the entitled unit owners invited to decide on an issue or issues concerning the community
13. Governing Documents: means this document and amendments thereto as well as Master Community Rules of Dubai South Community, the Jointly Owned Property Declaration, Building Management Statement, the original developers sale and purchase agreement and all regulations and directions issued by government authorities. In event of any conflict between Governing documents, the order of precedence shall be all regulations of government authorities followed by Master Developer Community Rules, followed by these community rules or as amended.
14. JOPD Declaration/ Declaration – means the Jointly Owned Property Declaration registered with the authorities.
15. Local Authority: means the governing authorities of the Emirates of Dubai including but not limited to Police, Immigration, RTA, DEWA, Civil Defence, RERA, Land Department. In short, any government body that has jurisdiction over the Community.
16. Master Community Charge: the master community means the fees for the program of maintenance, management, security, upkeep, renewal, repair and replacement of the roads, landscaped areas, boulevards facilities and all other areas constituting the Common Property of the Master Community, including without limiting the generality of the foregoing, the costs of water, electricity, equipment, and other expenses and the employment of contractors, employees, managers and workmen associated with these tasks plus the costs of administration.
17. Management: - means the Developer, Owners Association, OA Manager and/or any of its assignees.
18. Members means any member of the Owners Association
19. Notice of Violation: A Notice of Violation is a formal citation that informs a person that a Community Rule or a permit condition has been violated. The purpose of the Notice of Violation is to initiate corrective action that will stop the violations. A Notice of Violation may also result in Violation Penalties.
20. Owner – means the owner of a Unit including an owner whose title registration is pending.
21. Owners’ Association (OA) / Association – means the association of all the Owners in the Jointly Owned Property of Mag 5 Boulevard.
22. Plot – means the extent of a plot of land on which an individual property is built.
23. RERA- means the Real Estate Regulatory Agency, a part of the Dubai Land Department
24. Resident / Occupier / Occupant– means any person occupying or visiting a Unit owned by an Owner, including such Owner’s lessees, tenants, visitors, servants, agents, employees, guests, family members, clients, customers, patients or business associates.
25. Service Fees / Service Charges – means the fees for the program of maintenance, management, security, upkeep, renewal, repair and replacement of the roads, landscaped areas, facilities and all other areas constituting the Common Property of the Development/Master Development, including without limiting the generality of the foregoing, the costs of water, electricity, equipment, and other expenses and the employment of contractors, employees, managers and workmen associated with these tasks plus the costs of administration.
26. Special Levy: means a one-time levy to cover a major expense that was not included in the annual budget or capital reserve fund. Special Levies may apply to capital expenditure or facilities requested by the majority of owners and approved by the Board.
27. Tenant / Lessee – means a person or corporate body renting a property from the Owner.
28. Unit / Property / Home / Household – means a unit or units of the Common Property, such as any apartment, house, floor, etc., with or without dedicated parking space, located in a Common Property, and owned by an Owner or by the Developer.
29. Violation Penalty: A Violation Penalty is the result of a Notice of Violation where corrective action has not taken place. Violation Penalties are often monetary fines but may include reporting of the violation to the Local Authorities.
2. GENERAL RESTRICTIONS
1. Noise and Nuisance Activities
1. No nuisance, obnoxious or offensive activities shall be carried out on any part of the Community, nor shall anything be done or maintained on any part of the Community including a Resident’s premises which may be or may become an unreasonable annoyance or nuisance to the neighborhood or interfere with the quiet enjoyment by any Owner or Resident.
2. Such nuisances include but are not limited to odours, smoke, vibrations, and obstruction of views. Offensive noises include but are not limited to those that are caused by pets, televisions, music systems, musical instruments, toys, revving car engines, revving motorcycles, and car stereos. Noise is considered to be too loud if it can be heard by an adjacent neighbor when inside their house with their windows and doors closed.
3. Noise from power tools is only allowed between 9:00am and 5:00pm. except for Friday, where such noise is restricted entirely
4. Notwithstanding earlier paragraphs, special attention will be made for noise and other disturbances, after 10.30pm at night, Saturday to Wednesday nights and after 12.30am Thursday and Friday nights [night also refers to the morning of the following day up to 7am] During these periods the security may give the resident a warning to stop the noise immediately. Any noise during these times in excess of 35DB(a) witnessed from any doorway of a neighbor will be considered excessive. The security may call the Police without warning
5. Residents who inform the security and their neighbors in advance that they intend to hold a function in their unit, and keep noise to reasonable level, and do not hold such functions too frequently will be afforded greater cooperation to the extent that other residents are not unduly disturbed. Shouting or group singing in a party atmosphere is unacceptable
6. Residents are required to impose on their guests the requirement to refrain from disturbing other residents until they have left the development. Residents are fully responsible for the actions of their guests infringing rules of the governing documents.
7. Residents must not cause the base setting on any music equipment to be turned up too high as to cause vibrations through the building, or to be felt in adjacent units.
8. For the protection of all residents to have peaceful enjoyment of their home, the following relate specifically to children.
9. No running, shouting or playing games (tricycles, scooters & skateboards) in the corridors, or within 3 meters of the swimming pool
10. Excessive noise and shouting anywhere in the community is not allowed.
11. No fire crackers, colored powders/water balloons etc. to be used in the community.
12. No pets permitted in Mag 5 Boulevard.
2. Privacy
1. No activities or actions shall be carried out in any part of the Community that may unreasonably interfere with a resident’s right of privacy within that resident’s residence.
2. Owners and Residents are to avoid any attempt to look into a neighboring unit or to look into the windows of neighboring structures.
3. Owners and Residents bear the responsibility must protect their own privacy through the design of their window treatments, window furniture and landscaping as long as it conforms to the community’s Architectural Guidelines.
3. Abuse of Residents and Community Staff
1. Owners and Residents are to treat all staff members of the Community, other residents and structures therein in a cordial manner. Verbal and/or physical abuse will not be tolerated and will be treated as a serious violation of the Rules. Complaints regarding the mistreatment of employees and/or vendors should be presented in writing to the Community Manager.
4. Hazardous Activities
1. Hunting, trapping and discharge of firearms and the use of toy guns and air guns (“bibi guns”) which can inflict damage on persons or property or frighten/annoy other residents etc are expressly prohibited within the Community.
2. No open fires or barbeques shall be lit or permitted within the Community,
3. Activities or conditions which endanger the health and/or safety of others are prohibited.
4. Nothing shall be done or kept in any Unit or on the Common Areas / Property which will increase the Association’s rate of insurance or cause a claim or potential claim disallowed or reduced.
5. Nothing shall be done by any resident anywhere in the property that is likely to affect the operation of any fire safety device or to reduce the level of fire safety in the building.
6. Unit owners agree that they will require their residents to allow their apartment to be inspected [with reasonable notice] at least twice a year by the appointed fire safety maintenance contractor and shall accept to keep all fire safety assets adequately maintained as may be required by the UAE Fire Code. Unit Owners accept to pay through an additional item in the service fees any repair of supply of equipment as may be required by the UAE fire code.
7. In the event that a unit is non-compliant with UAE fire safety regulations the OA Manager is authorized at the expense of the unit owner, subject to 5 days notice, to replace/repair or install such fire safety devices necessary to maintain compliance with the UAE fire code.
8. Unit Owners agree that they will require residents to allow their apartment to be inspected [with reasonable notice] where there is any suspected maintenance issue within the apartment that may be affecting the peaceful enjoyment by other residents.
9. Residents must not throw anything of any nature whatsoever from the windows, balconies or terrace areas of the building
10. Gas canisters are serious risk to the community and are not allowed in any residential unit. Applications for using gas in a retail unit may be made to the Community Manager, through the appropriate application for fit out and unit modifications.
11. Bicycles are not allowed in the entrance lobby, corridors, lifts or stair ways.
5. Dumping and Trash Management
1. Dumping of ashes, trash, rubbish, sawdust, garbage, landfill, rocks, landscape cuttings, solid waste and any type of refuse or other unsightly or offensive materials is expressly prohibited within the Community.
2. Owners and Residents are responsible, at their cost, for the removal of all such material from the Community, other than household waste and garden refuse packed in waste bags specific to this purpose and recovered by the waste removal contractors.
3. All garbage is to be placed inside the trash containers provided with each unit, or properly placed in garbage chutes etc. Garbage must be adequately wrapped before disposal. No resident may place waste bags that do not adequately fit in the garbage chute.
4. Residents who spill garbage or liquid in the common areas must clean it up immediately.
5. Owners and Residents must make separate arrangements, at their own cost, in coordination with the OA Manager, for the disposal of large and/or heavy items.
6. Owners and Residents shall regularly remove all weeds, rubbish, debris, refuse containers, woodpiles, storage boxes, tools and unsightly objects or materials of any kind from their balcony and shall not allow such items to accumulate upon the balcony.
7. All service areas, clothesline areas, sanitary containers or stored materials on any portion of a unit shall be enclosed, fenced or screened appropriately (as approved by the Owners Association) in such a manner that such areas, containers and stored materials will not be visible from any neighboring unit or the street.
8. No incinerator shall be used, kept or maintained on any unit.
6. Littering and Vandalism
1. The act of littering, graffiti or vandalism is expressly prohibited within the Community and the Owner shall be held liable for the cost of cleaning, repair or replacement resulting from any such prohibited activity carried out by Residents of his property. All incidents of serious vandalism will be reported to Dubai Police for their further action.
2. All Owners are to note that the cost of reinstatement of an item or area that has been vandalized shall be directly charged to those individuals found to be causing the vandalism. In the event that the individual(s) causing the vandalism cannot be found, the costs to reinstate shall be included as a cost that will be recovered from the Annual Service Fees.
7. Use Restrictions
1. Unless otherwise stated, properties in the Community are designated as residential units for the use of single-families. As such, only the Owners and Tenants and their direct family members, guests and domestic employees may occupy a residence within the Community.
2. Unless the unit is designated as a commercial unit in the Governing Documents, no business or commercial activity to which the general public is invited shall be conducted within any Unit designated as residential within the Community without written permission from the Owners Association.
3. Retail units are not allowed to be used as a residence, meaning that they should not be used for sleeping overnight.
4. All leases of units within the community shall be registered with the Community Manger by the unit owner, within 2 working days of signature of the lease. For the protection of the Community, the Community Manager, may insist on a signature of the owner either on the lease or on a copy of a power of attorney authorizing the agent. The owner acknowledges that the community manager is entitled to refuse access to any new resident, who in the opinion of the community manager does not hold valid documents signed by the owner. To avoid inconvenience to potential tenants, should the owner provide powers of attorney for letting purposes to an agent a copy, shall be furnished to the Community Manager. The owners acknowledge that the community manager is not liable for any illegitimate renting of their apartment
5. All leases of units within the community shall be accompanied by a signed undertaking of the Lessee that all Community Rules shall be strictly adhered to by the Lessee. However, in all cases, the Landlord or Owner shall be liable to the Owners Association for the actions of their tenants. The owner is responsible to define to the tenant, that the tenant is required to register with the Community Manager, including the completion of moving-in forms, resident forms etc., and is bound by the Community Rules and in the event that the tenant does not comply with the Community Rules, the landlord is entitled to deduct any fine imposed by the Community Manager to from their security deposit or add it to the next year’s rental contract as an additional fee.
6. No partitioning of the Unit for the purposes of letting out individual rooms will be permitted.
7. No resident is entitled to be recognized as a member of the community until they have completed all parts of the move-in and other resident forms. The Community Manager is entitled to prevent access and cancel access cards in order to obtain from any resident the information legally required by authorities and the Community Rules
8. The Owner is responsible for ensuring that all occupants comply with all the requirements of these Rules.
9. No Owner or Resident shall engage in any activity upon the property that is in violation of any law, ordinance, statute, rule or regulation of Dubai or of United Arab Emirates. The Community Manager is authorized to report any suspected violation to the Authorities.
10. An owner must not use its house or the common areas for any illegal or immoral act, nor for any use that may harm the reputation of the development or any owner.
11. An owner must not engage in any activity [except in designated offices/retail units] or event including clearance sales etc. that incurs members of the public to visit the building without specific invitation, without the consent of the Community Manager in writing.
12. Owners shall strictly adhere to the terms of easements and restrictions benefiting or burdening the Unit.
13. Owners shall carry property insurance for the full replacement cost of all insurable improvements and contents in his Unit. Owners agree that in the event of damage to or destruction of structure on or comprising his Unit, the Owner shall promptly proceed to repair or to reconstruct in a manner consistent with the original construction or such other plans as are approved by the Developer or Owners Association. Owners shall pay all costs which are not covered by insurance proceeds. Owners shall provide the Community Manager with information on any insurance they hold for their unit.
14. An owner shall not allow its house to be occupied for short term letting [ie., any period of less than 3 months duration] contrary to any government regulations and shall make all reasonable endeavors to ensure that the Occupier of its house shall comply with such restriction.
15. In the event that the owner obtains any government licence allowing such activity they must produce the evidence and apply to the Community Manager and abide with the regulations on the appropriate application form.
16. No one is allowed to fix/paste/place any item to a wall, door, ceiling, floor, light or any other structure in the common areas. Any such items found will be removed and any remedial work to repair any mark or damage will be charged to the resident/unit owner.
8. Household Staff
1. Household staff, including (but not limited to) housemaids, drivers, cooks, and gardeners must hold a valid residence visa issued by the Dubai Immigration Department.
2. Owners and Tenants are fully responsible if they are found accommodating household staff not directly sponsored by them. Owners and Tenants are liable for criminal prosecution by the appropriate authorities as per the dictates of the law.
3. No contractor allowed to wait/linger around in any common area of the building including the lobby.
4. No nonresident housekeeping staff/contractor allowed to use the facilities meant for the community staff (eg. Dining room, rest rooms etc.)
9. Movement Of Goods
1. An owner or resident must not use any lifts for the transportation of furniture without completing and obtaining the approval of the Community manager on the Lift Booking Form. The resident must comply with all the regulations on the Lift Booking Form.
2. Any Bulky items to be moved into or out of the Building require the completion of the Goods Gate Pass Form.
3. Owners are responsible for the contractors, their behaviour, their vehicle movement on the property, parking arrangements the removal of all waste materials and any damage the contractor causes to the building.
4. Owners need to check the notice periods required and the conditions required for the movement of goods to avoid any restriction on the movement of goods by the contractor. The Community Manager is entitled to refuse access for any contractor not complying with the rules on a completed Lift Booking application form
3. USE OF FACILITIES AND ACCESS REGULATIONS
1. Recreation Areas, (Shared Facilities)
1. The Common Areas and facilities restricted to the general public are for the exclusive use of Owners and Residents, their direct family members and guests. Owners and Residents shall limit the number of guests to four in any one day using the facilities to ensure enjoyment for other Residents is maintained at all times.
2. All persons using the Community’s shared facilities and equipment do so at their own risk and must adhere to the rules and regulations posted in various locations throughout the interior and exterior of the facilities.
3. Motorized or battery powered toys, creating more than 45DBA of noise are not allowed. Users of wheeled toys must not allow them to strike any other member of the community.
4. Failure to comply with the Rules may result in the Owner or Resident being prohibited from using the facilities. Severe violations of the regulations may result in the Owner or Resident being permanently prohibited from using the facilities.
5. All children below the age of fourteen (14) years old must be supervised at all times by a parent or guardian aged eighteen (18) years or older
6. Any damage to property or amenities in the Common Areas will be chargeable to the individual responsible for causing the damage or, if they are a minor, their parent or legal guardian or the Owner of the property in which they are a Resident or guest. Any serious damages that may result in subsequent death or injury of users will be promptly reported to the local law enforcement body.
7. Members are responsible for communicating the community rules to the residents and tenants of their units. Members accept full liability and responsibility and hold the Owners Association harmless for any action of Owners Association properly executed according to the governing documents against any legal action raised by any residents in their units.
8. Members and their guests must wear appropriate clothing in all recreation areas and on balconies, as may be decided upon by the OA Manager. With the exception of the swimming pool area, all residents must wear properly buttoned up shirts [if the shirt has buttons] and a second layer of clothing to cover from waist to thigh. No skimpy swimwear is to be worn including thongs. Removal or loosening of any parts or pieces of swimwear in any manner when in the common areas or balconies is not allowed.
9. Residents must take action to prevent wet swim wear from dripping water in the corridors and lifts.
2. Club House
Owners, Residents and guests must adhere to the rules posted at each sports area in addition to the following Rules while using the Club House of the Community:
1. Skates, skateboards, bicycles, tricycles, and other wheeled toys are not allowed in the swimming pool area or gym.
2. Music systems of any type (unless fitted with headphones) are not permitted within the Club House.
3. Suitable attire must be worn in and around the Club House at all times.
4. Only residents are allowed to use the gym facilities and must prevent their guests from doing so.
5. The Owners Association and/or the OA Manager reserve the right to close any of the facilities for maintenance or for special Community functions, tournaments or events.
6. Members using the gym must treat the facilities with care and leave equipment in the state they found it.
7. Residents must comply with all Gym rules posted in the Gym or on the Community.
8. Users must respect the privacy of women exercising.
9. No food is to be consumed in the gym
3. Swimming Pools
1. Running, jumping or pushing is not allowed anywhere within the pool areas.
2. No diving or acrobatics is permitted by or in the pool.
3. No activities are to be undertaken that would affect the peaceful use of the facilities by other residents including excessive noise.
4. Unaccompanied children [as defined in pool notices] must vacate the swimming pool area.
5. In the interest of hygiene, all persons are required to shower prior to using the pool.
6. All rules and regulations posted at the pools by the Owners Association and/or the OA Manager must be adhered to.
7. All users of the swimming pool and other facilities do so entirely at their own risk
8. The decision of OA Management Staff regarding pool safety and what is disturbing to other Residents is final.
9. The swimming pool is only open for use during the posted times that the Life Guard is on duty. As the Life Guard needs to take bathroom breaks and meal breaks, parents remain responsible for supervising their children in the swimming pool, and agree not to hold the Life Guard or the Owners Association manager responsible for any incident that occurs during such necessary breaks
4. Service Plant, Filtration and Telephone Rooms / Structures
The service plant, filtration, telephone rooms and all such other utilities contained within the Community and buildings are strictly out of bounds to unauthorized persons.
4. VEHICLES & PARKING RESTRICTIONS
All Owners and Residents are required to adhere to the following Rules regarding street traffic and parking. Any violation of the parking policies listed below may result in the immediate towing of the vehicle at the vehicle owner’s expense.
1. Access control
1. All of the Community must complete application forms to obtain access cards and must comply with the rules therein.
2. Only bona fide Owners, Residents and their families, domestic employees and guests are allowed into the residential part of the Community. Delivery personnel and taxi and school bus drivers are also allowed into the Community for the express purpose of delivering to or dropping off or picking up Residents.
3. Service providers, building contractors and handymen are permitted to enter into the community only with approved entry permits and documents issued by the OA Manager.
4. Residential, retail and business residents may use the access cards only for their own use and for their own vehicles. All guests and visitors should report to security. Residents must not allow their access cards to be used by others to enter controlled parking areas.
5. Residents and Visitors must comply with the directions for parking provided by the security.
2. Parking
1. Residents must use their allocated parking as the primary location for parking their vehicles. These shall not be used for storage of any goods and/or materials therein, nor use any portion of the car port for a workshop or other use if such storage or use would prevent the homeowner from parking the required number of vehicles that the car port was intended. Any items stored in parking spaces may be removed by the OA Manager with or without notice at the resident’s expense.
2. Residents are required to complete a registration form for all vehicles to be used within parking areas restricted by access control to residents.
3. Residents must park their vehicles within the lines of the parking bays provided without any over-lap and allow neighboring vehicles adequate space for entry and exit of the driver.
4. Parking on the pavements or landscaped area is strictly prohibited. Violating vehicles may be fined or towed away without notice, at the vehicle owner’s expense.
5. No overnight parking of any unauthorized motor vehicle – as defined by Dubai Police as fit for use on the public roads – shall be allowed on any part of the Community, unless approved in advance by the OA Manager.
6. Oversized vehicles may not be parked within the community with the exception of delivery and removal vehicles while performing services for Residents. An oversized vehicle is deemed to be any vehicle that does not fit into a residential unit’s allocated parking.
7. Fines for restricting free movement of other vehicles or parking outside any of these rules may be made on the spot and do not require any hearing or defense by the offender, as may be provider for elsewhere.
8. No dune buggy, water craft, water craft trailer, truck, recreational vehicle, mobile home, motor home, van or camper shell which is detached from a vehicle shall be parked within the Community Common Areas, unless for a temporary period and upon express approval from the OA Manager.
9. No inoperative vehicles may be parked in the Community.
10. No motor vehicle or trailer of any type shall be constructed, reconstructed or repaired in the Community in such a manner as to be visible from a neighboring property.
11. Owners and Residents are responsible to see that their guests and families and employees obey these parking Rules and whatever rules are posted in the car parks.
12. Vehicles are not to be parked in a handicapped parking space without a handicap placard or similar authorization.
13. Vehicles are not to be parked in a manner which interferes with any entrance to or exit from either the Community or any allocated parking.
14. Residents must obey all direction and access signs posted by the OA Manager or authorities.
15. No dismantled or wrecked vehicle or equipment shall be parked, stored or deposited within the Community.
16. No trailer, truck, boat or recreational vehicle shall be used as a living area within the Community.
17. Owners and residents authorize the management to remove any vehicle that remains on the premises in excess of 3 months without being moved upon posting a notice on the front windscreen, giving 15 days’ notice to move. Owners agree that such vehicles shall be considered abandoned and may be towed off the premises and no claim of loss or damage shall be made against the OA management.
18. Vehicles that appear abandoned will be reported to the police for removal 30 days following the issuance of a warning notice posted on the vehicle.
19. Violations to parking rules will be reported to the Local Authorities, at the discretion of the OA Manager.
20. Residents are required to move themselves or their vehicles immediately; they are requested to do so, if they are blocking the free movement of other vehicles or pedestrians. Failure to respond immediately may incur an immediate fine in addition to calling the police.
21. The act of washing cars that leaves any residue on the car park surface is not allowed. Members of the community must seek approval for external Contractors to wash their cars. Approval will be given to those contractors who demonstrate the ability to meet the conditions for car cleaning as well as certain security conditions. Contractors without approval will be denied access to the car park.
22. In case of an oil spill from a damaged vehicle, the OA Manager will contract the cleaning/repair of the parking lot and charge the owner on service fees.
3. Road Usage and Road Safety
1. No motorized vehicle of any kind may be operated in any manner which is dangerous, noisy or which creates a nuisance. Any violation of the speed limit or driving considered to be dangerous by the Management shall be deemed to be a serious violation of the Rules and shall be dealt with accordingly
2. The operation of dirt bikes, trail bikes, sand buggies, off-road vehicles, and non-licensed motorized vehicles is not permitted anywhere in the Community.
3. The operation of vehicles by under-age or unlicensed drivers is not permitted and the resident may incur a fine and/or referral to the authorities
4. Vehicles that drip fluids or that damage the streets are to be removed or repaired. The Owner will be responsible for the clean-up and/or repair or the reimbursement to the Owners Association for the cleanup and/or repair. This includes cleanup of oil etc in their parking bay
5. No motorized vehicle of any kind may be operated in any manner which is dangerous, noisy or which creates a nuisance. Any violation of the speed limit or driving considered to be dangerous by the Management shall be deemed to be a serious violation of the Rules and shall be dealt with accordingly
6. Car stickers and/or access cards provided at the time of handover of property may only be used by Owners and their Tenants and promptly returned once the Owner or Tenant transfers/ vacates the property
7. Pedestrians always have the right-of-way on walkways and footpaths.
8. No parts of the roadways, walkways and footpaths shall be used for the storage of personal items or material. The OA Manager is entitled to arrange for the immediate removal, disposal and clean-up of any such materials at the expense of the resident. In addition the resident may also face a fine. No dumping of any materials may be made anywhere within the community other than household waste in the designated garbage bins
9. Residents are required to drive in a responsible way and avoid endangering children playing in the streets and other pedestrians. Members accept the jurisdiction of the OA to fine drivers for exceeding posted speed limits, as may be assessed by Community management.
10. Major repairs shall not be conducted to any vehicle of any kind in car parking spaces or in Common Areas except for emergency minor repairs to the extent necessary to enable the vehicle to be moved to a proper repair facility.
11. Changing vehicle oil or other automotive fluid is prohibited in the Common Areas or any parking bay, or road adjacent to the community.
12. To protect the security of unit owners, access to removal vehicles of any sort will be restricted without the approval of the OA Manager. There will be no liability for authorizing access by the OA Manager
4. Emergency or Temporary Maintenance and Construction Vehicles
1. The provisions of these rules shall not prevent any reasonable emergency vehicle repairs or operation of any emergency vehicle, ambulance, etc., within the Community.
2. The provisions of these rules shall also not prevent the reasonable operation or temporary use of construction trailers, vans, or other trucks, machinery/equipment, construction shelters or facilities maintained during and used exclusively in connection with the construction of any improvement approved in writing by the Management.
5. MAINTENANCE AND AESTHETICS
1. Balconies
1. It is the duty of each Owner, at his/her sole expense, to keep all landscaping, neatly trimmed, properly cultivated and maintained, and to keep his/her Unit free of debris and maintained in such a manner as to enhance its appearance. This responsibility applies until the date upon which the Owner sells the property and such sale is registered and title deed transferred to the new Owner.
2. The OA Manager at its sole discretion shall determine an acceptable condition of maintenance. The Owners Association may give a unit owner 30 days’ notice to bring the condition of maintenance up to a reasonable condition.
3. Discharge of wastewater or dumping rubbish in common areas is prohibited. The Community manager may arrange for an immediate clean-up of any such waste at the unit owner’s expense.
2. Pest Control
1. Each Unit should be routinely controlled for pests prior to the occupancy of the property by the Resident.
2. Owners and Residents will be responsible, at their own expense, for any further pest control required within the boundaries (internal and external) of their own property. The OA Manager may issue a notice to the unit owner to arrange for pest control. Failure to adequately organize pest control within 30 days, will entitle the Community Manager to organize pest control at the unit owner’s expense.
3. The Owners Association will be responsible, on an on-going basis, for pest control of all the Common Areas of the Community.
3. Internal Maintenance
1. Residents and unit owners agree to be responsible for any damage caused by water draining from their apartment, or pipes exclusively used by their apartment. Residents/owners will be given 7 days to obtain and approve a quote for the repair of any leaking water from their unit. Failure to make the necessary repairs within this time, means the resident/owner authorizes the Owners Association to arrange repairs on behalf of the owner/resident and charge the cost to their account. The owner/resident agrees that should repairs be organized by the Owners Association, the owner/resident will be responsible for the quality of the work performed and no liability will attach to the Owners Association or the OA Manager.
2. Essential repairs to fire-fighting equipment like smoke/heat detectors/sprinklers inside units must be repaired at the owner’s expense immediately. Failure to do so within 7 days exposes the residents to unreasonable risk and may make the building liable to Dubai Civil Defense and void the insurance cover. After 7 days’ notice to an owner, the Owners Association Manager is authorized to make the necessary repairs/replacement of parts and charge to the respective owner.
3. Unit Owners shall ensure that adequate soundproofing of flooring materials shall be made to prevent excessive noise penetration to the units below.
6. UNIT APPEARANCE
1. Windows
1. Windows are not to be covered by paper, paint, tinfoil, sheets, or similar items.
2. Window screens must be maintained in good condition. Damaged screens are to be repaired or replaced by the Resident.
3. The installation of replacement windows, or safety screens at the windows or balconies must be of a translucent material and requires the approval of the Owners Association prior to installation, of the contractor, scope of work, materials and method statement.
2. Exterior Attachments
1. No Outside television, radio, satellite or similar types of antennae or any other exterior attachment in the Common Areas and including balconies are allowed. Dubai South does not allow or give authorization in installing antennas & external satellite dish in the building. All resident are required to connect TV channels through Etisalat or Du service provider only.
2. Nothing may be attached to the exterior of the building without the approval of the Owners Association. Such items may include awnings pergolas, shade cloth, shade or protective sheeting, etc. Permission, while not guaranteed, will only be granted for material of the same wooden material or paint shade as the exterior of the property.
3. Laundry
Hanging of Laundry outside on clothes lines, balconies, or other apparatus visible to other Residents from the street or the ground level of a neighboring unit or the external common area is not permitted. Screens approved by the OA Manager may be erected.
4. Doors/Door Frames
1. All doors and door frames for units must be well maintained by the unit owner. These should retain the original finish and door furniture. For the sake of clarification, the door frame shall include all the wooden surround associated with the entrance to their unit, whether it is in the common area or not. Residents/owners may be requested to repair or renovate the condition of their doors. Failure to do so within 30 days, will entitle the owners association to make necessary repairs/renovations at the cost of the resident/owner.
2. Such repairs indicated in the previous paragraph 6.4.1 shall include damages caused by unknown parties.
3. Any changes to the door furniture specifications should be approved by the OA Manager before installation. However, the owner may change the lock as long as there is no change to the appearance. A tenant requires Owner approval for any modification.
4. Nothing should be placed in/on/around the unit entrance door other than the original finish to the door.
5. Lighting
1. Lighting shall be concealed such that no direct light should be visible from the common areas or from the street. No internal or exterior lighting shall interfere with the external appearance of the building.
6. Holiday/Celebration Decorative Lighting
1. Temporary holiday or festival lighting is permitted in individual Households during Eid and other festive and national holidays.
2. Flashing decorative lights, or lighting that creates glare visible from outside the property is not permitted. White colour string lights are preferred. Clarification on the appropriateness of decorative lighting will be determined by the Community Manager.
3. Permitted decorative lighting for holidays and celebrations may be installed and illuminated ten (10) days before the holiday or celebration and must be removed not later than ten (10) days after the holiday or celebration. This permission is restricted to a minimum of one period per month and three periods per year.
4. Lighting decorations causing complaints from neighboring residents must be turned off or removed upon request.
7. Signage
1. No sign or advertising device of any character may be erected, maintained or displayed upon any portion of the Common Areas or in Common Areas in front of private property unless and until the same has been approved by the Owners Association and should be of standard approved size and of professional quality.
2. No signs, including banners and flags are to be placed on balconies, roofs and windows. UAE National Flags may be displayed for 2 weeks before and after National day or Flag day
3. Any sign that does not adhere to the above standards will be removed from the site at the Resident’s or Owner’s expense in addition to the issuance of Notice of Violation.
8. Balconies
1. Balconies and patios may only be used for storage of well-maintained clean sturdy patio/balcony furniture and plants. All other items must be immediately removed. Any item on balconies must be adequately secured to prevent displacement by wind
2. Rugs, drapes, towels or other articles shall not be draped or hung on balcony railings, patio walls, from windows, or from clothes lines which are visible above the walls/barriers, unless properly screened with screens approved by the OA Manager.
3. No items on the balcony may extend higher than the balcony wall, including personal items, except the following: hanging or potted plants, patio tables, umbrellas, wind chimes. All of these must be kept in good condition and be aesthetically agreeable. Any resulting damage to the exterior of the residence caused by the installation of hooks or attachments for the purpose of hanging decorative items will be the responsibility of the Unit.
4. The storage of any combustible items such as charcoal lighter or other flammable items on the patios, balconies, or hot water heater closets is strictly prohibited.
5. No pots or other items shall be placed on top of any wall or railing and each Owner/Resident shall take reasonable steps to capture water from potted plants placed on a balcony.
6. No Owners or Resident shall make any improvements to a balcony, entry or patio or similar area unless and until the plans are approved in advance by the Owners Association.
7. The unit owner is responsible for prevention of water from dripping, seeping or flowing from their unit’s balcony, guttering or piping onto other units or common areas.
8. In most cases, windows and balcony façade forming a boundary to any unit is the responsibility of the unit owner. Unit owners and their tenants are responsible for immediately securing damaged windows, other damaged structures or other items on their balconies to avoid any danger to pedestrians or vehicles below. Failure to properly make these items safe within 7 days or immediately if deemed an extreme risk will entitle the OA manager to take reasonable action, which in the opinion of the OA manager is required to protect the community. Any costs of such action shall be at the unit owner’s expense, and the unit owner shall have no claim against the OA manager for performing such action
9. Unit owners are legally liable for damage or injury occurring to other residents, visitors, contractors or assets belonging to other unit owners, the Owners Association or other third parties as a result of accidents, incidents or events arising or originating from the owners’ unit. Unit Owners are strongly advised to take adequate preventive action and to take out adequate insurance to cover for this liability. Nothing may be thrown off the balcony including cigarette buts.
9. Home Improvement
1. Except for the purposes of proper maintenance and repair, and except as otherwise permitted, no Resident shall build, construct, erect, install or undertake any alteration or improvement without first submitting appropriate plans and specifications to the Community Management and for approval. Residents must abide with the conditions of any such approval.
2. Unit owners are responsible for non-compliance with regulations of authorities or any damage to common elements or common areas or other units, caused directly or indirectly by their contractors, regardless of any approval from the Owners Association. The OA Manager will immediately arrange for repair or renovation of any such consequential damage caused to common areas/common elements, at the expense of the unit owner whose contractor or residents were responsible for such damage.
3. In the event that external repairs or reconstruction are not completed within 3 months the Community Manager may order such repairs/reconstruction and charge the cost to the unit owner. The Community Manager may advise the unit owner of the estimated cost in advance and give owner 14 days to start work and maintain adequate progress. If such work is not maintained in the opinion of the Community Manager, it may take action to complete the work.
7. ASSESSMENTS
1. Purpose of Assessments
1. The assessments for Common Expenses provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of the Development, and maintaining the Development and improvements therein, all as may be more specifically authorized from time to time by the Board of Directors and the General Assembly
2. Computation of Assessments
1. The computation of assessments shall be defined by the share of the unit entitlement of the total of the entitlements for the development in the Jointly Owned Property Declaration and Building Management statement, with relation to the total budget for the OA
2. The computation for the assessment will be sent to the registered email address of all members or postal address as appropriate.
3. Any errors in the computation of the assessment should be addressed to the OA Manager. Regardless of any computation error members are obliged to pay the assessment by the due date, pending review of assessment. Any under/overpayment will be adjusted in the next installment.
3. Service Fee Collections
1. A strict system of service fee collections from unit owners must be enforced to ensure the OA maintains adequate cash flow to pay its commitments on time and to ensure that the burden is spread fairly across all OA members according to the registered unit entitlements.
2. Regulations for Payment of service fees shall be consistent with the regulations defined by law.
3. OA members shall be given the opportunity to pay service fees in advance to assist the cash flow and minimize the cost of collections to the OA and to avoid penalties.
4. The OA will send notice to the registered address [email or postal addresses as may be agreed] of each member of the OA for the schedule of payment of service fees for the coming year. It is the responsibility of each OA member to make adequate payment of service fees net of bank charges, by the due dates regardless of receiving a notice of payment, or any reminders. Only the net amount received by the OA after bank charges will be credited to the owners account
5. Each OA member should immediately contact the OA manager to find out due payments in the event they do not receive a payment request before the beginning of the Financial year.
6. If paying by bank transfer OA members should ensure that their payments are sufficient, to ensure all bank charges are covered. Any surplus will be credited to the OA member’s account.
7. It is the responsibility of the OA member to ensure that the Bank transfer is made correctly by their bank
8. OA members must provide sufficient details with their payment to enable the OA manager to easily identify the unit to which the payment applies. OA members should advise the OA manager of details of payments made by bank transfer.
4. Delays in payment of service fees
1. Payments of services that are received in the nominated OA bank Account more than 15 days from the date the payment is due may incur penalty interest up to the maximum amount allowable by regulations, calculated on a daily basis pro rata.
2. After 30 days the service fees are due the OA manager may send out reminders by email, to all members with service fees outstanding which may incur an administrative charge as determined by the Owners Association.
3. After subsequent periods that the service fees remain due, the Community Manager may take further steps, including notices by courier, recruitment of a debt collection agency and legal action. All the costs and an appropriate administrative charge may be debited to the account of the unit owner.
4. In the event that a member advises the Community manager in writing that a payment has been made, any penalty, charge or action relating to payment of service fees defined in this document may be suspended for 30 calendar days, pending confirmation from the bank that payment has been received. In the event that payment is not received within this suspension period, all suspended penalties, charges and actions during the suspension period, may become immediately reinstated.
5. For each bounced cheque, the unit owner shall be charged the full bank charges, incurred, penalty interest as defined above and an additional administration charge, as determined by the Community Manager.
6. All fines and charges will be added to the account of the unit owner and are payable when the following service fee payment is due.
0
7. In the event that any unit owner has good reason to delay payment, the member may present his case to the Community Manager for approval. Reasons for a delay in payment will only be considered for serious and sudden financial hardship, due to recent job loss or other major disruption to the unit owner’s financial health. The Community Manager may accept an alternative payment schedule in such circumstances, but the payment schedule must at least incorporate a reasonable proportion of disposable income of the OA member and the account should not exceed 6 months in arears, nor should the OA incur any financial penalty for allowing an alternative payment schedule
8. The Community Manager may review outstanding accounts of members and their responses if any, and decide when legal action should be taken to recover overdue service fees. Normally legal action should commence once service fees remain overdue for more than 12 months.
9. The Community Manager is obliged to seek whatever legal remedy is at their disposal to recover overdue service fees as quickly as possible.
10. In the event of legal action to collect service fees, the errant unit owner with overdue service fees, will be charged all expenses incurred by the OA plus an additional administrative charge for each legal correspondence issued and an additional charge for each and every court action taken to cover administration of legal action by the OA.
11. All fines and charges are due on the next service charge due date.
12. An appeal against the imposition of any fine/charge may be made to the Community Manager, who shall vote on whether the appeal to cancel the fine/charge is accepted.
13. In addition to the fines and charges indicated above, the following additional penalties owners agree may be enforced;
1. For outstanding service fees of more than 30 days members may not have the right to vote at any OA General Assembly meeting or Board Meeting
2. For outstanding service fees of more than 60 days access cards to parking and other facilities may be restricted, and no guests of residents of units will be admitted to the building unless accompanied by the resident.
14. Any service fees which are more than 180 days overdue, the Community Manager is entitled to handover to a debt collection agency to collect. The unit owner responsible will be responsible for the debt collection agencies fees of up to 20% of the total outstanding which will be charged to the overdue account.
5. Operation of the OA Bank Account
1. The Owner Association is authorized to open and operate a bank account(s), as may be required, for the operation of the Financial affairs of the OA. The Board must clearly define the purpose for the operation of the Account. The final selection of the bank account will be voted upon at the next General Assembly, who will vote upon the continued selection of bank like any other supplier.
8. ENFORCEMENT OF COMMUNITY RULES
1. Owners Agree to be bound by the regulations for enforcement of the community rules as defined in the Law 27 of 2007, and subsequent RERA regulations/laws relating to jointly owned property as may be passed by the federal government, Dubai Land Department, or other UAE government body.
2. Each Owner shall comply strictly with the Governing documents of the Association, or as may be lawfully amended from time to time.
3. Failure to comply with any of the same shall be grounds for imposing fines, for suspending voting rights or rights of use in and to the Common Areas, or for instituting an action to recover sums due, for damages, by the Board of Directors on behalf of the Association, or, in a property case, by an aggrieved Owner.
4. Should the Association employ legal counsel to enforce any regulation contained in the Governing Documents, all costs incurred in such enforcement, including court costs and reasonable attorneys' fees, shall be paid by the violating Owner.
5. In as much as the Rules and Regulations of the Association are essential for the well-being of the community and for the protection of present and future Owners, it is hereby declared that if any breach of rules and regulations may not adequately be compensated by recovery of damages, and that the Association, or any aggrieved Owner, in addition to all other remedies, may require and shall be entitled to further legal remedies as may be required to restrain any further violation or breach or any threatened violation or breach.
6. No delay, failure, or omission on the part of the Association, or any aggrieved Owner in exercising any right, power, or remedy provided shall be construed as an acceptance of breach of rules, shall be deemed a waiver of the right to enforce such right, power, or remedy thereafter as to the same violation or breach, or as to a violation or breach occurring prior or subsequent to other breaches, and shall not bar or affect its enforcement.
7. No right of action shall accrue nor shall any action be brought or maintained by anyone whatsoever against the Association for or on account of any failure to bring any action on account of any violation or breach, or threatened violation or breach, by any person of the provisions of the Governing documents, however long continued.
8. A breach of any community rule contained in the Governing Documents, will incur an enforcement notice to be issued to the resident and/or unit owner. Depending on the severity and previous history of the offence or other offences, the enforcement notice may incur immediate or suspended sanction or warning of sanctions according to the list of current sanctions, or as decided by the Community Management up to the maximum allowable penalty proscribed under the law.
1. PROCEDURE FOR ENFORECEMENT OF COMMUNITY RULES.
1. Except with respect to the failure to pay assessments or charges, certain parking/waiting fines or as otherwise specifically authorized the Community Manager shall not impose a fine, suspend voting rights, or infringe upon or suspend any other rights of an Owner or other occupant of the Development for violations of the Rules and Regulations within the Governing Documents, unless and until the following procedure is followed:
2. Written demand to cease and desist from an alleged violation shall be served upon the Owner or resident responsible for such violation specifying:
(i) The alleged violation;
(ii) The action required to correct the violation; and
(iii) An appropriate time period during which the violation may be corrected without further sanction, if such violation is a continuing one, or if the violation is not a continuing one, a statement that any further violation of the same provision of the Rules in the Governing Documents may result in the imposition of sanctions after notice and hearing.
3. if the violation continues past the period allowed in the demand for correction without penalty, or if the same violation subsequently occurs, the Community Manager may serve such Owner with written notice of a penalty as may or may not be defined within the schedule of penalties. The penalty notice shall contain;
(i) The nature of the alleged violation;
(ii) The opportunity to request an appeal to the Community Manager, if done so to be requested in writing to the Community Manager within 21 days from the date of the penalty notice and such appeal to be set within 14 days from the date of the appeal request.
(iii) An explanation that the appeal offers the opportunity to produce any statement, evidence, and witnesses; and
(iv) The proposed sanction to be imposed.
4. If during the notice period the unit owner continues to cause a violation and/or in the opinion of the Owners Association manager the unit owner makes no attempt to prevent further recurrence of the violation, further notices may be issued according to the procedure described
5. Upon completion of the hearing and the penalty decided, the penalty shall become payable with the next installment of the service fees or the expiry of the tenancy contract (if a tenant), whichever is the sooner,
6. Upon the expiry of the time allowed for an appeal, there will be no right of appeal and the penalty decided by the Community Manager shall stand
7. Any hearing shall be held with the Community Manager and any Board members wishing to attend and shall allow the alleged violator a reasonable opportunity to be heard. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction imposed, if any. If the alleged violator fails to appear within 15 minutes of the scheduled time, and fails to provide any written evidence in advance, the Community Manager will be authorized to assume no evidence is offered by the alleged violator and will reach a decision in consultation with the Board, based on the other evidence available
8. Owners agree to accept the regulation, previously defined by RERA that unpaid fines by tenants will be imposed on the owner, who should take action from their security deposit. The OA Manager agrees to communicate all actions regarding fines to the unit owner and assist in putting pressure on a tenant to pay.
9. Property Rights
1. Each unit within the development shall constitute real property which, subject to the provisions of Governing Documents, may be conveyed, sold and transferred, the same as any other real property. Each Owner shall be entitled to the exclusive ownership and possession of his unit, subject to the provisions of the Governing Documents. Each Owner shall automatically become a member of the Association and shall remain a member thereof until such time as his ownership ceases for any reason, at which time his membership in the Association shall automatically pass to the successor-in-title to his unit.
2. Members of the Owners Association accept and agree that a condition for the sale and transfer of their unit to a new owner, requires that all service fees for the current period and all fines and other charges due to the Owners Association, by the seller, must be paid in full in advance of the sale. Until such payment in full, the Owners Association may not recognize the sale, and are entitled to prevent access to the community, including the sold unit, of anyone not registered as a member of the Owners Association.
3. Members of the Owners Association accept full responsibility and liability for any claims made against the Owners Association by tenants, guests or other visitors to their unit, as a result of any action undertaken by officers or employees of the Owners Association that are consistent with the governing documents and the law.
4. Members accept the regulations and conditions within the Governing Documents and accept no recourse to law in the event that the Owners Association its employees and contractors, is operating according to such regulations.
5. In the event that there is a conflict between clauses in any, or between any, of the Governing Documents, the stricter regulations may be applied wherever the law allows.
10. Members Obligations
1. Each member shall permit the Community Manager, at all reasonable times and on reasonable notice (except in cases of emergency) to enter into their Unit for the purpose of inspecting, maintaining and repairing the Commonhold Property.
2. In the event of an emergency situation, where in the opinion of the Community manager there is a risk of material damage to any unit or common area, the Community manager has the right to break in to a Unit, and shall not be held liable for any damage caused.
3. Each unit owner shall notify the Association immediately, whenever the Unit is leased to a third party, or allow others to occupy the unit, or whenever there is a change of ownership or beneficial interest with respect to their Unit.
4. Each unit owner shall require any new resident of the unit to complete all the moving-in forms and resident forms, prior to moving-in, without which the OA manager is under no obligations to permit the security to allow access to the property
5. Each member shall accept responsibility to advise the OA in writing of full up to date contact details on the appropriate official OA registration form, including email, full postal address, mobile and telephone. Each member agrees that correspondence sent to the latest registered address or contact details given [if any] will be deemed to have been received, regardless of whether the member’s contact details have changed
6. Each Member shall ensure that all occupants of their unit comply with the rules and regulations. The unit owner shall remain liable for the actions of the occupants of their unit as well as any fines or charges incurred. It is advisable that unit owners who lease their units include a statement in their tenancy agreement, as follows; “The tenant and signatory to this tenancy agreement is bound by the Community Rules of the Owners Association, as far as they apply to residents of Mag 5 Boulevard.
7. Terms not defined in this document shall take the normal meaning or as may be defined in other governing documents.
8. Each new Purchaser of a unit becomes a member of this Association and immediately is deemed to accept and be bound by the regulations defined by the governing documents or as may be amended.
9. Sellers of units are required to obtain a “No Objection Certificate”, NOC from the OA to transfer the unit to the purchaser. The NOC will only be supplied, if the payment of all service fees, fines and other charges due to the OA are fully paid and up to date. The NOC will be issued by the OA to the unit owner requesting the NOC, within reasonable time of the request or the clearing of any funds in the OA bank account whichever is the later.
10. Members accept that the OA is under no obligation to recognize the new purchaser without the NOC being supplied. The seller of the unit takes full legal responsibility for any legal action taken by the purchaser as a consequence of any action taken by the OA to limit access to any persons to the development or the facilities of the OA who is not recognized as a legal member of the OA.
11. Recognition of a new member of the OA will only be made once the NOC has been issued to the seller and the OA Membership registration documents of the purchaser have been completed and delivered to the OA.
12. Members must inform a purchaser in advance of any sale, and include a condition in any sale document that the act of purchasing a unit in the community implies acceptance of the rules and regulations in the governing documents and an acceptance that any outstanding service fees, fines or charges registered to the unit shall be transferred to the new owner for immediate payment
13. Each member shall at all times comply with the laws, decrees, rules and regulations of the governing documents, Emirate of Dubai and the United Arab Emirates, from time to time enforce, that relate to the Project or their Unit and procure that all occupants of Unit also comply.
14. Each member shall comply with all notices and instructions from the Manager with respect to the use and occupation of the Unit and the Project.
15. Each member is required to complete the OA registration form and ensure that email correspondence from the Board or OA Manager is not interfered with by their own, their company’s or their service providers spam blocker or other IT fire wall.
16. Members and Residents may be issued a Notice of Violation by the Owners Association or by its OA Manager for any violation to the above Rules. A Violation Penalty may be levied on the offending party.
Liability of Individual Board Members.
17. The RERA regulations indicate that Board Members [who work on a voluntary basis, without pay] who perform their duties in good faith to the best of their abilities, will not have liability for any actions they may take. The Annual General Assembly is therefore requested to accept the following amendment to the Community Rules.
18. The Owners Association recognizes the selfless work performed on a voluntary unpaid basis by the elected Board of Directors. The Owners Association will hold harmless Board members from any liability for damages from any owner, as long as they act consistent with the Code of Conduct issued by RERA and signed and accepted by the Board Member
11. Fines
1. The regulations for Enforcement of fines and charges are set out above and the RERA regulations. Fines and charges shall be uniformly applied. The following are guidelines for the setting of fines. However the level of the fine is at the discretion of the Community Manager, within the limits defined in the Governing Documents.
2. Nothing contained in the Governing documents shall indicate that the rules contained therein provide for adequate legal remedy. The issue of a fine or charge will not prevent the Owners Association or any of its members from pursuing any separate legal action through the courts.
1. All new tenants must sign the standard Tenant registration form which shall include the contact details of the tenant. Failure to complete the form within 30 days will lead to deactivation of the access card by the OA Manager
RERA determined that consistent with regulations consequent to Law 27 of 2007, OAs may impose fines up to AED2000 per offence once approved by an Annual General Assembly. The purpose of fines is to act as deterrent and encourage compliance with the community rules. Low levels of fines are considered sufficient to encourage cooperation. Owners should note that they are liable for unpaid fines of their tenants and are advised to write in their tenancy contracts that tenants agree to abide by the community rules of Torch Tower and accept liability for any fines that may be imposed by the Owners Association.
|Type of Violation/Incident |Remedial Period |Penalty for | |Penalty for |Penalty for |
| | |First Offence| |second |third offence|
| | | | |offence | |
| |Violation of car park rules |
|Entering parking without valid access * |Immediate |200 | |500 |1000 |
|Illegal/Unauthorised parking* |Immediate |200 | |500 |1000 |
|Tailgating/Speeding/Dangerous driving* |Immediate |200 | |500 |1000 |
| |Damage/Misuse of common areas or building facilities |
|Littering |Immediate |200 | |500 |1000 |
|Smoking in the building*** |Immediate |200 | |500 |1000 |
|Damage to building/property/structure/assets** |Immediate |200 | |500 |1000 |
| |Contractors |
|Non compliance with work permit |Immediate |200 | |500 |1000 |
|Misconduct of Contractors |Immediate |200 | |500 |1000 |
|Damage/Misuse of common areas** |Immediate |200 | |500 |1000 |
| |Poor Maintenance/Unit Appearance |
|Un-authorised exterior changes |Immediate |200 | |200 |500 |
|Un-authorised signage/displays |5 days |500 | |1000 |2000 |
|Poor Maintenance/Pest Control |5 days |500 | |1000 |2000 |
|Lack of response to maintenance issues affecting |Immediate |500 | |1000 |2000 |
|other units | | | | | |
|Non-Maintenance of the fire detection devices inside|Immediate |500 | |1000 |2000 |
|the units, in compliance with the UAE fire & life | | | | | |
|safety code of practice*** | | | | | |
| |General Violations |
|Dumping & Improper Garbage Disposal |Immediate |200 | |200 |500 |
|Vandalism/Graffiti*** |Immediate |200 | |500 |1000 |
|Abuse of Building Employees*** |Immediate |N/A | |N/A |1000 |
|Excessive & Repeated Noise*** Violations |Immediate |NlA | |500 |1000 |
|Hazardous/Dangerous activities*** (BBQ's on |Immediate |500 | |1000 |2000 |
|Balconies) | | | | | |
N.B: SERIOUS VIOLATIONS:
* Repeating Parking Offences may cause loss / limitation of parking privileges
** Offenders will be issued fines and asked to pay additionally for cost of repairs / replacement
*** Offenders will be reported to the local authorities and or Dubai Police
12. Additional Retail Rules
1. Retail units must comply with all the Community Rules as they apply to whatever day to day activities they are engaged in within the community.
2. Any business intending to operate from a retail unit must present to the Community Manager a copy of the Dubai Economic Department Trade Licence that they intend to operate from the unit. The business shall operate in the name indicated on the Trade Licence and strictly in accordance to the business activity stated on the licence.
3. As the Mag 5 Boulevard contains a residential community, and in the interests of security for all units, no business is allowed to operate outside of timings 7am to 11pm Saturday to Thursday. Applications for approval to operate outside of these hours needs to be submitted to the Community manager for approval. Consideration will be given to the impact on security and on other members of the community
4. Before the business is allowed to operate from the retail unit, the Business shall complete the Commercial move-in form and if applicable the Fit-out application form. The Business will fully comply with all the conditions of the fit-out application form and the Commercial move-in form. All contractors are required to complete a work-permit form, which depending on the scope of work may need to be completed 48 hours in advance to obtain approval. No Owner is allowed to occupy their unit until the fit-out has been approved by the Community Manager, and move-in procedures have been finalised.
5. The owner agrees to communicate to any prospective tenants the obligations of the fit-out procedure and that the Owners Association will not be responsible for delays in approval to move-in due to incomplete settlement of fit-out procedures.
6. Any materials left in common areas whether temporarily may be moved by the Community Manager, at the owner/tenant’s expense.
7. The owners association may determine that the business activities to be conducted from the business unit may be restricted to certain business hours in order not to interfere with the peaceful enjoyment of the facilities by other members of the community.
8. An owner of the retail unit must ensure that the unit is not used for residential purposes and must not allow any person to reside in or sleep over night in its unit at any time.
9. The unit owner agrees that in the event that they rent out the retail unit, as a condition of the tenancy, they will require the tenant to fully comply with all Dubai South regulations and the UAE fire code, and that all fire safety equipment will be inspected and maintained to the appropriate NFPA standard. The community manager is entitled to demand certificates of compliance, including copies of approved designs, annual maintenance contracts, inspection and testing records. A failure to produce adequate fire safety or Health and Safety documents after being given warning to do so, is a serious offence to the well-being of the community and entitles the Community Manager to withdraw all services and benefits to the unit. Notwithstanding this the Community Manager is not liable for any failure to oversee and enforce the fire safety routines which remains the responsibility of the unit owner
10. Where a business operation has activities that have additional legal requirements for fire safety to operate their business, as a condition of operating within the Business unit the resident
a. must provide the community manager with a plan for compliance with the UAE Fire code with respect to the provision of any additional fire safety systems and fire safety systems maintenance contract specifications.
b. Will pay for any additional costs required to integrate fire safety systems with the unit to the building fire safety systems
c. shall provide the Community Manager with a valid annual fire safety inspection and testing contract with a Dubai Civil Defence approved contractor that ensures the business continues to comply with the UAE fire code.
d. Shall be responsible for the adequate inspection and testing of the fire safety equipment in their unit consistent with NFPA standards and promptly replace all assets inspected and tested by their contractor and found to be non-compliant with UAE Fire Code.
e. Shall allow any 3rd party fire inspection appointed by the Community Manager to inspect any and all parts of the business unit for compliance with regulations. The unit owner agrees that they will require the resident to fully implement the recommendations of the 3rd party inspection to comply fully with UAE fire code, and where the resident fails to comply within 30 days’ notice, the unit owner authorizes the Community manager to pay to remedy any non-compliance and charge the service fee account of the unit owner.
f. Shall provide to the Community Manager upon request the records for inspection and testing of fire safety equipment, and in the event that any equipment has not been inspected and tested consistent with NFPA standards, will immediately comply with an request of the Community Manager to arrange for inspection and testing by a DCD approved contractor and any remedial action identified is made without delay.
g. Agrees to pay to the contractor or the Community Manager immediately when the Community Manager identifies non-compliant fire safety equipment and fails to remedy the non-compliance immediately,
h. Holds the Community Manager not to be liable for any failure to inspect or replace any fire safety equipment in the unit
i. Agrees to communicate to all employees, their responsibilities for maintaining the health and safety, and in particular fire safety, as well as the Emergency Evacuation plan.
j. Agrees to send appropriate staff on fire training as is prudent or may be required to be compliant with Dubai South regulations, the Master Developer regulations or DCD regulations/UAE fire code.
11. Where a business operation has activities that require additional legal requirements according to Dubai Municipality regulations, then the business resident agrees to provide and implement a plan how they will comply with the regulations.
12. Every owner who intends to open a unit serving food, must provide annually a contract for the supply of maintenance contract to clean the grease traps twice a month with an authorized company, sufficient to comply with Dubai Municipality regulations. The owner or resident shall submit to the Community Manager upon request records of the maintenance performed.
13. The retail unit may only store goods or equipment consistent with the operation of the business as defined on the Trade License. All storage must be maintained in a proper manner, which should not compromise, Health and Safety or increase the risk of fire or damage to the building. Any creation of additional storage areas, involving fabrication of walls, mezzanine floors, etc, is not allowed without approval of the Owners Association. [reference fit out guidelines]
14. Unit owners and residents may not suspend heavy loads from the walls or ceiling or beams.
15. The unit owner is responsible for ensuring that the occupants of their unit do not exceed the floor loading and check with the Community Manager to clarify what is the maximum floor loading. The community manager is entitled to refuse access to goods into any unit where there is a concern over over-loading until the resident can demonstrate the loading of the storage.
16. The owner and resident of a commercial unit are not allowed to use any loading bay as storage for their goods, no matter how temporarily. Loading bay is for direct loading of goods on/off to storage.
17. The owner must ensure the unit is not used for the storage of hazardous goods [as defined in the insurance policy] or flammable goods of any sort. Any such requirement must be submitted to the Community Manager for approval.
Signage
18. An owner of a commercial unit may not erect, display or fix without the approval of the Community Manager any signage, lighting advertisements visible from outside the unit without the approval of the Community Manager.
19. An owner of a unit may not install any flashing or moving lights that are visible outside the unit or audible notices heard outside the units without the approval of the Community Manager.
20. An owner may not display any merchandise or advertising material of any nature outside the unit, or in any part of the common areas without the approval of the Owners Association.
21. An owner may not without the prior approval of the Community Manager deliver merchandise or solicit business anywhere within the Building (other than its unit) nor distribute pamphlets or other advertising materials on vehicles in the car parks or to any other unit in the building, nor leave any merchandise or advertising materials on or within the building (other than its unit) at any time.
General
22. An Owner shall not allow anything to be stored, displayed, sold, and traded from their unit that may be considered unislamic or contrary to the laws of the country, without the approval of the Community Manager.
23. In the event that a commercial unit contains outside space, [or the unit rents any outside space] where the community or visitors can view the outside space, nothing may be placed on the outside space, without completing the application form [see fit out guidelines] and provisions of designs of any items, including tables, chairs and any other decorations or display, and the community manager approving the application. The objective of this paragraph is to ensure that the design for the outside space is consistent with the overall design of the building.
24. The owner shall ensure that every action will be taken to ensure that adequate health and safety precautions are taken.
25. An owner shall seek approval from the Community manager for anything that is to be placed outside the walls/façade of the unit
26. An Owner shall not allow anything to be displayed in windows or otherwise visible from outside the unit that might be considered distasteful, unislamic, or offensive, and will remove any reasonable request to remove any such item. An owner shall ensure that any items that are visible from outside the unit is tidy and well-maintained, such as to create a favorable image of the building.
27. An owner shall ensure that any shop front is well-maintained including the finishes and remains in-keeping with the image of the building.
28. Any shop-front, glass or tiled area shall be cleaned daily at the expense of the owner, but outside of normal trading hours. Any spillage from cleaning shall be removed immediately.
29. The Community Manager is entitled to take remedial action at the expense of the owner, if the owner fails to comply when requested to do so by the Community Manager.
30. The owner is responsible for ensuring that a condition of tenancy of its business or commercial unit shall be the adherence to these community rules. The owner shall ensure that the tenant is obliged under the tenancy contract to pay the owner of Owners Association for any financial penalty for non-compliance. Any failure on behalf of the tenant to pay financial penalties shall then become the responsibility of the owner.
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