Legal Docs: Constitution of the MAG 218 Tower Association
The following is a copy of the Rules of the Association document prepared by Emaar for its Dubai Marina properties. The Constitution of the MAG 218 Tower Association document prepared for the MAG 218 Tower is nearly identical.
Whereas:
The Project is a commonhold development project, the developer of the project and wishes to establish the Association to which all new Owners will become members.
In these Rules :
1. MEMBERSHIP IN THE ASSOCIATION AND TERM
1.1 Each Owner shall become a member of the Association upon the registration of his interest in the Unit at the Dubai Land Department
1.2 No person other than an Owner may become a member of the Association.
1.3 In the case of joint Owners the first named party on the title deed shall be considered for the purposes of these Rules to be the Owner.
1.4 No Owner may resign or otherwise relinquish his membership in the Association.
1.5 The Association shall come into existence when the first Unit in the Project is sold and the plan of the project is registered at the Dubai Land Department and shall continue in existence for an unlimited period.
2. OFFICE OF THE ASSOCIATION
2.1 The Association shall have its main office in the Project and shall provide the Manager office space in the Project without charge from which to administer the affairs of the Association.
3. POWERS OF THE ASSOCIATION
3.1 The Association has the power to :
(a) enter into binding agreements through its Manager
(b) fix an annual fee to be levied against each Unit for the operating, upkeep, repair and maintenance of the Project and the fee levied against each Unit must equal the percentage that the Commonhold Property attached to that Unit, as shown on the plan for the Project registered at the Dubai Land Department, is to the total annual fee
(c ) fix an annual fee to be levied against each Unit for replacement or repair of Commonhold Property where it is expected that such replacement or repair will be necessary in the future and would under generally accepted accounting practice be considered a capital expenditure provided that the fee levied against each Unit must equal the percentage that the Commonhold Property attached to that Unit, as shown on the plan for the Project registered at the Dubai Land Department, is to the total annual fee
(d) make rules to govern its members and deal with all matters of membership
(e) determine the terms of payment of all fees with respect to the Project and charge interest on payments in arrears
(f) appoint a Manager of the Association to manage the day to day affairs of the Association or enter into management agreements with companies for this purpose
(g) appoint the auditor for the Association
(h) take proceedings in the name of the Association in the Courts of Dubai against any Owner that is in default in payments due the Association or is otherwise in breach of these Rules or any regulations made pursuant thereto and seek remedies to enforce payment or remedy the breach including but not limited to the forced sale of the Owner’s Unit
3.2 The Association may delegate any or all of its powers as it may from time to time see fit
4. DUTIES OF THE ASSOCIATION
4.1 The Association has the duty to:
(a) appoint a Manager to manage the Project and administer its day to day affairs
(b) maintain and manage the Commonhold Property for the general benefit of all Owners
(c) ensure that each Owner will enjoy peaceful possession and quiet enjoyment of his Unit and the Commonhold Property in accordance with these Rules and the regulations made pursuant to these Rules
(d) enforce the Rules and regulations of the Association
(e) insure the Project, all Units (but not the contents of any Unit) and the Commonhold Property against all customary risks to the replacement value of the Project naming the Association as the main beneficiary of the insurance proceeds
(f) register the plan, the lot and the building comprising the Project at the Dubai Land Department as a Commonhold project
(g) file the Rules and all amendments thereto and all minutes of Association meetings at the Dubai Land Department
5. ASSOCIATION MEETINGS
5.1 The Manager shall once a year, not later than ninety days (90), following the receipt of the auditor’s report on the Association’s accounts, convene a meeting of all Owners for the purpose of:
(a) appointing or reappointing a Manager if there is no Management Agreement then enforce
(b) receiving for approval the accounts of the Association
(c ) receiving a report from the Manager on the previous year’s operations
(d) appointing auditors for the Association
(e) such other business as may properly be brought before the meeting
5.2 Each Owner shall be given 15 days written notice of the meeting by post to the address for mailing given to the Association by the Owner
5.3 The notice shall state the place, date and time of the meeting and the nature of any special business to be brought before the meeting and be accompanied by the audited accounts for the preceding fiscal year if this is a meeting to consider the accounts
5.4 A quorum for a meeting shall be two Owners or individuals representing an Owner by proxy, and a representative of the Manager must be in attendance. If no quorum is present within 30 minutes of the time for the meeting to begin the meeting shall stand adjourned to the day following at the same time and place and the meeting shall proceed with the Owners or their proxies and the Manager’s representative then present
5.5 The Manager shall set the rules for the meeting as are required subject to the requirement that all matters must be decided by a majority vote of the Owners present at the meeting unless otherwise stated in these Rules
5.5 On all votes at a meeting each Owner shall have that number of votes that corresponds to the percentage interest that Owner has in the Commonhold Property.
6. DUTIES OF OWNERS
6.1 Each Owner shall :
(a) permit the Manager, at all reasonable times and on reasonable notice (except in cases of emergency) to enter into his Unit for the purpose inspecting, maintaining and repairing the Commonhold Property
(b) pay the Association all fees, rates, taxes and premiums that may become payable in respect of his Unit
(c) maintain his Unit in a state of good repair
(d) notify the Association immediately if there is a change of Owner with respect of his Unit
(e) ensure that all occupants of his Unit comply with the Rules and regulations
(f) at all times comply with the laws, decrees rules and regulations of the Emirate of Dubai and the United Arab Emirates from time to time enforce that relate to the Project or his Unit and procure that all occupants of his Unit also comply
(g) comply with all notices and instructions from the Manager with respect to the use and occupation of the Unit and the Project
7. RESTRICTIONS ON OWNERS
7.1 No Owner shall:
(a) make structural, mechanical or electrical alterations to his Unit or to the Commonhold Property without the prior written consent of the Manager
(b) expose laundry to the public view by hanging it on balconies, out windows or by any other means
(c ) allow in his Unit any animal, reptile or bird that is not customarily reared inside a building and considered generally as a house pet and all pets must be carried or on a leash when outside any Unit
(d) permit explosives, hazardous chemicals or firearms to be stored in any Unit, in any part of the Project, in its annexes or beside the Project
(e) store any of his personal property in any of the Commonhold Property
(f) erect any sign or billboard on any part of the Commonhold Property including the entrance to his Unit
(g) park vehicles in other than designated parking spaces that has been assigned to his Unit
(h) allow his Unit to fall into disrepair, become infected with insects or in any way become a health hazard to the Project
(i) create a nuisance
(j) use the Commonhold Property for any personal use such as dusting carpets, cleaning furniture or displaying plants and flowers
(k) use or permit the use of the parking structure for any purpose other than parking vehicles
(l) make any change (including a color change) to the external appearance of the Project or its doors and windows
8. RIGHTS OF OWNERS
8.1 The Owners may convene a meeting of all Owners at any time by lodging with the Manager a request for a meeting stating the business for the meeting, which may include a proposal to terminate the Manager, subject to the terms of any Management Agreement then in force, which request shall be accompanied by a signed petition of the Owners representing twenty five (25%) percent of all Units.
8.2 Any Owner has the right to require that the Manager enforce the Rules and regulations.
Go to MAG 218 Community's most recent posts, or view the complete listing (by title) of all MAG 218 and Dubai Marina Communities' posts.
Whereas:
The Project is a commonhold development project, the developer of the project and wishes to establish the Association to which all new Owners will become members.
In these Rules :
- Association means the association formed under these rules to manage and administer those aspects of the Project and the Commonhold Property that require agreement and cooperation of the Owners as a group
- Commonhold Property means that part of the land and Project that does not form part of any unit of the Project and is capable of and intended for the use, enjoyment and utility of all units
- Developer means [ ], the developer of the Project
- Manager means the manager of the Association appointed by the Association from time to time
- Management Agreement means that form of agreement to be entered into between the Developer and the Association whereby the Developer will serve as the first Manager and which agreement was disclosed to each Owner as an attachment to the offer made to acquire his interest in the Unit
- Owner means an owner of a freehold interest in a Unit. The initial Owner of all Units is the Developer
- Project means the land, residential buildings, parking structures and amenities buildings known as [ ]
- Unit means an individual numbered unit designated as such on the plan for the Project registered at the Dubai Land Department and includes the Commonhold Property and the parking space(s) attaching to that Unit as shown on the said plan.
1. MEMBERSHIP IN THE ASSOCIATION AND TERM
1.1 Each Owner shall become a member of the Association upon the registration of his interest in the Unit at the Dubai Land Department
1.2 No person other than an Owner may become a member of the Association.
1.3 In the case of joint Owners the first named party on the title deed shall be considered for the purposes of these Rules to be the Owner.
1.4 No Owner may resign or otherwise relinquish his membership in the Association.
1.5 The Association shall come into existence when the first Unit in the Project is sold and the plan of the project is registered at the Dubai Land Department and shall continue in existence for an unlimited period.
2. OFFICE OF THE ASSOCIATION
2.1 The Association shall have its main office in the Project and shall provide the Manager office space in the Project without charge from which to administer the affairs of the Association.
3. POWERS OF THE ASSOCIATION
3.1 The Association has the power to :
(a) enter into binding agreements through its Manager
(b) fix an annual fee to be levied against each Unit for the operating, upkeep, repair and maintenance of the Project and the fee levied against each Unit must equal the percentage that the Commonhold Property attached to that Unit, as shown on the plan for the Project registered at the Dubai Land Department, is to the total annual fee
(c ) fix an annual fee to be levied against each Unit for replacement or repair of Commonhold Property where it is expected that such replacement or repair will be necessary in the future and would under generally accepted accounting practice be considered a capital expenditure provided that the fee levied against each Unit must equal the percentage that the Commonhold Property attached to that Unit, as shown on the plan for the Project registered at the Dubai Land Department, is to the total annual fee
(d) make rules to govern its members and deal with all matters of membership
(e) determine the terms of payment of all fees with respect to the Project and charge interest on payments in arrears
(f) appoint a Manager of the Association to manage the day to day affairs of the Association or enter into management agreements with companies for this purpose
(g) appoint the auditor for the Association
(h) take proceedings in the name of the Association in the Courts of Dubai against any Owner that is in default in payments due the Association or is otherwise in breach of these Rules or any regulations made pursuant thereto and seek remedies to enforce payment or remedy the breach including but not limited to the forced sale of the Owner’s Unit
3.2 The Association may delegate any or all of its powers as it may from time to time see fit
4. DUTIES OF THE ASSOCIATION
4.1 The Association has the duty to:
(a) appoint a Manager to manage the Project and administer its day to day affairs
(b) maintain and manage the Commonhold Property for the general benefit of all Owners
(c) ensure that each Owner will enjoy peaceful possession and quiet enjoyment of his Unit and the Commonhold Property in accordance with these Rules and the regulations made pursuant to these Rules
(d) enforce the Rules and regulations of the Association
(e) insure the Project, all Units (but not the contents of any Unit) and the Commonhold Property against all customary risks to the replacement value of the Project naming the Association as the main beneficiary of the insurance proceeds
(f) register the plan, the lot and the building comprising the Project at the Dubai Land Department as a Commonhold project
(g) file the Rules and all amendments thereto and all minutes of Association meetings at the Dubai Land Department
5. ASSOCIATION MEETINGS
5.1 The Manager shall once a year, not later than ninety days (90), following the receipt of the auditor’s report on the Association’s accounts, convene a meeting of all Owners for the purpose of:
(a) appointing or reappointing a Manager if there is no Management Agreement then enforce
(b) receiving for approval the accounts of the Association
(c ) receiving a report from the Manager on the previous year’s operations
(d) appointing auditors for the Association
(e) such other business as may properly be brought before the meeting
5.2 Each Owner shall be given 15 days written notice of the meeting by post to the address for mailing given to the Association by the Owner
5.3 The notice shall state the place, date and time of the meeting and the nature of any special business to be brought before the meeting and be accompanied by the audited accounts for the preceding fiscal year if this is a meeting to consider the accounts
5.4 A quorum for a meeting shall be two Owners or individuals representing an Owner by proxy, and a representative of the Manager must be in attendance. If no quorum is present within 30 minutes of the time for the meeting to begin the meeting shall stand adjourned to the day following at the same time and place and the meeting shall proceed with the Owners or their proxies and the Manager’s representative then present
5.5 The Manager shall set the rules for the meeting as are required subject to the requirement that all matters must be decided by a majority vote of the Owners present at the meeting unless otherwise stated in these Rules
5.5 On all votes at a meeting each Owner shall have that number of votes that corresponds to the percentage interest that Owner has in the Commonhold Property.
6. DUTIES OF OWNERS
6.1 Each Owner shall :
(a) permit the Manager, at all reasonable times and on reasonable notice (except in cases of emergency) to enter into his Unit for the purpose inspecting, maintaining and repairing the Commonhold Property
(b) pay the Association all fees, rates, taxes and premiums that may become payable in respect of his Unit
(c) maintain his Unit in a state of good repair
(d) notify the Association immediately if there is a change of Owner with respect of his Unit
(e) ensure that all occupants of his Unit comply with the Rules and regulations
(f) at all times comply with the laws, decrees rules and regulations of the Emirate of Dubai and the United Arab Emirates from time to time enforce that relate to the Project or his Unit and procure that all occupants of his Unit also comply
(g) comply with all notices and instructions from the Manager with respect to the use and occupation of the Unit and the Project
7. RESTRICTIONS ON OWNERS
7.1 No Owner shall:
(a) make structural, mechanical or electrical alterations to his Unit or to the Commonhold Property without the prior written consent of the Manager
(b) expose laundry to the public view by hanging it on balconies, out windows or by any other means
(c ) allow in his Unit any animal, reptile or bird that is not customarily reared inside a building and considered generally as a house pet and all pets must be carried or on a leash when outside any Unit
(d) permit explosives, hazardous chemicals or firearms to be stored in any Unit, in any part of the Project, in its annexes or beside the Project
(e) store any of his personal property in any of the Commonhold Property
(f) erect any sign or billboard on any part of the Commonhold Property including the entrance to his Unit
(g) park vehicles in other than designated parking spaces that has been assigned to his Unit
(h) allow his Unit to fall into disrepair, become infected with insects or in any way become a health hazard to the Project
(i) create a nuisance
(j) use the Commonhold Property for any personal use such as dusting carpets, cleaning furniture or displaying plants and flowers
(k) use or permit the use of the parking structure for any purpose other than parking vehicles
(l) make any change (including a color change) to the external appearance of the Project or its doors and windows
8. RIGHTS OF OWNERS
8.1 The Owners may convene a meeting of all Owners at any time by lodging with the Manager a request for a meeting stating the business for the meeting, which may include a proposal to terminate the Manager, subject to the terms of any Management Agreement then in force, which request shall be accompanied by a signed petition of the Owners representing twenty five (25%) percent of all Units.
8.2 Any Owner has the right to require that the Manager enforce the Rules and regulations.
Go to MAG 218 Community's most recent posts, or view the complete listing (by title) of all MAG 218 and Dubai Marina Communities' posts.
posted by B.D. at
10:51 PM
0 Comments:
Post a Comment
<< Home