The Homeowners’ association in Abu Dhabi is subject to the provisions of Law No. (3) of 2015 concerning the regulation of the real estate sector in the Emirate of Abu Dhabi, and its Executive Regulation No. 245 of 2015, issued by Saeed Eid Al Ghafli, Chairman of the Department of Municipal Affairs, in all matters related to its formation, organization, management, and everything related to it.

What is the Homeowners’ association?

Article (1197) of the Federal Civil Transactions Law No. (5) of 1985 allows property Homeowners  to form a union when they jointly own a property that is made up of layers or apartments.

According to Article (64) of Law No. (3) of 2015 concerning the regulation of the real estate sector in Abu Dhabi, the property Homeowners ‘ Association is a non-profit organization with an independent legal personality, separate from the personalities of its members. The law grants it the right to litigate and prosecute property Homeowners and tenants who violate the provisions of the law.

What is the purpose of forming the Homeowners’ association in Abu Dhabi?

The primary objective behind the formation of the property Homeowners’ association is to effectively manage the property and ensure its optimal utilization. Additionally, it is also possible for the formation to serve the purpose of creating a building or purchasing union with the aim of distributing the Homeowners hip of its parts among its members.

The management system of the property Homeowners’ association for the building

According to Article (19) of the Executive Regulation on Joint Property of Real Estate and Homeowners ‘ Association under Resolution No. (245) of 2015, the building management system in Abu Dhabi includes restrictions and rules governing the use of private volumetric spaces, as well as architectural standards for volumetric spaces, in addition to obligations of volumetric space Homeowners related to waste, energy, or environmental water.

Article (9) of the regulation stipulates that the complex management system and the floor management system must include all necessary information in the format determined by the department.

Regulations for forming a property Homeowners ‘ Association in Abu Dhabi

Article 64 of the Real Estate Regulation Law in Abu Dhabi includes guidelines for forming a Homeowners’ association, which are as follows:

1. The Homeowners’ association in Abu Dhabi is formed after registering the building plan or complex plan with the department, and it exercises its powers after registration.
2. The Homeowners’ association consists of the developer until he transfers Homeowners hip or property rights to another person or more in the building plan or complex plan.
3. After the developer transfers Homeowners hip, the Homeowners’ association is formed by the total number of Homeowners, including the developer for unsold real estate units.
4. Membership of the property owner in the Homeowners’ association begins from the date of registration in their name in the property register and expires when those right ends.
5. The Homeowners ‘ association has the right to sue anyone who violates the provisions of the law or the bylaws of the association, whether they are Homeowners, tenants, or occupants of the property in general.
6. The association’s bylaws, complex management system, and building management system apply to the Homeowners’ association in a manner that does not conflict with the provisions of this law and its implementing regulations.
7. The department is responsible for developing a model for the bylaws of the Homeowners ‘ association, and it may amend its provisions from time to time. The developer or the Homeowners ‘ association may not modify these provisions.
8. The law allows the Homeowners ‘ association in Abu Dhabi to become a member of another higher-level Homeowners ‘ association in the same real estate development project.
9. The management of the Homeowners ‘ association is entrusted to an elected board of directors by the Homeowners or the complex, at the general assembly of the association.
10. The board of directors is responsible for appointing a Homeowners’ association manager who is tasked with following up on the association’s activities.
11. The regulations regarding the election of Homeowners’ association members, the appointment of the association’s manager, all procedures related to the general assembly, the right to vote, and the legal quorum to approve its decisions are determined by the implementing regulations.