The reader wants to understand tenants' rights if building management restricts children from playing in common areas, provided they are not causing any disturbance.
Question: We live in a multi-story apartment in Dubai with no nearby parks or open spaces. Children from neighboring apartments often gather in the common area to play quietly, engaging in activities like coloring, playing cards, or chatting. Recently, our building management sent an email stating that this practice is illegal. Is this true? What are our legal rights? Can they physically prevent the children from quietly interacting?
Answer: In Dubai, common building areas are defined under Article 2 of Law No. 6 of 2019 Concerning Ownership of Jointly Owned Real Property in the Emirate of Dubai (the ‘Dubai Jointly Owned Real Property Law’). These are “parts of jointly owned real property, as shown on the site plan, designated for common use by the owners and occupants of units.”
Further, Article 7(a)(2) of the Dubai Jointly Owned Real Property Law specifies that common areas include thresholds, halls, entrances, emergency exits, and windows in external walls.
Tenant Obligations
Tenants and occupants must adhere to building management regulations. Article 6(b) and Article 16(a) of the Dubai Jointly Owned Real Property Law stipulate these obligations:
Article 6(b):
“An occupant shall be under an obligation towards the developer, the owner, the occupants of other units, and the owners' committee with the master community declaration, statute, and building management regulation to the extent that their provisions apply to that occupant.”
Article 16(a):
“An owner may lease out his unit, provided that he and the tenant remain under an obligation towards other owners and occupants, the owners' committee, and the management entity to comply with the statute, the master community declaration, and the building management regulation.”
Management Authority
The management of common areas is the responsibility of the building’s management company, governed by the Real Estate Regulatory Authority of Dubai, as stated in Article 18(3) of the Dubai Jointly Owned Real Property Law.
If tenants do not comply with the regulations concerning the use of common areas, building management can serve notices for violations. Repeated violations can lead to eviction before the tenancy contract expires, per Article 25(1)(f) of Law No. 33 of 2008 Amending Law No. 26 of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai:
“A landlord may request eviction of the tenant from the real property before expiry of the lease contract where the tenant uses the real property for a purpose other than that for which it is leased, or otherwise uses the real property in a manner that violates the planning, construction, and land use regulations in force in the emirate."
Steps to Take
- Review Building Regulations: Check the rules and regulations related to the use of common areas in your building.
- Communicate with Management: Attempt to resolve any differences with building management amicably.
- Legal Recourse: If an agreement cannot be reached, you and your neighbors may approach the Dubai Rental Dispute Centre (RDC) to settle the matter.
Applicable Laws
- Law No. 6 of 2019 Concerning Ownership of Jointly Owned Real Property in the Emirate of Dubai
- Law No. 33 of 2008 Amending Law No. 26 of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai
In summary, while children should follow building management regulations regarding the use of common areas, a collaborative and informed approach can help resolve any disputes.
News Source: Khaleej Times
