This research is an attempt to determine the reasons for the problems currently being experienced in Dubai in the implementation of the Dubai Law Concerning Ownership of Jointly Owned Properties. Although the Dubai Law has applied to Dubai for almost three years and is a very young law, most of the shortcomings can be attributed to the delay in the promulgation of the envisaged implementing regulations including the Master Community Declaration, the Building Management Statement and the Association Constitution. This has motivated the writing of this thesis which seeks to examine and analyse the entire system of jointly owned property ownership in the Emirate of Dubai. The emphasis is on the establishment of the jointly owned property schemes, the physical division of jointly owned property schemes into units and common areas, the allocation of share units in jointly owned property schemes, the rights and obligations of unit owners with regard to their units and the common areas, the enforcement of financial and social obligations, settlement of disputes and finally the management of jointly owned property schemes. An examination of the differences between the Dubai Law and several other systems has been made to find out why one works better than the other. Does the problem lie in the nature of the governing legislation, the procedures of the Competent Authority namely, the Land Department and the Real Estate Regulatory Agency for applying and obtaining registration of a jointly owned property plan, the laws and practices relating to the development, construction, financing and conveyancing of jointly owned property or a combination of all these factors? The insights gained by the examination of the jointly owned property industry, reveal whether the problems and issues currently faced on the ground have been the result of the law or have been caused by other factors beyond the scope of solutions prescribed by the law. The present legislation in force for jointly owned property in Dubai has provided an adequate legal structure for all the matters discussed above. From my evaluation of the various aspects of the Dubai Law Concerning Ownership of Jointly Owned Properties, it appears that there is room for improvement in virtually every aspect examined in order to keep up with the rapid growth of jointly owned property schemes in Dubai and all over the United Arab Emirates. In addition, the housing delivery system in Dubai must change. Officials involved in the approval and registration of jointly owned property schemes have to be properly trained in order to ensure that they have the required knowledge of the law and care should be taken to recruit more qualified personnel in the related Offices.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:540502 |
| Date | January 2010 |
| Creators | AlHaddad, Saif Ahmad |
| Publisher | University of Aberdeen |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Source | http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=165130 |
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