Parents Fined for Children's Play in Shared Spaces of Buildings
Parents Fined for Children's Play in Shared Spaces of Buildings
Can the management of residential buildings in Dubai fine parents for their children's play in hallways and shared spaces?
The issue began with a complaint from a mother living in Dubai; a mother who says her daughter was sitting with several other children in front of their apartment door, engaged in painting, but after this incident, she received an email from the building management warning of a fine of one thousand dirhams.
According to this mother, the children were neither noisy nor disruptive to other residents. However, the management sent a picture of their presence in the shared space and stated that such behavior could be subject to a fine.
But does the management really have such authority?
According to legal explanations published in Gulf Times, the use of hallways, lobbies, and other shared spaces in residential buildings is subject to regulations regarding common ownership and the internal laws of the building. Management can set restrictions on the use of these spaces to maintain the safety, peace, and rights of other residents.
However, merely playing children in the hallway does not legally justify a fine of one thousand dirhams. To impose such a fine, the legal basis, valid building regulations, and management's authority to enforce them must be examined.
According to Law No. 6 of 2019 in Dubai regarding common property ownership, each building must have specific management regulations approved by the Dubai Real Estate Regulatory Agency (RERA). Residents are also obliged to comply with these regulations.
If the building's regulations prohibit a specific activity in shared spaces, the management company can issue a warning within its authority and warn about fines in case of repeated violations.
If a fine is issued, how can one appeal?
The owner must first review the building's regulations and, if they wish to appeal, use the mechanism set forth in those regulations. These disputes can usually be reviewed in internal committees related to the owners.
If the dispute is not resolved, it is possible to file a complaint with the Dubai Land Department (DLD) through the electronic portal of this entity or the Dubai REST application.
As a result, the building management does not have unlimited authority to fine residents, and the legality of any fine depends on the approved regulations of the building and the management's authority to enforce them.
What do you think? Should children's play in the hallways of the building be accompanied by a fine?
Source: Gulf Times
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