Financial Crisis

Abu Dhabi villa prices expected to slide further

Sale prices and rentals of villas in Abu Dhabi are likely to drop as fresh supplies are entering the market and a number of people are shifting to live on the outskirts of Dubai due to its “affordable rates”, said real estate officials.

Already villa prices have dropped in various projects. “We expect this trend to continue during 2010 as more units are expected to be handed over and the number of people relocating from Abu Dhabi to ‘more affordable’ Dubai continue in the short- and medium-terms,” said Mohanad Alwadiya, Managing Director, Harbor Real Estate.

Currently, in Al Reef Villas a two-bedroom villa goes for Dh1.1 million, a three-bedroom villa for Dh1.6m, a four-bedroom villa for Dh1.7m and a five-bedroom unit for Dh2.3m.

“Villa prices in Abu Dhabi are starting to soften as more units start to flow into the market. This trend has affected the attitude of landlords and sellers and has forced them to be more flexible when it comes to price points and payment terms,” said Alwadiya.

Construction targets to be met

Dubai-A total of 32,047 residential units are expected to come online this year, providing construction targets are met, according to Colliers International. Apartments are expected to account for 77 percent of the new residential units while villas will make up the rest.

The upcoming supply is set to bring down average rents and put pressure on landlords who, besides contending with lower prices, need to cover maintenance fees through rental yields as quickly as possible.

“In certain areas the increase in supply will potentially have an impact on rent being paid,” said Elaine Jones. Chief executive of Asteco Property management.
Negotiating Power

While tenants have considerably more negotiating power than they did 18 months ago, most landlord still expect payment in three to four cheques.

“The average number of cheques is still three and this has been relatively consistent for the past six months. Of course, there are still rental contracts based on one cheque and 12 cheques, but the majority are two to four cheques,” said Jones.

“During the last quarter, we also witnessed that the distress rentals that so characterized the rental activity of the first two quarters of 2009 have all but disappeared.

“Some landlords are now sticking to their negotiating positions and are more prepared to hold on to their properties and wait for the inevitable recovery,” said Mohanad Alwadiya, managing director of Harbor Real Estate.

“There is a belief that prices have reached realistic rates and there is very little room for price negotiations. Most of the tenants now negotiate payment terms and added value elements.”

Depending on the popularity of the area, certain units lend themselves more to rent negotiation. “If there are high occupancy rate in that particular building or development then there is usually little negotiating room on the rental rate,” Jesse Downs, director of research and advisory services at Landmark Advisory, told Gulf News.

“In this case, landlords tend to prefer to negotiate with the number of cheques or with an additional one month ‘s rent at no charge. For less desirable locations, developments with lower occupancy rates, or new buildings, there is usually more room to negotiate the rental rates. Of course, negotiations depend largely on asking prices.

There is variance in pricing strategies between the different agencies. Some brokerage firms list inventory at inflated levels and bring the rents down in the negotiation stages. Others list their inventory at more realistic rates and have low bid- ask spreads.”

Relocation

A continued trend of relocation from the outer emirates such as Ajman and Sharjah to Dubai can still be seen.

“Given the decline in Dubai rents in 2009, more people who are currently working in Dubai are opting to live in Dubai. As average rents decline, we expect this trend to increase with additional relocation from areas like Sharjah,” said Downs.

The trend seen in the fourth quarter of 2009 is predicted to continue early into 2010 with only a slight change in dynamics during the second quarter, especially when there is a better outlook of recovery, the projected supply and population figures.

A further drive that will affect rental rates is population growth generated by healthy commercial activity.

“Dubai needs to ensure that as the world economy starts to recover, it has positioned itself competitively as a place to do business,” said Alwadiya.

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Dubai Realty Challenged by Oversupply, Lack of Credit: Harbor Report

DUBAI – Looming oversupply and a lack of availability of mortgage are among the top challenges to a possible recovery in Dubai’s recession-hit real estate sector, said property broker Harbor Real Estate in its latest edition of the 
Harbor Report.

“An estimated 60,000 residential units and 30million square feet of office space are coming on stream by the end of 2011,” the report said. It said research conducted by Harbor indicates that, in the next two years, some 10,200 units will be released in Dubai Marina and Jumeirah Lakes Towers alone.

“With relatively high vacancy rates in both property sectors currently, the property scene is facing some significant oversupply challenges. Any student of economics 101 knows that, in time, equilibrium between supply and demand is eventually reached. The third variable to this overly simplistic equation is price.”
The report said that the recent quarter-on-quarter five per cent spike in prices for Dubai’s residential properties meant that; “for certain investors seeking certain property types, the price is just about right.” Harbor said the price trends in the first quarter “will bear testimony as to whether this is the beginning of a sustainable recovery or a minor blip in the stabilisation process.”

The report said demand for property throughout 2009 was also hindered by a lack of credit availability, tightening of lending policies and the inability of potential consumers to comply with such policies. “In 2010, the increase in flow of credit into the market place will be gradual at best.”

In addition to not having sufficient funds on hand for lending, mortgage providers and investment financiers are still not in a position to fully and confidently assess the level of risk they can prudently assume, mainly due to uncertainty which surrounds the risk inherent in their current loan portfolios, it said.

The report also said that the last 12 months were quite challenging for anyone wanting to obtain a mortgage in Dubai. In response to the global financial turmoil, banks had tightened their credit policies, reduced lending ratios and increased interest rates. “It appears that the worst may now be behind us and lenders are once again opening up their credit policies. While obtaining a mortgage is still not simple, and may not be for a while, lenders are now more willing to consider applications.” Interest rates are also on the way down. The average rate is now approximately 7.5 per cent, down from about 8.5 per cent a few months ago, it said.

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Investors confident about Dubai property market

DUBAI: Real estate industry experts say that investors have started expressing confidence in the Dubai property market in the long term, though the property prices in Dubai have not been affected by the recent Dubai World debt restructuring talks.

Speaking to The Gulf Today the CEO of Leo Sterling, Laura Martorano said that despite all the negative economic indicators, Dubai will continue to thread a bright future.

At the same time the managing director of Harbor Real Estate, Mohanad Alwadiya, also confirmed that property sales enquiries have picked up.

He believes the hike in interest is a result of the debt crisis. “Since the Dubai World announcement, we have recorded a noticeable increase in the number of queries from private and institutional investors who are interested in taking advantage of the impact that the announcement may have on the overall prices of property in Dubai and in Nakheel developments in specific.”

Martorano says that investors who bought property in Dubai not later than two years ago still stand to make a profit despite the current low prices.
She however added that people who are suffering the most are those who bought properties last year on mortgage because prices were extremely high with mortgage rates high as well.

Martorano adds that those people who bought property before 2007 have not lost, even if they sell they will still make a profit. She further says that property prices in Dubai were not much affected by the recent Dubai World debt restructuring talks.

“We were closing transactions with a few owners in JBR and they are sticking to their own price and we closed it on their price,” said Martorano.
On the other hand, Alwadiya says that although the Dubai World request caused global markets to plunge and attracted criticism in the international press, the situation he says has been overblown. However, he feels the incident has affected investor confidence.

We definitely feel that the international media is blowing this news out of proportion and a major effort will be required to reverse world opinions, he adds.
“Prices in a ready market will not change much because there is competition. In a ready market, about 60 per cent of the purchases are cash purchases. Therefore, these people may not necessarily be so desperate as opposed to the 40 per cent who have mortgages and bank loans,” explains Martorano.
Industry sources however claim that property transactions in Dubai have fallen in November compared to figures posted in the previous month.

Statistics from Dubai Land Department show the number of villa sale, have increased by 24 per cent from 88 to 109 but there was a 41 per cent decline in the value from Dh290m in October to Dh170m in November.

Flat sales saw a 4.8 per cent increase in number from 1,354 to 1,420 but values took a 7.7 per cent dive from Dh1.3bn to Dh1.2bn.
Dubai’s average monthly market index in November has also seen a 6.98 per cent contraction to 2,124.98 from 2,284.42 in the past month.
October also reported other positive indicators with average monthly market index posted at 11.25 per cent hike and trade as per issued Dubai certificates of origin rose by 10 per cent in volume and nine per cent in value.

Despite all the negative economic indicators, Martorano is convinced that Dubai will continue to thread a bright future.
She says investors with the means should shop around, “It’s a great time if you are a cash buyer, because banks are anticipated to get more tight-fisted, as they will come under pressure in a bid to keep a safety net due to their exposure to Dubai World.” Martorano thinks the debt issue is unlikely to stop the market from rebounding.

Realty prices projected to stabilise in 2010

Residential real estate prices are likely to stabilise in 2010, with buyers investing for the long term, according to real estate agents.

At the same time rents in Dubai’s commercial sector have stabilised over the past three months. While office rents in the emirate had been falling since late last year, the rentals have stabilised of late, revealed Better Homes data, shared exclusively with Emirates Business.

“Prices across villas and apartments will stabilise in 2010. Moreover, buyers investing in residences in Dubai will enter on a long-term basis, indicating a less speculative interest in the emirate for next year,” said Mohanad Alwadiya, Managing Director, Harbor Real Estate.

Just ahead of the new year, Emirates Business picked 12 residential projects in Dubai that received interest from potential property owners and tenants in the past 12 months.

Some of these projects saw increased sales and rental transactions, while some projects, such as Burj Dubai by Emaar Properties and the Villa Project in Dubailand by Al Mazaya Real Estate, are gathering a lot of interest just ahead of their handover.

Analysts attributed the stabilisation of rents to an improved economic environment, which has led to a slowdown in the restructuring exercises of local companies.

“The pace at which companies were restructuring and consolidating their plans to cut down their staff and give away additional space during the first half of the year have reduced over the past few months keeping the vacancy level of the office space stable to 25 per cent in the region,” said Porush Jhunjhunwala, Manager, Commercial Leasing at Better Homes.

Residential prices to stabilise on long-term buying

Residential real estate prices are likely to stabilise in 2010, with buyers investing for the long term, according to property agents.

“Prices across villas and apartments will stabilise in 2010. Moreover, buyers investing in residences in Dubai will enter on a long-term basis, indicating a less speculative interest in the emirate,” said Mohanad Alwadiya, Managing Director of Harbor Real Estate.

However, challenges to the real estate sector continue to remain. Alwadiya said: “While mortgage financing is easing, it is still limited in availability. Banks are lending but only to people with certain fixed profiles and according to rigid criteria. For example, people working in the real estate sector find it hard to source funding because of the risk associated to their job. Also, infrastructure in many developments needs to keep pace with the progress of the development.”

Vineet Kumar, Head of Sales at Asteco, said: “The buying trend has been towards ready properties, and mortgage finance is available for most projects from leading mortgage providers. Interest rates are in the range of 6.5 per cent to 10 per cent. Occupancy levels in developments handed over are generally in excess of 70 per cent. Locations such as Dubai Marina and Downtown Burj Dubai are being preferred by young families, while larger families have a preference for large villas in locations such as Emirates Hills and Jumeirah Islands.”

Just ahead of the new year, Emirates Business picked 12 residential projects in Dubai that received interest from potential property owners and tenants in the past 12 months. Some of these projects saw increased sales and rental transactions while some projects, such as Burj Dubai by Emaar Properties and the Villa Project in Dubailand by Al Mazaya Real Estate, are gathering a lot of interest just ahead of their handover.

Other major factors noted have been population shifts from other emirates and other developments in Dubai’s Discovery Gardens and International City projects.

“The reason for this is the attractive rental prices within these developments. In fact, recently, large corporates have looked to lease multiple units for their mid-level staff in International City,” said Alwadiya.

“The Motor City development, too, has witnessed an increase in occupancy rates from end-users and tenants seeking affordable and value-for-money residential units. Influx of people from neighbouring emirates, such as Sharjah, Ajman and Abu Dhabi, has further fuelled growth in occupancy rates within the development.”

How mergers could save the property and financial sectors

Mohanad Al Wadiya, Managing Director of Harbor Real Estate Brokerage, shares his thoughts on upcoming mergers

For many players in the local market, mergers and acquisitions appear to be a logical solution to stay afloat during the global financial crisis. Opinion is divided as to whether these mergers and acquisitions will have a positive or negative impact in the short and medium terms, and it is too early at this stage to predict success or failure. Nevertheless, it seems clear that without these actions, the result would be a freeze in financing facilities and diminishing activity in the property sector, which would have an adverse effect on the overall economy.

Within the financial sector, these kinds of mergers really started as early as last year. It all began when Amlak and Tamweel announced a merger to create Emirates Development Bank in November 2008. The new bank will have access to federal funds and hopes to strengthen the UAE’s home finance sector. The merger news gained considerable media attention and created veryhigh expectations.

In terms of property development, we have seen similar mergers within the last year. Dubai World, the major property and ports conglomerate, recently consolidated its management and property operations of Leisurecorp, Dubai Maritime City, and the Dubai Multi Commodities Centre, all of which it owns. The property divisions of these companies will now be run by Nakheel, another property arm of Dubai World.

There is also continued discussion of a merger between Deyaar Development and Union Properties, with news about the latter having liquidity problems and losing its long-time chief executive recently.

While these developments are important for the sector, the most significant merger in the region is currently being discussed between Dubai Holdings’ ‘Big 3’ companies and Emaar, a most popular developer in the Middle East. Dubai Properties, Tatweer, and Sama Dubai—collectively known as ‘The Big 3’—are fully-owned subsidiariesof Dubai Holding Commercial Operations, a holding company of Dubai Holding Group with total assets of Dh126bn at the end of 2008, as quotes by Emaar.

There is a growing consensus among the officials involved that allowing healthy businesses to acquire companies in jeopardy of failing could stabilise the economy by bolstering confidence in both the financial and property sectors. For some of these companies, merging with a partner that has a strong balance sheet is a pressing and essential step in preventing dissolution. Other benefits include leveraging economies of scale and having stronger negotiation positions with regard to suppliers and contractors. The mergers will allow companies to work together to achieve long-term, strategic benefits by uniting complementary businesses into a single, sufficient and more successful operation. For the property sector, these mergers will also allow consolidated companies to have better control of the overall supply introduced into the marketplace and the quality of the products and services offered. This will definitely have a positive impact on the market in the long run.

On the other hand, there are concerns that these mergers will place heavy burdens on the stronger companies
involved. These partners are not just taking over assets, but may also be inheriting large liabilities and debts. Furthermore, these mergers are likely to generate a lot of uncertainty among the investors and shareholders involved. Investors might have to accept further delays until these mergers are finalised, and will then have to evaluate the impact of the mergers on their investment.

Whatever the impact, the number of mergers involving financial and property organisations is increasing. For these new companies, the ability to provide prompt, transparent, and practical information that guide all stakeholders through the merger process and expected outcomes could make the difference between success and failure from the public’s point of view.

Meadows, Jumeirah Islands top sales transactions

Villlas in The Meadows, Jumeirah Islands and Arabian Ranches have seen increased sales transactions in the past one month. Among apartment buildings, Dubai Marina, Jumeirah Beach Residence (JBR), Downtown Burj Dubai and Jumeirah Lake Towers (JLT) have recorded the maximum number of sales transactions.

“Among villas, Meadows, Jumeirah Islands, Arabian ranches recorded the highest transactions, while from an apartment perspective, Dubai Marina, JBR, Downtown Burj Dubai and JLT have recorded the highest transaction,” Peter Penhall, Chief Executive, Gowealthy.

Gowealthy recorded 20 per cent incremental growth in transactions for November, from October figures.

Vineet Kumar, Head of Sales, Asteco Property Management, said: “The top three residential areas, which have witnessed the most transactional activity in the month of November for apartments sales, have been The Palm Jumeirah, Dubai Marina and Downtown Burj Dubai areas. “The locations which witnessed the most transactional activity in the month of November for villa sales are The Emirates Living Area, Arabian Ranches and The Green Community.”

Kumar said the total number of transactions Asteco supported in the month of November was 48 individual sales. However, some of these transactions were single investors purchasing multiple units so the overall unit numbers were higher than this.”

Liz O’Connor, Director-Residential Sales and Leasing, said: “From a sales perspective, among the villas, Springs/Meadows, Jumeirah Village, Jumeirah Islands stood apart and in the apartments category, it were Downtown Burj Dubai, Jumeirah Beach Residence and Dubai Marina.

“From a rental perspective, Emirates Living [Springs, Meadows, JLT, Discovery Gardens, Jumeirah Village], Marina [JBR, Marina], Dubai Land [Arabian Ranches, Motor City, Sports City] have recorded high number of transactions.”

The sales were about 40 and leases are about 250, according to Better Homes.

According to Mohanad Alwadiya, Managing Director, Harbor Real Estate, Emirates Hills Third and Palm Jumeirah are the areas that have recorded maximum transactions.

According to Penhall, predominantly South Asian (Indians, followed by Pakistanis) have invested into these areas. The GCC nationals form the next largest set, followed by South East Asians/Chinese. “Most of them were end users and finance buyers,” he added.

According to Kumar, the buyer profile has been predominantly the end user. However, there were a few buyers based overseas who have bought properties for rental income purposes with a view to holding their real estate assets for the mid-term (5-7 years). “The buyers on these projects were mixture of individuals from the GCC countries, Russia, India, Pakistan and Western Europe,” he said.

O’Connor said these areas have mostly seen end-users, pre-qualified for a mortgage but those who have access to additional funds to cover the difference if the evaluation of the property was less. We deal with many cash buyers who are looking for the best priced properties in today’s market.”

With respect to price floor in these areas, Penhall said that for a higher trading areas such as well-located villas in Meadows and apartments in certain towers at Marina, expectations are being met to a large extent due to the relatively higher availability and demand parameters. “The selling prices are neither too far out of present reach-market getting more matured, buyers and sellers are getting quite pragmatic on their price expectation factors.”

He added that however, the point to be noted here is that currently, price factors are an indication of distress levels of individual sellers and should not necessarily be construed as a market price index for a particular type of property in a particular community.

Kumar said the sales activity on these projects have tended to revolve around the owners and sellers of properties who have purchased them in the years prior 2008. “Typically these properties can be sold in today’s market with some expectation of premium,” said Kumar.

Alwadiya said mixed nationalities of end-users and investors have invested into these areas. “In general, buyers are more demanding and careful nowadays compared to last year and the previous years and hence they do enough due diligence before purchasing any properties.”

According to Better Homes, the buyer is always looking for the best priced property/value for money.

“We have not seen major prices changes sine the last three month – prices have stabilized in certain areas and you can always find very well priced properties in all areas of Dubai,” she said.

Investors hunt for bargains

Investors hunt for bargains after debt scare

Property sales enquiries have picked up, despite Dubai World’s request to creditors for an extension of debt repayments for its subsidiaries, Nakheel and Limitless, say real estate agents.

Mohanad Alwadiya, managing director of Harbor Real Estate, believes the hike in interest is a result of the debt crisis. “Since the Dubai World announcement, we have recorded a noticeable increase in the number of queries from private and institutional investors who are interested in taking advantage of the impact that the announcement may have on the overall prices of property in Dubai and in Nakheel developments in specific.”

Aditya Awtani, of Fine and Country UAE, has also witnessed a surge in investor interest. “We have already noticed in the last few days that vulture investors are pooling together, forming informal/quasi funds, in order to take advantage of the so-called distress situation.”

Although the Dubai World request caused global markets to plunge and attracted criticism in the international press, Alwadiya feels the situation has been overblown. However, he feels the incident has affected investor confidence. “Since the beginning of the economic crisis, consumers and investors have been extremely cautious. Whether we like it or not, they are fragile. The old adage of ‘once bitten twice shy’ will never be as apt as in the next few months. It is as much understandable as it is unavoidable. Simply put, many people have been hurt by the Dubai real estate crash and they don’t want to be hurt again. In effect, they have lost confidence and trust in the industry and have developed a risk aversion which will take some time to overcome. The recent request by Dubai World for an extension on debt repayment timings, resulting in speculative press coverage around the world regarding Dubai’s ability to avoid defaulting on its debts, will further erode confidence in the emirate. We definitely feel that the international media is blowing this news out of proportion but unfortunately, perception is reality and a major effort will be required to reverse world opinion.”

Aditya says investors with the means should shop around, “It’s a great time if you are a cash buyer, because banks are anticipated to get more tight-fisted, as they will come under pressure in a bid to keep a safety net due to their exposure to Dubai World.”

Myles Bush, managing director, PowerHouse Properties, thinks the debt issue is unlikely to stop the market from rebounding. “I believe in Dubai and am very confident about its property market in the long term.”

Making owners pay service charges a major challenge

A lack of transparency over the cost of maintaining a building, low quality standards and services and confusion over what is covered by service charges have angered owners and led to many refusing to pay the charges, say industry sources.

Adrian Quinn, Chairman of Dubai-based strata management firm Essential Community Management, said that if a building has service fee arrears of 40 per cent, it would not be possible to continue maintaining it internally or externally.

The available funds would have to be used to make payments to the Dubai Electricity and Water Authority, insurance companies, master developers and district cooling suppliers.

Essential Community provide strata management services to more than 40 developers in Dubai and has worked with master developers Emaar and Nakheel.

Quinn said the major challenge for the strata sector in Dubai is making owners pay the building service fees.

“The delay in the enforcement of the strata law is allowing many owners to avoid paying their strata service fees,” he added. “This is due to many developers not wanting to – or not knowing how to – recover the outstanding service fees via the terms and conditions of their contracts of sale.

“Most contracts allow for the developer to sell the apartment or villa in the event of non-payment and also recover all the legal costs and penalties.”

According to a recent survey by Dubai-based real estate broker Harbor Real Estate, the average annual service charges for buildings across Dubai are Dh16 per square foot.

“The highest service charges recorded were in and around Downtown Burj Dubai at about Dh22 per sq ft, while the lowest were in the Greens at Dh11 per sq ft,” said Harbor Managing Director, Mohanad Alwadiya.

“Consumers are no longer able to ignore the pinch of the economic downturn and investors and owner-occupiers alike are starting to evaluate very carefully the impact of service charges on the financial performance of their property and their own personal wealth.”

The survey, shared exclusively with Emirate Business, reveals that the overall average charge for villa communities is Dh2.5 per sq ft calculated on the overall plot size. Charges for villas are highest on The Palm Jumeirah, where the highest are between Dh4 and Dh5 per sq ft. “The lowest price is about Dh1.16 per sq ft for some of the villas in the Meadows community. This is broken down into Dh1.03 per sq ft for the general fund, Dh0.05 per sq ft for the capital reserve fund and Dh0.08 per sq ft for the master community levy,” said Alwadiya.

He said many developers who sold off-plan properties had not calculated the service charges at the time of sale, leaving many investors not knowing what the fees would be until the buildings were handed over.

“This makes it difficult for investors to determine the yield estimates on potential investments and adds a further element of uncertainty in an already uncertain environment. When buyers are considering purchasing properties, a unit that is complete with fees already apparent is more appealing than an off-plan transaction,” said Alwadiya.

“The majority of developers of projects that are still under construction do not provide service charge figures until the building is completed. On the other hand, most buyers and sellers, and even brokers, will not mention this important subject until the final stages of the negotiation process.”

Walid Jaafar, a partner at the Dubai-based Fichte & Co Legal Consultancy, said the official gazette announcement of Law No27 of 2007 on Ownership of Jointly Owned Properties in Dubai – the strata law – was published on December 31, 2007. Article 33 of the law says the legislation will come into effect within three months of the date of publication – ie on April 1, 2008.

“However, the law has still to be implemented,” said Jaafar. “The law does not address the issue of tenants. The law is intended to regularise the relationship between the owners of units in a specific development.

“This matter is usually left to the owner and the tenant to agree on. However, in practice, unless agreed otherwise between the parties in a tenancy agreement, the service fees should be covered by the owner.”

Fichte & Co has not yet seen any cases involving disputes over unpaid service fees, but does not exclude the possibility that a few are being reviewed by courts.

“In the absence of a regulatory law and the absence of any owners’ associations, the only possibility to file such cases lies in the hands of the master-developers or the sub-developers,” said Jaafar. “The claims in such a case would be based on the sale and purchase agreements and the master declarations attached to them.”

Quinn said that, once implemented, the strata law would create more transparency within owners’ associations. “If a building does not use all the budgeted funds in a year, the owners at the annual general assembly would have the right to decrease the next year’s budget or transfer the funds into the sinking fund,” he added.

The law makes it mandatory for every strata to have a 10-year sinking fund to ensure that money is set aside to pay for long-term capital expenditure.

“We at Essential Community automatically create a 20- or 25-year sinking fund to ensure all major plant and equipment are properly budgeted for on normal lifecycle cost structures.”

A strata general manager is appointed by the landlords of the building to create a draft budget, which is then reviewed by a board.

“After it has been approved by the board it is sent to all owners before the annual general assembly and is then approved there,” said Quinn. “After the meeting has approved all the agenda items it is then up to the strata general manager to enact all the motions and ensure they are carried out.”

Quinn said the most important duties of a strata manager are to oversee the facilities management companies to ensure they and their sub-contractors carry out the jobs they are contracted to do.

“There is a major conflict of interest if a strata management company has its own facilities management company,” he added.

Landlords will control what the owners’ association does and how it spends funds through the elected board.

“This means that the individual landlords will have some power in what the service fees will be and be able to rectify things. The enforcement of the strata law will make it possible to split buildings into multiple cost structures,” said Quinn.

“The first is the master cost structure, which would pay the master community service fees, buildings insurance, essential service costs, the managers’ fees, the facilities managers’ fees, district cooling charges, etc.

“The second cost structure would be the residential component of the building, so it would pay all the costs for the specifically residential component, for example lifts, foyers, gyms, pools and car parks. The third cost structure could be then the commercial portion of the building and cover all the commercial areas.”

Jaafar said: “When the owners have control of their buildings they will, through their board, review complaints of tenants and issues to ensure a good relationship is maintained.

“At present a tenant may have problems and issues with the building he is in, but the developer does not want to know about it or does not understand what they need to do to rectify them. There are some developers that are doing a good job in running their buildings, but everyone still has problems with conflicts of interest issues on maintenance items.”

Jaafar said according to Article 25 (2) of the strata law, if a unit owner fails to pay the service fees, the manager of the owner’s association would take action against the owner three months after notifying him through the notary public, enforceable by the execution judge in any competent court.

“However, the unit owner may object to this decision within the three-month period. In such a case, the execution shall be withheld until a decision in the subject of the objection has been reached.” Meanwhile, analysts called for the strata law to be enforced as soon as possible.

Nicole Betts, Senior Manager of Asteco Association Management, said that while Dubai awaited the regulations that supported the jointly-owned property law, Asteco had been working for several years with a number of high-profile clients well ahead of the implementation of the law.

“We have been helping companies establish informal owner associations, set up service charge and budgeting models, set community rules as well as facility management and service provider selection procedures based on best international practices,” she said.

“Some companies are actively encouraging owners to take control for themselves – albeit at this stage this has to be done under the developer’s name.

“A good example is the MAG Group which is dedicated to transparency. We have worked with them from conception of their MAG 214 Jumeirah Lakes Towers project through to delivering onsite management services to an informal owners’ association. Our team works closely with the owners’ management board to assist them to preserve, maintain and enhance the tower.”

Mohammed Nimer, Chief Executive Officer of MAG Group Property Development, said: “We have always operated in an environment of transparency, so it was natural for our company to introduce best practice in property management to enable owners to truly run their own buildings.”

Asteco has also been working with another developer for the V3 Tower, also located at Jumeirah Lakes, where handover to owners commenced recently.

“Our role is to administer day-to-day operations and assist in the formation of an informal owners’ association and a management board,” added Betts.