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29 March 2024

Cold treatment to turn heat on errant owners

Published
By Parag Deulgaonkar

Interim Owners' Associations (IOAs) that had earlier stopped issuing access cards to parking and leisure facilities for apartments where service charges were over-due, are now threatening to disconnect the air-conditioning to defaulters as well.

Emirates 24|7 can reveal that notices have been issued by IOAs in Dubai Marina and Tecom area that threaten to stop chiller service to apartments where the landlord hasn’t paid the service charges.

The notice states clearly that the Real Estate Regulatory Agency (Rera) and Dubai authorities have been informed about the decision.

“We will disconnect the air conditioning to apartments of all defaulting owners,” the notice issued by an IOA in a tower in Tecom stated.

“The reconnection charge will be Dh150. It is unacceptable for those owners that do pay promptly to subsidise those that do not pay,” the notice added.

A tenant, staying in a one-bed apartment in the Tecom tower, said: “Previously, my landlord did not pay the service charge and I was barred from getting an access card to the gym and swimming pool.

“I could manage without that, but this time, they [read: IOA] have threatened to disconnect my chiller. “

She adds: “After I come back from work, I don’t want to see my air conditioner not working. It’s a big concern… I have informed my landlord to pay, so I don’t have to suffer.”

An IOA member of a tower in Dubai Marina, who spoke to Emirates 24|7 on condition of anonymity, said: “We have informed our decision to the authorities of disconnecting air-conditioning.

“We will give the owners some time to pay before taking this drastic step,” he added.

What the law says

Legal experts say that IOAs are not legal entities and cannot take steps arbitrarily such as disconnecting chiller connections.

However, most of the buildings in the emirate still don’t have separate chiller metres and the annual cost is included in the service charges.

According to Article (34) of Law No. 26 of 2007 regulating relationship between landlords and tenants, the landlord is prohibited from disconnecting services to the premises or preventing tenants from benefiting from the premises.

Call the cops

However, in the event of occurrence of such incidents,  the tenant shall refer to the police station in the same area to prove the case or to stop such prevention, and also to file a case before the committee, enclosing supporting reports, for compensation of any damages.

Chill, IOAs

Emirates 24|7 reported earlier that Rera has been asking IOAs to install separate chiller metres.

“We are planning to ask IOAs to install separate chiller metres so the tenant pays directly to the service provider for what they consume.

“Property owners will have pay the charges for the common area,” Mohammed Khalifa bin Hammad, Senior Director, Rera, had said.