Skycourts' HOA meet called, then postponed

Owners approach Rera asking developer-appointed board follow building constitution

Mace Macro, which handles management of Skycourts, has informed Emirates 24|7 that the proposed Home Owners' Association (HOA) meeting on August 8, has been postponed.

"The annual general meeting has been postponed until further notice. Further details will be circulated to homeowners shortly," the company said in emailed statement.

A number of apartment owners in Skycourts, comprising six high-rise towers of 2,836 apartments in Dubailand, have already approached the Real Estate Regulatory Agency (Rera) to declare their annual general meeting on August 8 “invalid”, citing failure by the management company to meet HOA constitutional obligations.

In a letter, sent to the regulatory agency, the owners claimed that as per clause 13.5 of the HOA constitution they haven’t been given a 21-day notice period; no audited statement for 2011 as per clause 9.1.g of the Constitution and no budget for the proposed service charges for 2012-13 as required under clause 9.1b of the Constitution.

The direction for Association Constitution issued in accordance with Law No. (27) of 2007 concerning ownership of Jointly Owned Properties, which became effective April 13, 2010, states that at least 21-days’ notice in writing of a proposed annual general assembly must be given by the association manager to all owners.

Moreover, the notice should be accompanied by the following: a copy of the minutes to be confirmed; a copy of the annual report of the board; a copy of the annual report of the association manager; a copy of the annual financial statements; a copy of the proposed budget, including proposed service charges, with a copy of a document explaining the service; a copy of any other documents reasonably required for the assembly to consider the various agenda items; and a proxy form.

Apart from failing to meet the required Skycourts HOA regulations, owners allege that Skycourts is deliberately not sending notices to all and there was no need to form another Interim Owners' Association when a full-time Owners' Association could be formed.

“We, therefore, have an apprehension that Skycourts is intentionally carrying out this exercise of annual general meeting with the sole purpose of getting its representatives elected without complying with basic requirements set out in the constitution and by Rera,” the owners allege.

The letter requests Rera to direct Skycourts and Skycourts HOA board/manager to comply with the requirements of the constitution before calling the annual general meeting.

“We urged Rera to form a full-fledged HOA board, clearing all the pending issues and declare the August 8 meeting ‘null and void’,” the letter says.

A notice for the AGM sent by Mace Macro, the HOA management company appointed by Skycourts, on July 23 to an owner, states that only owners, with their names on their registered title deed and have no service charges outstanding, will be eligible to attend and vote.

Owners were asked to send confirmation of attendance by July 31.

An apartment owner, who spoke to Emirates 24|7, on conditions of anonymity, said: “I did ask my bank to provide me with the title deed as I want to attend the AGM.

“However, they informed me that they were awaiting Skycourts to issue the no objection certificate (NOC) following which they will submit the application to Dubai Land Department along with my manager’s cheque.

"Isn't it strange that Skycourts has not issued the NOC for title deed but now wants it to be presented for attendance with too short a deadline?”

He added: “My bank also stated that Skycourts was aware that we are still on a process of flat title deed registration. I do expect to be able to attend the meeting.”

WA, another owner, said, that the notice did not state the venue of the meeting.

“It is so strange that an AGM has been called and the location has not been stated in the notice.”
 

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