النظام الأساسي لجمعية الملاك في الملكية المشتركة في التشريع المحلي لإمارتي "الشارقة و دبي" و التشريع الأسترالي : دراسة مقارنة

الملخص EN

Provisions given by statutes in most countries are often not considered sufficient when it comes to the more detailed management of a condominium scheme.

Therefore, special rules adapted to the particularities of each scheme are developed in by-laws, which are binding on owners as well as other occupants within the scheme.

The main purpose of by-laws is to regulate management and administration of the condominium scheme, along with the rights of use for the owners, as well as protecting the interests of the developer, and credit institutions By-laws can be either obligatory or optional.

For the majority of the Arabic countries, they are optional, while they generally are considered obligatory in the United Arab Emirates.

Since they require the unanimous agreement of all owners in order to be created, although in practice drawn up by the developer, they are often considered of a contractual nature.

Most statutes give the developer and owner a certain amount of freedom in making the rules of the by-laws, although there are some restrictions, especially as to not having rules in conflict with the public order or law.

Other statutes list the matters to be included in the by-laws and leave the details to the developer or owners.

Such by-laws can also be provided directly in the statutes, such as when it is possible for by-laws to be supplemented by house rules, which are based on majority resolutions of the general meeting.

Such rules exist, for example, in the Shaijah and Dubai statute.

They usually deal with matters of less importance, for example regulating the daily use of the common property.

There are usually standards for the creation and cancellation of such rules than for by-laws and there is need for these to be registered.