The owners' association bylaws
The ownership law requires an association to be formed and registered once a property has three or more owners of separate units, and registration needs bylaws. The regulation sets what the bylaws must contain, including the powers of the general assembly, voting procedure and manager conditions.
Who it applies to
Owners of separate units, owners' and complex associations, and providers working with an association. Registration and decisions are referred to Mullak.
What the source says
An association must be formed and registered with the Authority once the owners of separate units number three or more. After registration it holds its own legal personality and its own financial liability (article 12 of the law). The bylaws are a condition of registration and accompany the application (regulation, articles 9/2 and 10/3).
Article 14 of the regulation fixes their content: the powers of the general assembly, meeting and voting procedure, manager conditions, financial rules and amendment procedure. An association may add provisions that do not conflict with the law, the regulation or the Authority's decisions. The first general assembly considers and adopts the bylaws (article 15/2(a)), and buying a unit in a complex that has an association counts as accepting its bylaws (regulation 17; law 15).
General assembly decisions are valid with the approval of owners representing at least three quarters of the area of the separate units, unless the bylaws raise that share (article 18/6); where one owner's share exceeds half, that owner's votes are cut to half. The chair is elected for three years, renewable, and the general assembly meets once a year within the three months after the financial year ends (article 18/3 and 18/4).
When it matters to you
If you own a unit in a subdivided property, the bylaws are your first reference for what the association and its manager may do and by what vote. If you are a provider dealing with an association, ask for the registered copy of its bylaws to see who may sign and approve. The association and its decisions are registered on Mullak; Thibrh brings parties together, follows up and refers you there.
What this article does not cover
Each association's bylaws differ in what it adds, so any decision should be checked against that association's registered copy. A ministerial decision amended articles 4 and 10 of the regulation, so check the latest published version. This is general information from a published source, not legal advice; official decisions and procedures take place on the authority's platform.
Key points
- Forming and registering an association is required once three or more owners hold separate units.
- The bylaws are a condition of registration and set the assembly's powers, voting and manager conditions.
- Buying a unit in a complex with an association means accepting its bylaws.
- Assembly decisions are valid with owners holding three quarters of the area unless the bylaws raise it.
- Each association checks its own registered copy, since it may add provisions.
Related provisions
- نظام ملكية الوحدات العقارية، المواد 12/4 و15 و18
- اللائحة التنفيذية، المادة 14 (محتوى النظام الأساسي) والمواد 9/2 و10/3 و15/2 و17