Sharing the cost of common areas
As a rule, owners bear the cost of maintaining and managing common areas in proportion to the area of their units. Where a common area benefits only some owners, those beneficiaries bear its cost, unless they have agreed otherwise.
Who it applies to
Unit owners in a shared property, the association and its manager, and maintenance providers who price common-area items.
What the source says
The law makes common areas jointly owned, each unit's share being the ratio of its area to the total, and owners share maintenance and management costs in the same proportion (law, articles 7 and 26/1).
For areas that serve identified beneficiaries only, article 34 of the regulation provides that the beneficiaries bear the cost of maintaining and managing them, in proportion to the area of their units against the total area of the benefiting units, unless they agree otherwise. An example is something serving one building but not another within the same complex. Where shared service meters are used, each owner pays what the general assembly decides (article 37).
An owner cannot give up a share in the common areas to escape its cost (law, article 24/3). Sharing cost follows ownership, not individual use.
When it matters to you
If you are an owner, check the cost statement the association prepares to confirm your share follows the area ratio of your unit, or a written agreement that departs from it. If you are a manager or a provider preparing a quote for an association, state whether the item covers all common areas or only a benefiting group. The general assembly takes and records its decisions on Mullak.
What this article does not cover
The page we read gives only the phrase "unless agreed otherwise" in article 34. We have not confirmed the exact wording of that exception or any cases the text lists, so this article goes no further than what we read. This is general information from a published source, not legal advice; official decisions and procedures take place on the authority's platform.
Key points
- Common areas are jointly owned in proportion to each unit's area.
- Costs follow the same ratio by default.
- An area serving a defined group is paid for by its beneficiaries by area of their units.
- In that last case the owners may agree otherwise.
- An owner cannot renounce a share to avoid the cost.
Related provisions
- اللائحة التنفيذية، المادتان 34 و37
- نظام ملكية الوحدات العقارية، المواد 7 و24/3 و26/1