Real Estate Developer’s Obligations towards Owners’ Association and Its Legal Issues in the Bahraini Low
Dr Wafa Yaqoob Janahi
Associate Professor of Civil Law
Department of Private Law
College of Law, University of Bahrain
Kingdom of Bahrain
Sara Mubarak AlDosseri
Researcher and a Senior Lawyer
Legal Affairs Section, The Real Estate Regulatory Authority
Kingdom of Bahrain
Abstract:
This research paper focuses on determining the obligations of the real estate developer towards the Owner’s Association under the Bahraini Law, identifying most prominent practical and legal problems resulting from these obligations, and analyzing the adequacy of the legal provisions governing the obligations of the real estate developers under the Real Estate Regulation Law, Law No.27 of 2017 and the amendments made to it in solving these problems.
To illustrate this, this study relied on the analytical method by analyzing the relevant legal provisions in the Bahraini Law, while comparing them with the general rules of the civil code and some comparative legislation for some countries, and the study concluded that the Bahraini legislator regulated the obligations of the real estate developer towards the Owner’s Association under the Real Estate Regulation Law and the amendments contained therein.
However, there are certain provisions that require the attention of the legislator which the study recommended either to address them by proposing new provisions or amending the existing provisions. The most important of which is that the legislator explicitly stipulate the date of entitlement of subscriptions for the real estate developer, and the need to stipulate that the Owner’s Association Manager resorts to amicable settlement and alternative means of resolving disputes before filing a lawsuit, and that the joint property by laws is added within the general assembly meeting agenda.
Keywords: Real Estate Developer, Owners Association, Common Property, General Assembly, Annual Subscriptions