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TR - Rules Undertaking

tiara

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0% found this document useful (0 votes)
39 views

TR - Rules Undertaking

tiara

Uploaded by

Koja Daniel's
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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ACKNOWLEDGEMENT AND UNDERTAKING TO COMPLY WITH COMMUNITY RULES

Homeowner / Tenant
Owner / Tenant Name
Building: Telephone:

Apartment No: Email:

Dear Homeowner / Resident,

We are pleased that you have chosen Tiara Residence as your home. In order to safeguard everyone’s enjoyment of their property at
Tiara Residence, we require that all homeowners and residents abide by the Tiara Residence Community Rules (“Community Rules”
copy attached).

By signing this letter you hereby acknowledge, accept and confirm that you, in your capacity as a homeowner / resident of the above
mentioned property, are fully aware that you may be subject to penalties in the event of Community Rules violations, including
financial violations in relation to Dubai Law No. 27 of 2007 and its regulations, which prescribes measures to procure compliance as
determined by the Association Manager on behalf of the Tiara Residence Owners Association. For the avoidance of doubt, payment of
penalties when levied does not absolve the Owners / Tenants obligations to comply with the Community Rules.

General Violations Penalty (AED)


Keeping pets AED 1,000/-
Disturbing neighbors (noise and nuisance activities) AED 500/-
Abusive and arrogant behavior to management staff / other residents AED 1,000/-
Poor waste management / dumping garbage AED 500/-
Unauthorized storage of items in building common areas AED 500/-
Abuse / damage to Community amenities / facilities, or vandalism AED 1000/-
Improper home appearance AED 500/-
Hazardous activities AED 1,000/-
Abuse of access restrictions to the community amenities (gym / pool / beach) AED 500/- to AED 1000/-
Car Parking Violations Penalty (AED)
Unauthorized use of car park space AED 500/-
Parking in no parking areas (building entrances / driveways / non designated parking) AED 1000/-
Unauthorized storage of personal items in the car park AED 500/-
Usage of visitors parking without approval by management AED 500/-
Misuse of access cards AED 500/-
Unauthorized Modifications and Alterations
All unauthorized modifications entail a penalty of AED 500 or more depending on the extent of damage done. Prior approval must be
taken from management before any modifications are made to the unit, including but not limited to :
• Interior decoration activities including painting
• Any interior alterations
Serious Violations
Serious violations like the ones mentioned below or that are in contravention of the Community Rules and laws applicable within the
Emirate of Dubai are dealt with strictly and include hefty fines and reporting to the local authorities as deemed necessary.
• Subletting / short lets of the property
• Multiple families or unauthorized number of occupants living in a single unit
• Hazardous activities
• Abuse of community staff / household staff
• Contravening any terms and conditions of the Island Community Rules and Regulations of Nakheel

UNDERTAKING
I hereby acknowledge that I am fully aware of the violations mentioned above as well as those mentioned in the Community Rules
provided to me and I hereby undertake to abide by all the rules and regulations applicable to Tiara Residence.
I hereby acknowledge and understand that the rules and regulations apply to my tenant (if signed by owner)
I hereby acknowledge that I am responsible for the compliance of the Community Rules by my visitors to the property

____________________ ____________________ ____________________


Name Date Signature
Encl: Passport Copy / Tenancy Contract or Sales Agreement / Title Deed
TIARA RESIDENCE
MASTER COMMUNITY RULES

This document was prepared by wasl Properties – Association Management (wOAM) for Zabeel Investments for guidance on the
rules applicable to Tiara Residence. No part of this document may be copied in partial or whole, reproduced without the
authorization of wasl properties – Association Management / Zabeel Investments. Information and related materials are subject
to change based on requirement as determined and final approvals from the regulatory agencies.
Direction for Association Constitution (Dubai Law)

Part 11 from Association Constitution


Community Rules
The Community Rules applying to the Owners Association are those in the Jointly Owned
Property Declaration as amended in accordance with this Constitution and the law.

The Community Rules may be amended by Simple Resolution of the General Assembly, provided
such amendment is registered in the Register. An amendment to the Community Rules must not
be in conflict with the Law, any other law, this Constitution or any direction of RERA.

The Community Rules must be observed by all Owners and Occupiers, who must also ensure that
their guests and visitors observe them.

Part 12 from Association Constitution


Disputes
If a dispute arises the parties must endeavor to resolve the dispute by referring it to mediation
or conciliation. This may be conducted by the Owners Association, if it is not a party to the
dispute, or any other person agreed by the parties to the dispute. Each party to the dispute shall
bear their own costs of the mediation or conciliation but the costs of the mediator or conciliator
shall be borne by the parties equally.

If a dispute is not resolved by mediation or conciliation the parties to the dispute may agree to
refer the dispute to private arbitration. The terms of such referral must be agreed by the parties
or, in the absence of agreement, any terms specified by RERA will apply.

If the parties cannot agree on referring the dispute to private arbitration, then either party to
the dispute may make application for resolution of the dispute under the dispute resolution
process established to resolve disputes relating to Jointly Owned Property. (Administered By
RERA.)
OBSERVANCE

Observance
The duties and obligations imposed by these Community Rules on an Owner or
Occupier of a Unit shall be observed not only by every Owner but by their occupiers,
agents, contractors, employees, family members, guests, invitees, lessees, licensees,
servants, and any other visitors.

Observance of Higher Authorities Rules


In addition to the duties and obligations imposed by these Community Rules all
Owners, Occupiers and others are equally bound by any duties and obligations
imposed by a higher authority, including:

The Master Community and any rules and regulations imposed by this authority in
accordance with the Master Community Declaration and any other requirements of
the Master Developer;

Any and all other Relevant Authorities; and the Applicable Laws of Dubai.
INTRODUCTION

Community Rules are for the benefits of Owners and Residents and are designed to create an environment in
which all Owners and Residents can maximize enjoyment of their homes and the various Common Areas and
Facilities. The Community Rules are designed to ensure a properly maintained and managed community in Tiara
Residence. These house rules are implemented to maintain harmonious social behavior amongst Occupants in the
Buildings and the Shared Facilities. In order to maintain a serene and attractive living environment, Occupants
should ensure full understanding of the Community Rules herein, to abide by them and to encourage others to do
likewise.

It is also the intent of these rules to create a serene, attractive and safe environment for the families, children,
neighbors, and guests of the Community and Master Community. Adherence to these rules will maintain, preserve,
enhance, and protect the property values and assets of the community.

The rules set out in this document shall be read in conjunction with all the clauses set out in the Declaration.
Notwithstanding this, any rules and regulations released by the competent authorities in Dubai shall supersede in
part or full of the rules set out in this document.

Violation of any of the Community Rules will be uniformly enforced, with a Notice of Violation and applicable
Violation Penalty.
1.0 DEFINITIONS

1.1 Master Community Rules / Community Rules / Rules – mean the Master Community Rules / Community
Rules as set out in this document and such further rules and regulations the Association may make from
time to time pursuant to the Declaration.

1.2 Master Community Declaration / Declaration – means the governing documents of the community
including this document with the schedules thereto as may be amended from time to time.

1.3 Master Developer / Developer – means Zabeel Investments, or any of its subsidiaries, nominees, assigns,
successors or successors-in-title.

1.4 Owner – means the Owner of a Unit including an Owner Whose title registration is pending and including
his heirs, successors-in-title and permitted successors and assigns.

1.5 Tenant / Lessee – means a person or corporate body renting a property from the Owners.

1.6 Resident / Occupier / Occupant – means any person occupying or visiting a Unit owned by an Owner,
including such Owner’s lessees, tenants, visitors, servants, agents, employees, guests, family members,
clients, customers, patients or business associates.

1.7 Unit / Property / Home / Household – means a unit or units of the Common Property, such as any
apartment, floor, part of a land, office or shop, etc., with or without dedicated parking space, located in a
Common Property, and owned by an Owner or by the Developer.

1.8 Common Area – means all open areas, services, facilities, roads, pavements, water features, gardens,
utility and administrative buildings or areas, installations improvements and common assets in the Master
Community and/or in each Common Property, as more specifically determined in the attached Master
Plan, which are intended for use by all Owners and the Developer and that do not form part of the title of
any Unit.

1.9 Common Property – means the entire building or any part thereof and/or the plot of land in the Master
Community which is divided into Common Areas and Units allocated for freehold Ownership, and in
respect of which a separate Owners Association is established.

1.10 Master Community: means the entire Master Community Known as Tiara Residence, The Palm Jumeirah,
Dubai, which is to be divided into Common Properties and Common Areas in accordance with the Master
Plan or any amendment thereof and includes any and all extensions of the Master Community from time
to time. For the avoidance of doubt, each Common Property includes Units and Common Areas.
1.11 Community – means the residential community as shown on the attached map comprising individual units
plus Common Areas including roads, parkland, children’s play areas, paths and other facilities.

1.12 Community Manager – means the manager appointed from time to time by the Board of the Owners
Association to maintain and manager the Community on behalf of the Owner’s Association.

1.13 Management: - means the Owners Association, Board, Community Manager and/or any of its assignees.

1.14 Owners’ Association / Association – means the association of all the Owners in any jointly Owned
Property in the Master Community, when such an Association can be legally established, until which the
Developer shall fulfill the role.

1.15 Board / Board of the Owners’ Association – means the board constituted in accordance with the Owners
Association regulations when established, until which, the Developer shall fulfill the role.

1.16 Services Fees / Service Charges – means the fee for the program of maintenance, management, security,
upkeep, renewal, repair and replacement of the roads, landscaped areas, boulevards facilities and all
other areas constituting the Common Property of the Development, including without limiting the
generality of the foregoing, costs of water, electricity, equipment, and other expenses and the
employment of contractors, employees, managers and workmen associated with these tasks plus the
costs of administration.

1.17 Special Levy: means a one – time levy to cover a major expense that was not included in the annual
budget or capital reserve fund. Special Levies may apply to construction of new structure or facilities
requested by the majority of Owners and approved by the Board.

1.18 Master Community Levy: means the fees for the program of maintenance, management, security,
upkeep, renewal, repair and replacement of the roads, landscaped areas, boulevards facilities and all
other areas constituting the Common Property of the Master Community, including without limiting the
generality of the foregoing, the costs of water, electricity, equipment, and other expenses and the
employment of contractors, employees, managers and workmen associated with these tasks plus the
costs of administration.

1.19 Capital Reserve Fund / Sinking Fund – means a separate annual fee for capital replacements, kept in
reserve for any emergencies, as well as for investing in improvements and additional facilities for the
Community at the discretion of the Board.

1.20 Notice of Violation: A Notice of Violation is a formal citation that informs a person that a Community Rule
or a permit condition has been violated. The purpose of the Notice of Violation is to initiate corrective
action that will stop the violation may also result in Violation Penalties.
1.21 Violation Penalty: A Violation Penalty is the result of a Notice of Violation where corrective action has not
taken place. Violation Penalties are often monetary fines, but may include reporting of the Violation to
the Local Authorities.

1.22 Architectural Guidelines: means and refer to those certain architectural standards, landscape standards
and other general policies, procedures and criteria, with respect to home improvement which may be
adopted by the Board.

1.23 Local Authority: means the governing authorities of the Emirates of Dubai including but not limited to
Police, Immigration, RTA, DEWA, Civil Defence, Municipality, RERA, and Land Department. In short any
government body that has jurisdiction over the Master Community.
2.0 GENERAL RESTRICTIONS

2.1. Noise and Nuisance Activities

2.1.1 No nuisance, obnoxious or offensive activities shall be carried out on any part of the Master Community,
nor shall anything be done or maintained on any part of the Community including a Resident’s premises
which may be or may become an annoyance or nuisance to the neighborhood or interfere with the quiet
enjoyment by any Owner or Resident.

2.1.2 Such nuisances include but are not limited to odors, smoke, vibrations, and obstructions of views;
Offensive noises include but are not limited to those that are caused by televisions, stereos, musical
instruments ,revving car engines, revving motorcycles and car stereos. Noise is considered to be too loud
if it can be heard by adjacent neighbor when inside their house with their windows and doors closed.

2.1.3 All work related to construction, repairs or renovations are allowed only from 8:00am to 5:00pm Saturday
through Thursday excluding public holidays. The Management reserves the right to temporarily delay any
works subject to reports of disturbance / related maintenance in the area as may be deemed necessary
from time to time.

2.1.4 Owners and Residents shall take all reasonable steps to ensure that their invitees do not behave in a
manner likely to interfere with the peaceful enjoyment of Owners or Residents of other units, or any
other person lawfully using Common Property or areas within the Master Community.

2.2 Privacy

2.2.1 No activities shall be carried out in any part of the Master Community that may unreasonably interfere
with a resident’s right of privacy within that resident’s residence.

2.3 Abuse of Community Staff

2.3.1 Owners and Residents are to treat all staff members of the Community and Structures therein in a cordial
manner. Verbal and/or physical abuse will not be tolerated and will be treated as a serious violation of the
Rules. Complaints regarding the mistreatment of employees and/or vendors should be presented in
writing to the Community Manager and if necessary to the Board.

2.4 Pets & Pet Management

2.4.1 Owners, Tenants and Residents, shall not bring an animal onto the Common Property of the Master
Community, or keep an animal within their respective unit/household, within the Master Community.

2.4.2 Owners, Tenants and Residents, shall not permit an invitee/guest to bring an animal onto the Common
Property of the Master Community, or keep an animal within their respective unit/household, within the
Master Community.
2.4.3 If a person is blind or disabled, they are entitled to be accompanied by a guide dog/special assistance dog,
while in the Common Area of the Master Community, and within a unit/household. If the person is an
Owner of a unit, they are entitled to keep their guide dog/special assistance dog within their
unit/household, within the Master Community.

2.4.4 In such cases, sufficient medical documentation to prove necessity for guide dog/special assistance dog
must be provided to the Owners Association Manager and Management Board prior to the Owner or
Resident commencing occupancy of the unit/household.

2.4.5 Such Owners shall use their best endeavors to ensure that the animal does not cause any disturbance to
other unit Owners.

2.4.6 Such approved animals must be housed and cared for in a humane manner and in accordance with best
international practices on animal care.

2.4.7 Such approved animals shall be restrained adequately within the Master Community when not within the
boundary walls of a property.

2.4.8 Any dog feces deposited upon any portion of the Master Community shall be promptly removed and
properly disposed of in a sanitary manner by the dog handler, or their care/representative.
Noncompliance to these rules may result in Notice of Violation been issued to the defaulter.

2.5 Hazardous Activities

2.5.1 No open fires shall be lit or permitted within the Master Community.

2.5.2 Activities or conditions which endanger the health and/or safety of others are prohibited.

2.5.3 Owners or Residents shall not bring onto, or do anything within their unit, which shall increase the rate of
fire insurance for the Owners Associations, or which may conflict with laws and regulations relating to
fires or any insurance policy held over the Owners Association or the regulations of any public authority.
This also includes but not limited to use of Barbeque, storage of gas cylinders, on balconies.

2.6 Dumping and Trash Management

2.6.1 An Owner or Resident shall not deposit or throw on the Common Property any rubbish, dirt cigarette
butts, sawdust, rocks, grass, solid waste or any type of refuse likely to interfere with the peaceful
enjoyment of the Owners/resident of another unit, or any other person lawfully using the Common
Property.

2.6.2 Throwing cigarette butts or any other materials from the balcony is expressly prohibited.

2.6.3 Owners and Residents must make separate arrangements, at their own cost, for the disposal of large and
or/heavy items, including, but not limited to unwanted furniture. For the avoidance of doubt, all/ any
waste generated at the time of move in/move out from Tiara Residence must be removed by the owner
or his tenant at the time of move in/move out as applicable.

2.6.4 Owners and Residents are to ensure all household waste is placed on the appropriate receptacle provided
in the service room at each floor.

2.6.5 Owners are to assist in keeping such areas clean and dry by securing garbage bags prior to placing in the
receptacle and being mindful of hygiene, health and comfort of all Owners and Residents.

2.6.6 Owners and Residents may be issued a Notice of Violation by the Owners Association or by its Community
Manager for any violation to the above Rules. A violation Penalty may be levied on the offending party.

2.7 Littering and Vandalism

2.7.1 The act of littering, graffiti or vandalism is expressly prohibited within the Master Community and the
Owner Shall be held liable for the cost of cleaning, repair or replacement resulting from any such
prohibited activity carried out by Residents of his property. All incidents of serious vandalism will be a
reported to Dubai Police for their further action.

2.7.2 All Owners are to note that the cost of reinstatement of the item or area that has been vandalized shall be
directly charged to those individuals found to be causing the vandalism. In the event that the individual(s)
causing the vandalism cannot be found, the costs to reinstate shall be included as a cost that will be
recovered from the Annual Service Fees.

2.7.3 Littering is not permitted and must be always disposed in the waste bins provided across the community.

2.8 Use Restrictions

2.8.1 Unless otherwise stated, properties in the Master Community are designated as residential units for the
use of single-families. As such, only Owners and Tenants and their direct family members, guests and
domestic employees may occupy a residence within the Community.

2.8.2 Companies may not accommodate bachelor employees in the Community, if the premises are being
shared with other bachelors.

2.8.3 No business or commercial activity to which the general public is invited shall be conducted within any
Unit designated as residential within the Community without written permission from the Owners
Association.

2.8.4 All leases shall be accompanied by a signed undertaking of the Lessee that all Community Rules shall be
strictly adhered to by the lessee. However, in all cases, the Landlord or Owners shall be liable to the
Owners Association.

2.8.5 No short-term letting or letting to other than single families shall be permitted. For the purpose of these
Rules, short-term letting is defined as leases that are less than six (6) months in validity.
2.8.6 No partitioning of the Unit for the purpose of letting out individual rooms will be permitted.

2.8.7 The Owners is responsible for ensuring that all occupants comply with all the requirements of these Rules.

2.8.8 No Owner or Resident shall engage in any activity upon the property that is in violation of any federal laws
and decrees, local laws, and Sharia’h law as applicable in Dubai or in the United Arab Emirates

2.8.9 Owners shall strictly adhere to the terms of easements and restrictions benefiting or burdening the Unit.

2.8.10 Owners shall carry property insurance for the full replacement cost of all insurable improvements and
contents in his Unit. Owners agree that in the event of damage to or destruction of structure on or
comprising his Unit, the Owner shall promptly proceed to repair or to reconstruct in a manner consistent
with the original construction or such other plans as are approved by the Developer or Owners
Association. Owners shall pay all costs which are not covered by insurance proceeds.

2.9 Household Staff

2.9.1 Unit hold staff, including (but not limited to) unit maids, drivers and cooks, should hold a valid residence
visa issued by the Dubai Naturalization and Residency Department. Not holding valid sponsorship visa will
deny permission to the building and cases will be reported to appropriate authorities.

2.9.2 Unit hold staff must not use the Common Facilities available to Owners and Residents only. However,
maid may accompany children to swimming pool. All unit hold staff must be registered with the
Community Security and obtain an identity pass must be carried at all times by the unit hold staff.

2.9.3 Owners and Tenants are fully responsible if they are found accommodating household staff not directly
sponsored by them. Owners and Tenants are liable for criminal prosecution by the appropriate as per the
dictates of the law.

2.9.4 Household staff, including (but not limited to) housemaids, drivers, cooks, and gardeners are not to
congregate on Common Areas within the Master Development, designed for the enjoyment of Residents
and authorized users.

2.10 Contractors and Workmen

2.10.1 Owners and Residents are not to directly instruct any contractors or workmen employed by the Owners
Association unless so authorized. Instructions to contractors or workmen are to be given by the
Community or Facility Manager.

2.10.2 Owners and Residents shall, upon receiving reasonable notice from the Community or Facility Manager,
on behalf of the Owners Association, allow A representative of the Management Board, contractors, sub-
contractors, workmen, or any other person authorized, the right of access to a unit for the purpose of
carrying out works or effecting repairs.

3.0 USE OF FACILITIES AND ACCESS REGULATIONS


3.1 Recreation Areas, Common Areas and Landscaped Areas (Shared Facilities)

3.1.1 The Common Areas and Facilities are for the exclusive use of Owners and Residents, their direct family
members, and guests. Owners and Residents shall limit the number of guests using the facilities to ensure
access to the other Residents is maintained at all times. The Community Manager reserves the right to
assess whether the number of guests accompanying the Resident is indeed reasonable or not.

3.1.2 All persons using the Master Community’s shared facilities and equipment do so at their own risk and
must adhere to the Rules and regulations posted in various locations throughout the interior and exterior
of the facilities. Specifically, pedestrians shall have right of way on footpaths. Joggers or person using any
other recreational means shall give way to pedestrians on the footpath.

3.1.3 Failure to comply with the Rules may result in the Owner or Resident being prohibited from using the
facilities. Severe violations of the regulations may result in the Owner or Resident being permanently
prohibited from using the facilities.

3.1.4 All children below the age of fourteen (14) years old must be supervised at all times by a parent or
guardian aged eighteen (18) years or older.

3.1.5 Owners and Residents wishing to hold private functions in any Common Areas within the Master
Community must obtain prior permission of the Owners Association and shall limit the number of guests
to no more than eight (8) persons, in order to ensure that access for other Residents is maintained, unless
prior permission for a larger number has been obtained from the Community Manager. The Owners
Association may require the payment of a deposit and the Resident will be responsible for any damage or
cleaning costs arising from the function.

3.1.6 Any damage to property or amenities in the Common Areas will be chargeable to the individual
responsible for causing the damage or, if they are a minor, their parent or legal guardian or the Owner of
the property in which they are a Resident or guest. Any serious damages that may result in subsequent
death or injury of users will be promptly reported to the local law enforcement body.

3.2. Swimming Pools

3.2.1 Invitee or guests are not to use the swimming pool without the Owner or Resident accompanying them or
without a life guard and/or pool supervisor on duty.

3.2.2 Owners / Residents must obtain prior entry permission from the Association Manager for their guests
who would be issued temporary guest access pass by paying temporary guest access fees.
3.2.3 Owners / Residents will be responsible for strictly adhering to hours of operation, and for any damage or
cleaning costs due to their action or non-actions.

3.2.4 Running, jumping or pushing is not allowed anywhere within the pool areas.

3.2.5 No diving or acrobatics is permitted by or in the pool.

3.2.6 No activities are to be undertaken that would affect the peaceful use of the facilities by other Residents
including excessive noise.

3.2.7 Children under the age of fourteen (14) years must be under the supervision of an adult at all times.

3.2.8 In the interest of hygiene, all persons are required to shower prior to using the pool or Jacuzzi.

3.2.9 Infants and toddlers are prohibited to wear disposable diapers in the pool. Suitable infant swimming attire
must be worn, namely specially designed waterproof diapers or pants.

3.2.10 All rules and regulations posted at the pools by the Owners Association and/or the Community Manager
must be adhered to.

3.2.11 Alcoholic beverages are not to be taken into or consumed in the swimming pool area, unless purchased
specifically at the licensed pool bar. Offenders will be referred to the Dubai Police.

3.2.12 The decision of the lifeguard and/or pool supervisor regarding pool safety and what is disturbing to other
Residents is final.

3.2.13 The swimming pool is only to be used between the hours as specified on pool signage, and whilst a
lifeguard and/or pool supervisor is on duty.

3.3 Service Plant, Filtration and Telephone Rooms / Structures

3.3.1 The service plant, filtration, telephone rooms and all such other utilities contained within the Master
Community and buildings are strictly out of bounds to unauthorized persons.

3.4 BBQ areas

3.4.1 Designated BBQ areas can be used by the Residents on a first come first serve basis. BBQ users are
requested to be considerate and limit usage of the BBQ grills to allow usage of the facility by fellow
residents.

3.4.2 The BBQ grills must be operated by adults only, familiar with the usage of the grill equipment for the
safety of their families, guests and other residents in Horizon Tower.

3.4.3 Residents are required to ensure that the BBQ grills and affected area are cleaned after use as a courtesy
to other users of the BBQ facility.
4.0 VEHICLES & PARKING RESTRICTION

4.1 Electronic Access Control

4.1.1 A proximity card access system provides access to each residential level, the lower basement levels and
the podium level via card readers located at all entries.

4.1.2 A video intercom system has been provided to control guests’ entry to the community. Video intercom
stations are located at the entry points of all ground floor lobbies. These are operated by the homeowner
from their property.

4.2 Access Control

4.2.1 Only bona fide Owners, Residents and their families, domestic employees and guests are allowed into the
Community. Delivery personnel and taxi and school bus drivers are also allowed into the community for
the express purpose of delivering to or dropping off or picking up Residents.

4.2.2 All Residents are required to carry their access cards at all times. Residents may be randomly requested to
produce their access cards by the Security, Association Manager or Facility Manager for verification
purposes.

4.2.3 Service providers, building contractors and handymen are permitted to enter into the community only
with approved entry permits and documents issued by the Community Manager.

4.2.4 Owners or Residents shall not, without the prior approval of the Management Board, duplicate a key or
access control and shall take all responsible precautions to ensure that the key or access control is not lost
or handed to any other person other to another unit Owner within the Owners Association.

4.2.5 Owners or Residents should notify the Community or Facility Manager immediately if a key or access
control is destroyed or lost.

4.2.6 Move in rooms, loading bays and the use of service lifts and nominated passenger lifts are to be used
according to its purpose.

4.3 Parking

4.3.1 The Owner of each unit identified in Schedule A of the Master Community Declaration is granted the
exclusive use of the car parking space identified in the ‘Allocation of Exclusive Use Areas’ Schedule under
the following conditions.
(a) The Owner shall not construct any structure in the car parking space, without the consent of the
Owners Association;

(b) The Owner is responsible for keeping the Car parking space in a clean and tidy condition and, falling
that, the Owners Association may do so at the Owners expense;

(c) The Owner acknowledges that services for the building may run through and across the car parking
areas and Owners must allow the Facility Manager or any service contractors appointed by the
Owners Association access to the car parking areas for the purpose of maintaining, repair, or
replacing the services.

4.3.2 Residents and their guests must use their car parking space as the primary location for parking their
vehicles; car parking space shall not be used for storage of any goods and/or materials therein, nor use
any portion of the Car Parking space for a workshop or other use if such storage or use would prevent the
homeowner from parking the required number of vehicles that the car parking space was intended.

4.3.3 Parking on the pavements or gardens or any lawn area is strictly prohibited. Violating vehicles will be
towed away at the vehicle Owner’s expense.

4.3.4 No Overnight parking of any unauthorized motor vehicle – as defined by Dubai Police as fit for use on the
public roads- shall be allowed on any street within the Master Community, unless approved in advance by
the Community Manager.

4.3.5 Oversized vehicles may not be parked in the parking bays with the exception of delivery and removal
vehicles while performing services for Residents. An oversized vehicle is deemed to be any vehicle that
does not fit into a residential unit’s car park space.

4.3.6 No dune buggy, water craft, water craft trailer, truck, recreational vehicle, mobile home, motor home, van
or camper shell which is detached from a vehicle shall be parked within the common areas, underground
car park or anywhere else within the Master Community without approval of the Community Manager.

4.3.7 No inoperative vehicles may be parked within the master community at any time.

4.3.8 No motor vehicle or trailer of any type shall be constructed, reconstructed or repaired in the Master
Community in such a manner as to be visible from a neighboring property.

4.3.9 Owners and Residents are responsible to see that their guests and families and employees obey these
parking Rules.

4.3.10 Vehicles are not to be parked in a handicapped parking space without a handicap placard or similar
authorization.
4.3.11 Vehicles are not to be parked in a manner which interferes with any entrance to or exit from either the
Community or any residence therein.

4.3.12 Unassigned parking spaces may not be used for parking vehicles at any time without approval of the
Community Manager. An owner / residence shall not park his vehicle in “No Parking” areas, driveways,
fire hydrants, fire engine access route and all other areas not designated for parking purposes.

4.3.13 No dismantled or wrecked vehicle or equipment shall be parked, stored or deposited within the
Community.

4.3.14 No trailer, truck, boat or recreational vehicle shall be used as a living area within the Community.

4.3.15 Owners/ Residents may not use the visitors parking at any time without prior approval of the Association
Manager.

4.3.16 Violations to parking rules will be reported to the Local Authorities, at the discretion of the Community
Manager.

4.4 Road Usage and Road Safety

4.4.1 The maximum speed limit is 15 km /hour, however, in all instances, the posted speed limit signs will apply.

4.4.2 No motorized vehicle of any kind may be operated in any manner which is dangerous, noisy or which
creates a nuisance. Any violation of the speed limit or driving considered to be dangerous by the
Management shall be deemed to be a serious violation of the Rules and shall be dealt with accordingly.

4.4.3 The operations of dirt bikes, trail and quad bikes, sand buggies, off-road vehicles, and non-licensed
motorized vehicles is not permitted anywhere in the Master Community.

4.4.4 Vehicles that drip fluids or that damage the surface are to be removed or repaired. The Owner will be
responsible for the cleanup and/or repair or the reimbursement to the Owners Association of the cleanup
and/or repair.

4.4.5 Car Stickers and/or access cards provided at the time of handover of property may only be used by
Owners and their Tenants and promptly returned once the Owner or Tenant transfers /vacates the
property.

4.4.6 Pedestrians always have the right-of-way on walkways and footpaths.

4.4.7 No parts of the streets, walkways and footpaths shall be used for the storage of personal items or
material.
4.5 Commercial Vehicles and deliveries

4.5.1 Commercial vehicles may not be visibly parked or stored within the Master Community except
temporarily for a maximum of four (4) hours while providing a delivery or service to the Management or
to a Resident.

4.5.2 Goods / service deliveries to units must be accompanied by proof of delivery / Purchase Order for
provision of access to the delivery crew.

4.5.3 All deliveries ( with the exception of food /grocery/laundry service) must be registered with the security
control room to maintain and monitor access control for the development

4.5.4 No vehicles are permitted on the podium with the exception of security patrol and emergency vehicles.

4.6 Emergency or Temporary Maintenance and Construction Vehicles

4.6.1 The provisions of these rules shall not prevent any reasonable emergency vehicle repairs or operation of
any emergency vehicle, ambulance, etc. within the Master Community.

4.6.2 The provisions of these rules shall also not prevent the reasonable operation or temporary use of
construction trailer, vans, or other trucks, machinery/equipment, construction shelters or facilities
maintained during and used exclusively in connection with the construction of any improvement
approved in writing by the management.

4.6.3 Major repairs shall not be conducted to any vehicle of any kind in car ports or in Common Areas except
for emergency repairs to the extent necessary to enable the vehicle to be moved to a proper repair
facility.

4.6.4 Changing vehicle oil or other automotive fluid is prohibited in the Common Areas.

5.0 SECURITY – HEALTH CLUB, POOL / BEACH

5.1.1 The Pool/Beach Security will be managed by the Tiara Health Club under the direction of the Management
through the Association Manager.

5.1.2 New owners are required to register for the Tiara health Club Membership Card by completion of the
registration form and submission of documents for validation.

5.1.3 A nominal administration fee will apply for issuance of Tiara health Club Membership Cards.
5.1.4 On arriving to the premises all residing residents mandatorily check-in/register at the Health Club front
Desk by presenting their photographic gym membership card.

5.1.5 Upon registering every resident will be issued an exclusive complimentary Tiara Beach Towel.

5.1.6 Towels are to be returned to the Health Club before leaving the area and your ID card will be returned to
you.

5.1.7 A visitors ‘fee (applicable to all children 4 years and above) will be implemented and applied to all invited
non-residents without exception. A day-use fee at 200 AED will entitle guests to use: swimming pool,
private beach, gym and other complementary facilities. Guests are to follow a check –in procedure:

(a) On arriving to the premises residents are obligated to accompany Visitors to the Health Club front
desk for check-in and submitting required identification.
(b) All Guests (non-residing Tiara residents) shall pay the day- use fee (AED 200) at the Health Club front
desk.
(c) Once registered Guests will be issued an exclusive complimentary Tiara Beach Towel.
(d) Towels are to be returned to the Health Club before leaving the area and identification will be
returned to the Guests.

5.1.8 Tiara Health Club Membership cards will be automatically invalidated upon transfer of property.

5.1.9 The Management reserves the right to adjust the rules for access to the facilities based on the needs and
requirements of the community / situations that may arise or as may be required from time to time at
little or no notice.

5.1.10 The Management reserves the right to increase / decrease charges and increase / decrease numbers of
guests, or disallow guests from coming onto the site. (e.g. Holiday seasons, weather conditions, etc ) Such
rights may be exercised with caution and as determined based on the usage of the facilities with priority
consideration for residents.

5.1.11 All residents will be required to comply with the rules and assist the management to maintain communal
harmony for overall community wellbeing.

6.0 MAINTENANCE AND AESTHETICS

6.1 Garden Areas and Landscaping

6.1.1 Owners or Residents are not permitted to ring bark, cut down, remove, lop, poison, injure or willfully
Destroy the whole or any part of any tree or shrub located on the Common Property without first making
written application to and gaining written approval from the Owners Association.
6.1.2 Owners or Residents shall not plant any additional trees and shrubs on Common Property without prior
written permission from the Owners Association.

6.1.3 Owners or Residents shall not, except with the approval in writing from the Community Manager on
Behalf of the Owners Association, use for their own purposes as a garden, any portion of the Common
Property.

6.1.4 Owners and Residents are required to report to security on any incidents of damages being caused by
users of the common area landscaping and also refrain from causing any damage to plants and shrubs.

6.1.5 In the interest of safety, it is not permitted to climb on the artificial water features in the development.
Owners and residents are required to also inform their household staff to refrain young children from
climbing the water features.

6.1.6 The garden areas and landscaping are designed for light activity use only. Any cost of reinstatement of
the item or area that has been damaged (excluding normal wear and tear) shall be directly charged to
those individuals found to be causing the damage. In the event that the individual(s) causing the damage
to common property cannot be found, the costs to reinstate shall be included as a cost that will be
recovered from the Annual Service Fees and will be considered as vandalism.

6.1.7 Owners and residents are required to ensure that the common areas are not damaged by graffiti at any
time and to use the facilities provided at the Tiara Kids club for the same.

6.2 Pest Control

6.2.1 Each unit should be routinely controlled for pests prior to the occupancy of the property by the Resident.

6.2.2 Owners and Residents will be responsible, at their own expense, for any further pest control required
within the boundaries of their own property. Owners and Residents may opt to obtain pest control
services / consultancy assistance from the pest control team for the common areas on chargeable basis.

6.2.3 Owners and Residents are, however, asked to inform the Community Manager of any pests other than
ants, non-poisonous spiders, bees and wasps found on their property.

6.2.4 The Owners Association will be responsible, on an on-going basis, for pest control of all the Common
Areas of the Community.
7.0 HOME APPEARANCE

7.1 Windows

7.1.1 Windows are not to be covered by paper, paint, tinfoil, sheets, or similar items.

7.1.2 Windows screens must be maintained in good condition. Damaged screens are to be repaired or replaced
by the Resident.

7.1.3 The installation of safety screening at the windows or balconies must be of a translucent material and
requires the approval of the Owners Association prior to installation.

7.2 Exterior Attachments

7.2.1 Outside television, radio, satellite or similar types of antennae may not be installed at any time.

7.2.2 Nothing may be attached to the exterior of the building or car port (where relevant) without the approval
of the Management Board. Such items may include awnings, pergolas, shade cloth, shade or protective
sheeting, etc. Permission will only be granted for material of the same wooden material or paint shade as
the exterior of the property.

7.3 Laundry

7.3.1 Hanging of laundry outside on clotheslines, balconies, or other apparatus visible to other Residents from
the street or the external common area is not permitted.

7.4 Holiday/Celebration Decorative Lighting

7.4.1 Temporary Holiday or Festival lighting is permitted in individual units during Eid and other festive and
national holidays.

7.4.2 Flashing decorative lights, or lighting that creates glare visible from outside the property is not permitted.
White color string lights are preferred. Clarification on the appropriateness of decorative lighting will be
determined by the Community Manager.

7.4.3 Permitted decorative lighting for holidays and celebrations may be installed and illuminated ten (10) days
before the holiday or celebration and must be removed not later than ten (10) days after the holiday or
celebration.

7.4.4 Lighting decorations causing complaints from neighboring Residents must be turned off or removed upon
request.
7.5 Balconies and private Garage (where applicable)

7.5.1 Balconies and private garage areas may not be used for storage of any storage units, boxes, refuse,
unused furniture, cabinets, automobile parts, recyclable materials, storage and/or recycling containers,
woodpiles, clothes drying racks, barbecue grills and/or other equipment, bicycles, or any children’s
tricycles, wagons, strollers, skateboards, scooters, slides and playhouses so as to be visible to other
Residents from the street, podium or the ground level of a neighboring unit.

7.5.2 Rugs, drapes, towels or other articles shall not be draped or hung on balcony railings, from windows, or
from clotheslines which are visible above the balcony glass railing

7.5.3 No items on the balcony may extend higher than the balcony wall, including personal items, except the
following: hanging or potted plants, patio tables, umbrellas, wind chimes and bird feeders. All of these
must be kept in good conditions and be aesthetically agreeable. Any resulting damage to the exterior of
the residence caused by the installation of hooks or attachments for the purpose of hanging items will be
the responsibility of the Owner of the Unit.

7.5.4 The storage of any combustible items such as charcoal lighter or other flammable items on the patios,
balconies, or hot water heater closets is strictly prohibited.

7.5.5 No pots or other items shall be placed on top of any wall or railing and each Owner/ Resident shall take
reasonable steps to capture water from potted plants placed on a balcony.

7.5.6 No Owners or Resident shall make any improvements to a balcony, entry or similar area unless and until
the plans are approved in advance by the Owners Association.
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7.5.7 For the avoidance of doubt, owners / tenants of units on the 12 floor are not permitted to keep any
items in the balconies that may interfere with the safe and unrestricted movement of the Building
Maintenance Unit (BMU)

7.6 Home Improvements

7.6.1 The Master Owners Association controls and regulates the construction of alterations or improvements
within the Master Community. Accordingly, no Owners or Resident shall build, construct, erect or install
any improvements in the unit without complying with the Architectural Guidelines set forth in the Rules.

7.6.2 Except for the purpose of proper maintenance and repair, and except as otherwise permitted, no
Resident shall build, construct, erect, install or undertake any alteration or improvement without first
submitting appropriate plans and specifications to the Management and Obtaining the approval of the
Owners Association.

7.6.3 Any approval for home improvement should have the No-Objection-Certificate (NOC) or approval
documents displayed prominently at the site during the period of the construction or alteration work and
kept on file to validate for future Owners of property that the alteration was approved by the Owners
Association.
7.6.4 Owners / Residents are required to ensure that they obtain required relevant approvals from Trakhees /
Dubai Municipality and/or other local government bodies that may be required for the home
improvements / alterations to private property.

7.6.5 Costs for rectification of leakages and other issues affecting two or more units are to be shared equally
amongst the unit owners.

7.6.6 If the unit owners of the shared costs do not rectify the leakages or other issues the association will
complete the rectification and bill the owners their respective costs. If there are issues inside a unit that
are damaging or negatively affecting other units or common area not being rectified by the unit owner
the association has the right to enter the unit and rectify the issue at the unit owner’s expense.

8.0 ASSOCIATION SERVICE CHARGES

8.0.1 The Service Charges (fees) set by the Owners’ Association must be paid quarterly in advance by each
member according to their ‘proportionate share’.

8.0.2 The Owners Association may amend the payment schedule to be in line to meet financial obligations of
the Association towards the vendors / service providers.

8.0.3 Owners may choose to pay their Service Charges in full at the beginning of the financial year or in 4
installments. Owners opting to pay quarterly by cheque must provide the first installment current dated
with the balance payments in postdated cheques (PDC).

8.0.4 Any Special Service Charge/Special Levy levied by the Owners’ Association to cover extraordinary items or
expenditure must be paid on or by the due date set by the Owners’ Association upon the levying of each
Special Service Charge/Special Levy.

8.0.5 The Association Manager in coordination with the Management will establish a schedule for collection of
Service Charges including late fees, access restrictions, utility cut-offs and other lawful methods, including
contracting with a collection company. All costs for collection will be charged to the offending Unit Owner
in accordance with the relevant laws, rules and regulations prevailing in the emirate of Dubai.

8.0.6 Charges for returned cheques will be AED 1000 per cheque and the penalty for late payment will be levied
at the rate of 1% of the amount due and payable per month from due date.

8.0.7 Owners are required to ensure that their address for correspondence remains updated at all times with
the Owners Association. At the minimum, all owners are required to provide a valid and updated email
address at all times for receipt of correspondence.

8.0.8 Owners are required to ensure all requests for update of Customer Data is carried out by filling up a
Customer Data Sheet and submission of the same to the office of the Association Manager.

8.0.9 The Association is not responsible for the non receipt of correspondence from the Association or the
Association Manager due to incorrect / incomplete correspondence information provided.
8.0.10 Owners are required to ensure that the service charges are paid on time on or before the stipulated due
date on the invoice to ensure there are no interruption to services provided and to avoid any
inconvenience due to disruption of service due to non settlement of the dues.

9.0 CHILLED WATER SUPPLY SERVICES

9.0.1 All owners upon purchase of the property are required to complete the necessary registration formalities
with the Chilled Water billing and metering services provider within 7 days of signing the Sale and
Purchase Agreement / Transfer NOC issued date.

9.0.2 All owners / tenants are required to enter into an End User Agreement with the chilled water services
provider.

9.0.3 A deposit will be collected from registered parties for the chilled water services supply to the property.

9.0.4 All owners / tenants are required to ensure that the chilled water bills invoiced are paid on time on a
monthly basis to avoid any inconvenience of disconnection.

10.0 PURCHASE AND TRANSFER OF PROPERTY

10.0.1 All purchasers of property are required to obtain their tile deed from the developer, Zabeel Investments
to ensure their legal completion of ownership formalities of their property at Tiara Residence.

10.0.2 A Transfer NOC issued by the developer, Zabeel Investments is required for the transfer of property
between buyers and sellers.

10.0.3 Sellers of the property are required to complete their necessary obligations as listed in the title deed NOC
/ transfer NOC application to allow for successful completion of property transfer.

10.0.4 Sellers and buyers are required to ensure that their obligations are set and understood as part of the
transfer process.

10.0.5 Secondary buyers of the property are advised to obtain a copy of the terms of the Sale and Purchase
Agreement from the first buyer and/ or obtain a copy of the terms and conditions of the SPA from the
developer, Zabeel Investments and familiarize themselves with the same as set forth as a purchaser of
property at Tiara Residence.

10.0.6 Sellers are required to complete all their payment obligations towards the Tiara Residence Owners
Association not limited to service charges, chilled water bills etc against their property prior to applying
for title deed / transfer of property.

10.0.7 Sellers are required to return their gym membership cards to the Tiara Health Club for the purpose of
clearance for the transfer NOC.
10.0.8 Sellers are required to provide a copy of the received title deed to the office of the Association Manager
to ensure their details are removed from the system.

10.0.9 New owners of the property are required to ensure their details are updated on the system and to receive
any/ all future correspondence from the Owners Association, by contacting the office of the Association
Manager.

10.1 Move in and Move Out

10.1.1 All homeowners / tenants ( where applicable ) must fill in a MOVE IN / MOVE OUT application form at
least 5 business days prior to move in / move out to/from Tiara Residence.

10.1.2 All service charges (if applicable) must be paid / current in order for move in to the property. For the
avoidance of doubt, homeowners are responsible for the settlement of association service charges for
their owned property.

10.1.3 Move in may not be permitted if there are outstanding service charges to be settled by the unit owner.
Permission to allow move in to the property will be at the discretion of the Association Manager following
verification of all documents.

10.1.4 Owners / Tenants must ensure registration for chilled water supply services is completed prior to move in
to the property.

10.1.5 Owners / tenants are required to ensure that movers adhere to the guidelines for move in and move out
to/from the property.

10.1.6 Owners / tenants are responsible to ensure all waste generated during move in/ move out are removed
promptly by the movers and may not be disposed in the waste handling facility at Tiara Residence.

10.1.7 Owners/ tenants will be responsible for any damages caused by the movers during move in/ move out
from the property and will be subject to penalties as determined for reinstatement of damaged property
to its original condition.

10.1.8 Owners /tenants are required to advise their movers to comply with security and access control
procedures at Tiara Residence for safety and security reasons.

10.1.9 The Association Manager at discretion may not permit entry for service related vehicles that refuse / do
not comply with the above access guidelines.

11.0 OWNERS ASSOCIATION OPERATIONS

11.1 Correspondence and Requests

11.1.1 All complaints, applications or requests to the Owners Association or its Management Board shall be
addressed in writing to the Association Manager of the Owners Association.
11.2 Copy of Community Rule

11.2.1 The Community Rules are binding on all Owners and Residents who must also use their best endeavors to
ensure that their guests, invitees and visitors adhere to the same

11.2.2 Where a unit is being leased or retained, the Owner shall provide the lessee or tenant with a copy of the
Community Rules in force for the Owners Association.

11.2.3 If an Owner or Resident has not complied with a Community Rule, within the specified period after service
of a Notice of Violation, the Owners’ Association may impose a Violation Penalty in the form of a
monetary fine.

11.2.4 Violations regarding health and safety are to be rectified immediately and a fine will be levied without
further notice if rectification is not to the standard required. .

11.3 Management Board

11.3.1 The Management Board will set the review process / procedures for the enforcement of the Community
Rules.

11.3.2 The Management Board in coordination with the Association Manager and in accordance with the
Association Constitution Regulations will retain control and flexibility for the enforcement of the rules to
maintain required civilian harmony and for the overall wellbeing of all owners and residents.

11.3.3 The Management Board reserves the right to adjust the rules based on the needs and requirements of the
community / situations that may arise or as may be required from time to time at little or no notice.

11.3.3 Every member for the time being of the Management Board of the Owners Association shall be
indemnified by the Owners Association out of its funds and assets against personal liability for the acts,
omissions, neglects, or defaults of any other members of the Management Board or for any loss or
liability occasioned to the Owners Association, by any judgment or oversight on his part or for any other
loss, damage or misfortune whatever which shall happen during the course of the execution of the duties
Of office, or in relation thereto and shall be further indemnified in similar manner against any liability
incurred by a member defending any proceedings, whether criminal or civil, in respect of any such act,
omission, neglect, default, error or oversight.

11.4 Entering into Agreement

11.4.1 The Management Board shall have the power by simple resolution of a General Assembly or special
General Assembly of all of its members convened in accordance with Jointly Owned Property Law; Law
No: 27 of 2007 Concerning Ownership of Jointly Owned Properties in the Emirate of Dubai, to enter into
agreements.

a) For the purpose of supply of electricity to the Master Community


b) For the maintenance of any security system or firefighting system on the Master Community.
c) For the management, maintenance and repair of the building and common property
d) For the gardening and cleaning of the Common Property
e) For the repair and maintenance of any lifts within the Master Community
f) With the Owner of the Unit, for the benefits of all the Owners.

11.5 Building Management Statement

11.5.1 The Owners Association and Management board shall have the power to nominate a board member to
represent at all meetings of the Building Management Committee and to replace that representative from
time to time.

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