Real Estate Dispute

Question:

Building Management want to take me to Court for fees but I have no Contract with them. Contract is with Benney then Skai then Five Holding but never revised. Each time the Developer changes I have never received a new Contract or have never received the Developer Warranty under the original Contract, including a request to install Owners A/C at Owner cost because the Chillers went unserviceable – I paid 38700 AED and never was refunded. The Management of the building has not been carried out in the previous 4 years the building is in a state of disarray so I have refused to pay, I am incurring late fees and a large sum, but have never signed a Contract with this Management. SAGA Management now want to take me to Court for the fees or to Auction my apartment, I am struggling to understand how the Developer does not honor their Contract, changes company name 3 times with upgrading original Contracts and how a under performing Management company can charge exuberant fees without carrying out their responsibilities. I have lived their 4 years paid the first 12 months and my Management Statement reflect 270k AED, in a 1+3 Building. I am seeking assistance to combat losing my Apartment as they want me to either pay or they will auction it, but I still do not have a revised Developer Contract, no Contract with the Management of the building and have not seen the building being managed or repaired except for basics, I have lose value on the Chiller system no being replaced and incurred cost to purchase my own A/S with a Memo form Skai stipulating all cost will be re-reimbursed but have not received any payment. The property under my Ownership has never been supported by Benney Investments in maintenance all costs have been paid for by myself, I have lodged numerous complaints to RERA but only advise is to take the Developer to Court, unfortunately due to Benney Investments becoming Skai to becoming Five Holding this process seems futile.

Please advise on how to proceed with this issue before I lose my property, I am hoping to extend my Mortgage to pay a quantity of the outstanding but this is pending approval, I am being charged late fees which are excessive, the Management of the building charges are excessive and the work is not being carried out. 

Answer:

The matter, which you have shared with us can be addressed subject to our detailed review of the documentation particularly the notices, the contracts and such other related documents including both letter and email correspondences.

Generally, in such matters, we may ask the court to appoint an expert to determine the validity of the charges and the admissibility of the same. Accordingly, we request you to meet with us in our office for a detailed consultation so that we can review your matter in detail and advise you of your legal position and the best legal recourse available at your disposal.

If you would like to schedule a consultation, please revert to us and we will coordinate with you.

Should you have any question, please do not hesitate to contact us.

Look forward to hearing from you.