The Importance of Enforcing Regulations in Condominiums

Saad Saleh Al-Mansouf

Enforcing regulations affects property value both positively and negatively. The positive impact stems from creating an ideal living environment that ensures continuous maintenance of common areas and the distribution of the resulting costs among everyone in an equal and fair manner, which ensures the full and optimal use of the common areas, thereby eliminating the flaws and disadvantages shared housing.

As for the decrease, it is achieved by preventing the hoarding of real estate and its conversion into a speculative commodity, due to the system’s requirement that the owner contribute to the burdens and expenses of the shared property—including maintenance, cleaning, renovation, management, and others—even if he is not a resident or beneficiaryof their residential unit, which reduces the tendency to view real estate as a tool for savings and speculation and prevents artificial price hikes from reaching unacceptable levels, as was previously the case.

Overcoming Problems with Shared Real Estate Units

Some problems may arise as a result of the system’s implementation by the authorities overseeing it and the failure to utilize all the capabilities and tools it provides, and we do not deny that we sense the efforts of these authorities to work toward full implementation, but there is still much to be done to achieve full activation, especially since the system was drafted professionally and to the highest standards, and to be fair, we will only fully understand the problems that may arise from it once it is fully implemented.

The system has established solutions to create mechanisms capable of addressing the flaws, committing to their correction and prevention, bearing the costs thereof, and preventing the spread and exacerbation of harm, but here lies the weakness in applying the mechanisms established by the system. One of the most important issues that can be raised is the enforcement of the property manager’s decisions as an enforceable instrument that can be directly executed before the Enforcement Court without the need to resort to the court, thereby saving time, effort, and money.

Services and Maintenance Fees

When the owner requests fees for services and maintenance of the real estate units, this is not considered a violation, as it is handled through amicable and customary means in accordance with local practices; municipal authorities are involved in disputes regarding violations, while the regular courts are involved in other disputes. Resolving disputes takes a long time and involves high legal fees and numerous procedures, which has led to the escalation of disputes and deterred many from claiming their rights, ultimately resulting in the community as a whole becoming averse to living in shared properties and preferring

Maintenance depends on the building’s age and construction method. If the building is newly constructed in accordance with the Saudi Building Code, by a licensed contractor, and under the engineering supervision of a certified firm, defects rarely appear; and even if they do, they can be easily repaired and rectified by activating warranties and referring to the precisely drawn engineering plans, However, the situation is different for older buildings or those poorly constructed, built under poor supervision, or in violation of the building code, as defects appear frequently, their damage extends to neighboring apartments, and they are difficult to repair due to the lack of a warranty and the difficulty in identifying the fault because of the loss of plans and detailed designs for the common property units.

Important Tips for Residents

Rejoice, for things are constantly improving, and all problems and obstacles will be resolved with the best possible solutions thanks to the blessed efforts made to study and resolve them, and the wise leadership’s commitment to improving and developing shared housing within the2030 Vision. You should be keen to acquire units and homes in shared housing developments, as this is the path to obtaining safe housing with modern, up-to-date, and comfortable amenities. You must cooperate with good faith, strive to raise awareness and knowledge, and take the initiative to participate in the platforms, keep them updated, and ensure attendance and voting in the public interest. You must also ensure timely payment of dues, as they are the lifeblood of the community, and maintain shared services and facilities in optimal condition to provide the best service and improve the quality of life in the shared property. We hope that all mechanisms and capabilities created by the system will be activated by the relevant authorities as soon as possible.

*Condominium Manager and Real Estate Author