Meera Strata Management Statement Shams Abu Dhabi, Reem Island, Abu Dhabi
Contents 1 Duties and Obligations of the Owners 2 2 Name of Owners Association 3 3 Numbering of Apartments 3 4 Participation Quotas 3 5 Staging of Project 4 6 Delivery and Use of Utility Services 4 7 Easements and Covenants 7 8 Water, Waste, Energy, and Environmental Management Conditions 8 9 Building Rules 9 10 Description of the Structure and Management of the Building 10 11 Restrictions on Use of a Particular Apartment 12 12 Architectural Code 13 13 Apartment Common Areas 14 14 Exclusive Use Rights 18 15 Maintenance and Repair 19 16 Car Parking 21 17 Storage Areas 23 18 Other Matters 25 19 Approvals by the Apartment Owners Association 25 20 Binding Effect 26 21 Transitional Arrangements Pre-Real Estate Law 27 22 Failure to comply with this Statement 27 23 Applications and complaints 29 24 Notices 29 25 Interpretation and Definitions 29 Schedule 1: Interpretation and Definitions 30 Schedule 2: Apartment Numbering and Participation Quotas 39 Schedule 3: Apartment Common Areas Site Plan 40 Schedule 4: Car Park Allocation 41 Schedule 5: Car Park Plan 42 Schedule 6: Exclusive Use Rights 43 Schedule 7: Exclusive Use Plans 44 Schedule 8: Utility Services 45 Schedule 9: Architectural Code 46 Schedule 10: Constitution 51 i
Execution of Statement This Statement is executed by Aldar Properties PJSC as Developer and shall be operative from the date hereof: Executed by as authorised representative for Aldar Properties PJSC: ) ) ) )... By executing this Statement the signatory warrants that the signatory is duly authorised to execute this Statement on behalf of Aldar Properties PJSC Witness signature: ) ) Witness name (block letters): )... Witness sign above Witness address: ) )... ) Print Witness name above Print Witness address above Witness Occupation: ) ) Print Witness occupation above Date of Statement This Statement is dated: 1
1 Duties and Obligations of the Owners 1.1 General Obligations of the Owners An Owner must: (e) ensure the Apartment Owners Association is, and remains, properly constituted in accordance with this Statement and all Applicable Laws including the Real Estate Law (once enacted); comply with the provisions of this Statement, the Master Community Declaration, the Island Community Declaration (if any) and all Applicable Laws and abide by the rules and directives of any Relevant Authority; pay its Apartment Service Charges and all other amounts due to the Apartment Owners Association as and when such amounts fall due; comply with the Building Rules, the Master Community Rules and the Architectural Code and any legal notice or direction issued by the Apartment Owners Association; and at all times notify the Apartment Owners Association of: (ii) (iii) any mortgage over its Apartment and the name and address of the mortgagee (including any changes); the discharge of any mortgage over its Apartments; and the name, email address and contact numbers of any Occupier and the duration of any lease, licence or other right of possession or occupation and provide to the Apartment Owners Association a copy of such lease, licence or other agreement. 1.2 Nature of Owners' Obligations (e) The obligations of each of the Owners under this Statement are several and not joint and several. Accordingly, no Owner will incur a liability to another party by reason of the default of one or more of the other Owners, provided that where any Apartment is owned in the joint names of more than one person, all the registered Owners of that Apartment shall be jointly and severally liable for the due performance of all obligations of the Owner of that Apartment under this Statement to the Apartment Owners Association. Any provision of this Statement imposing an obligation (positive or negative) on an Owner (other than the requirement to pay Apartment Service Charges) imposes that obligation on an Occupier as if such provision were repeated entirely in this Statement except that the reference to "Owner" shall be read as a reference to "Occupier". Owners must use all reasonable commercial endeavours to ensure that their respective Occupiers (and any Invitees) comply with all of their obligations under this Statement and the Apartment Owners Association may exercise any rights against each and any of the Owners or Occupiers (and their Invitees) in relation to any breach by any of them (at the Apartment Owners Association s election). An obligation in this Statement relating to an Apartment also extends to the Car Parking Spaces, Storage Areas and Exclusive Use Rights attaching to the Apartment (whether it is on title to the Apartment or the subject of an Exclusive Use Right, lease, licence or similar use right). Where there is an Occupier of an Apartment it is deemed that the Owner has assigned its rights of use and access granted to the Owner under this Statement to 2
that Occupier however the Owner shall remain responsible to the Apartment Owners Association with respect to such rights of use and access including the obligation to pay Apartment Service Charges with respect to the Owner's Apartment. (f) Any action or omission by an Owner which would constitute a breach of a provision of the Master Community Declaration shall constitute a breach by that Owner under this Statement. The Apartment Owners Association shall have all such rights against such defaulting Owner in respect of a breach of a provision of the Master Community Declaration as it would have if such provision was repeated entirely in this Statement. 1.3 Indemnity Each Owner: (ii) is liable for all things the Owner (or its Occupiers and Invitees) does or fails to do and the consequences of the actions or failure in occupying or using its Apartment or the Apartment Common Areas and the Master Community; and releases, indemnifies and holds harmless the other Owners, the Apartment Owners Association (and the Apartment Association Manager and the Building Facility Manager), the Developer and the Master Developer (and their respective affiliates, shareholders, partners, members or other principals, directors, officers, employees, attorneys, agents, representatives, Suppliers and authorised nominees) against all actions, claims, costs, damages, demands, expenses, liabilities, losses, proceedings or other liability in any way arising directly or indirectly from or otherwise in connection with: (A) (B) that Owner's and its Occupiers' and Invitees' occupation or use of its Apartment, the Apartment Common Areas, the Building and/or the Master Community; and any actions or omissions by the Owner, its Occupiers or Invitees and/or any breach by the Owner, its Occupiers or Invitees of any of its obligations under this Statement and all Applicable Laws. For the avoidance of doubt, no Owner shall benefit from any indemnity from another Owner where and to the extent it contributed to or caused the loss, claim or liability. For the further avoidance of doubt, in this clause 1.3, a reference to an Owner includes its Occupiers. 2 Name of Owners Association Meera Apartment Owners Association. 3 Numbering of Apartments The Apartments are numbered as specified in Schedule 2. The Apartments have been numbered in sequential order. 4 Participation Quotas The Participation Quotas for the Apartments are as specified in Schedule 2. The Participation Quotas have been calculated on the basis of the methodology set out in Schedule 2. The Participation Quotas may be varied by the Developer and the Apartment Owners Association from time to time to ensure a fair allocation of Apartment Service Charges between Owners (subject to any restriction that may be contained in the Real Estate Law). The Apartment Owners Association shall vary Schedule 2 to 3
5 Staging of Project record any variation and the Apartment Owners Association shall take all reasonable steps to Register such variation. The construction and development of the Building is not staged and the Apartment Common Areas are substantially as depicted on the Apartment Common Areas Site Plan. 6 Delivery and Use of Utility Services 6.1 Supply of Utility Services As at the date this Statement takes effect, the supply of Utility Services is as set out in Schedule 8. 6.2 Chilled Water Chilled water is supplied to the Building pursuant to an agreement entered into (or proposed to be entered into) between the Developer (either in its own right or in joint venture with a third party) and the District Cooling Provider. The Apartment Owners Association and the Owners shall enter into separate supply agreements with the District Cooling Provider in respect of the supply of chilled water to the Apartment Common Areas and the Apartments, as applicable, that may, amongst other things may provide for: (ii) (iii) (iv) (v) the District Cooling Provider to be the exclusive supplier of chilled water to the Building; the Owners to purchase a minimum quantity of chilled water from the District Cooling Provider; the Chilled Water Agreement (in so far as it relates to the Apartment Common Areas) to be assigned or novated to the Apartment Owners Association upon its legal formation; the Apartment Owners to enter into end user agreements with the District Cooling Provider with respect to chilled water supplied to their Apartments if required by the District Cooling Provider and separate meters are installed in the Apartments; and the Purchaser to pay the District Cooling Connection Fee to the District Cooling Provider on Completion to connect the Apartment to the District Cooling Provider s network. The Apartment Owners Association and the Owners shall take all necessary steps to ensure that the rights and obligations under the Chilled Water Agreement are preserved and not take any steps or vote in favour of any resolution of the Apartment Owners Association that seeks to avoid or limit the rights of the District Cooling Provider under the Chilled Water Agreement. The District Cooling Provider (and the Apartment Owners Association) may disconnect and suspend the supply of chilled water to an Apartment in the event that the Owner, fails to pay any amount outstanding to the District Cooling Provider or fails to pay its Apartment Service Charges to the Apartment Owners Association, without prejudice to any other rights the District Cooling Provider (or the Apartment Owners Association) may have with respect to the Owner s default, including withdrawing certain services to the Apartment and restricting access to the Apartment Common Areas (including the Leisure Facilities) until such time as the amounts outstanding to the District Cooling Provider, or the Apartment Owners Association (and any charges and compensation imposed by the District Cooling Provider or the Apartment Owners Association for late payment) are paid in full. 4
(e) Each Owner indemnifies and keeps indemnified the Developer, the Apartment Owners Association and the other Owners against any loss occasioned from a default by the Owner under this clause 6.2. 6.3 Gas Gas is supplied to the Building pursuant to an agreement entered into (or proposed to be entered into) between the Developer (either in its own right or in joint venture with a third party) or the Apartment Owners Association and an external gas provider. If required by the Developer or the external gas provider, the Apartment Owners Association and the Owners shall enter into separate supply agreements with the external gas provider in respect of the supply of gas to the Apartment Common Areas and the Apartments. The external gas provider (and the Apartment Owners Association) may disconnect and suspend the supply of gas to an Apartment in the event that the Owner, fails to pay any amount outstanding to the external gas provider or fails to pay its Apartment Service Charges to the Apartment Owners Association, without prejudice to any other rights the external gas provider (or the Apartment Owners Association) may have with respect to the Owner s default, including withdrawing certain services to the Apartment and restricting access to the Apartment Common Areas (including the Leisure Facilities) until such time as the amounts outstanding to the external gas provider, or the Apartment Owners Association (and any charges and compensation imposed by the external gas provider or the Apartment Owners Association for late payment) are paid in full. Each Owner indemnifies and keeps indemnified the Developer, the Apartment Owners Association and the other Owners against any loss occasioned from a default by the Owner under this clause 6.3. 6.4 Utility Services not separately metered In the case of Utility Services which are not separately metered, the Owners may by Special Resolution resolve to install separate metering, the costs of which shall be payable by the Owners in accordance with their Participation Quotas. The Apartment Owners Association may raise a Special Service Charge in accordance with the Constitution to fund such installation. 6.5 Access to Building Utility Infrastructure Subject to all Applicable Laws, the Apartment Owners Association and the Owners must ensure that reasonable access to the Apartment Common Areas and the Apartments is made available to the Developer, the Master Developer, the Utility Services providers and the Apartment Owners Association (or their respective nominees) to enable the reading of meters and the servicing of the Building Utility Infrastructure and no Owner or Occupier may obstruct or prevent such access to the Building Utility Infrastructure at any time. No Owner may charge the Developer, the Master Developer, the Utility Services providers and the Apartment Owners Association (or their respective nominees) any fee for providing access to its Apartment to do things required by this Statement and/or the Master Community Declaration. 6.6 Ownership of Building Utility Infrastructure The Owners acknowledge that the Building Utility Infrastructure is owned by the Developer, the Master Developer or the Utility Services providers and do not form part of the Apartment Common Areas or the Apartments notwithstanding such services may be located within the Apartment Common Areas or the Apartments. The Building Utility Infrastructure includes the Telecommunication Network 5
Infrastructure, the Potable Water Network Infrastructure, the Electricity Network Infrastructure and the Chilled Water System Infrastructure. (e) (f) The Owners further acknowledge that provision of the Building Utility Infrastructure specified in clause 6.6 is to the benefit of the Owners and Occupiers and the relevant Utility Services providers, and the Apartment Owners Association, Owners and Occupiers must provide such rights as may be necessary to enable Building Utility Infrastructure to be located within the Apartment Common Areas and the Apartments and readily accessed by the Developer, the Master Developer and the Utility Services providers from time to time. No fee shall be payable by the Developer, the Master Developer or the Utility Services providers in consideration for the rights granted pursuant to clause 6.6 and the Developer, the Master Developer and the Utility Services providers will not be required to contribute to any utility costs (such as electricity, water or chilled water) that may service the areas in which the Building Utility Infrastructure is located. The Developer reserves the right, at any time, to transfer ownership of Building Utility Infrastructure owned by the Developer (or any of its affiliates) to the Apartment Owners Association, by giving notice thereof to the Apartment Owners Association. Upon receipt of the notice referred to in clause 6.6, the Apartment Owners Association shall do all things and sign all documents which are reasonably requested by the Developer in order to effect the transfer of ownership of such Building Utility Infrastructure to the Apartment Owners Association. Upon transfer of any Building Utility Infrastructure to the Apartment Owners Association pursuant to clause 6.6, the Apartment Owners Association shall assume the obligation to Operate such Building Utility Infrastructure (including capital repairs and maintenance) and the Developer (and its affiliates) shall be relieved of such obligations. 6.7 Disconnection of Supply Subject to all Applicable Laws, the Apartment Owners Association, the Developer, the Master Developer and/or the Utility Services providers may disconnect the supply of Utility Services to an Apartment if the Owner or Occupier has not paid the Apartment Owners Association, the Developer, the Master Developer and/or the Utility Services providers its Utility Service costs when due and payable. The Owners and Occupiers acknowledge and understand that the Apartment Owners Association, the Developer, the Master Developer and/or the Utility Service providers may disconnect the supply of Utility Services to the Apartment Common Areas if there are insufficient funds in the General Fund to pay the Apartment Owners Association, the Developer, the Master Developer and/or the Utility Service providers the costs of the Utility Service when due and payable due to the failure of the Owners to pay their Apartment Service Charges when due and payable or any other reason. 6.8 Other Utility Services To the extent that the Developer, the Master Developer or the Apartment Owners Association specifies any other Utility Services providers for the Master Community, the Building (including the Apartments and/or the Apartment Common Areas), the Owners shall obtain such Utility Services from the nominated Utility Services providers. 6.9 Exclusive Services An Owner has the right to the exclusive use and enjoyment of any Exclusive Services notwithstanding that such service may be located in and form part of the Apartment 6
Common Areas and the Owner is responsible for the cost of the on-going repair and maintenance of such Exclusive Services. 7 Easements and Covenants 7.1 General Easements, Covenants and Restrictions Each Apartment and the Apartment Common Areas are benefited by and burdened with: (ii) (iii) reciprocal rights of support and shelter from and to each other; reciprocal rights for the continuous supply of Utility Services to the Apartment and Apartment Common Areas through the Building Utility Infrastructure or other infrastructure in the Building; and such other rights of access, support and shelter as granted pursuant to the Master Community Declaration. (e) (f) (g) An easement, restriction or covenant over an Apartment may only be created, varied or removed where the benefited and burdened Owners vote in favour of the Resolution. An easement, restriction or covenant over the Apartment Common Areas may only be created, varied or removed if approved by the Developer and the Apartment Owners Association and the motion to accept such creation, variation or removal is passed by Special Resolution and where the benefited and burdened Owners vote in favour of the Resolution. Each Owner authorises the notation of all easements, covenants and/or restrictions burdening the Building, the Apartment Common Areas and/or the Apartments on the title to its Apartment and/or the title to the Apartment Common Areas including, without limitation, a restriction on the title that states that the Apartment is subject to the "terms, conditions, covenants, rights and restrictions set out in the Strata Management Statement and the Master Community Declaration and the rules, regulations and by-laws issued in accordance therewith as may be amended from time to time". No Owner shall undertake any works to its Apartment whatsoever that may detrimentally affect or otherwise interfere with the Apartment Common Areas or another Owner's right to support and shelter of its Apartment. An Owner must (subject to the provisions contained in this Statement) maintain, repair, refurbish and/or reinstate its Apartment as necessary and use all reasonable commercial endeavours to ensure that such rights of support and shelter and the supply of Utility Services are maintained and protected at all times. Nothing contained in this clause 7.1 shall have the effect of requiring any Owner to undertake works to the Apartment Common Areas unless otherwise required to do so under this Statement. 7.2 Public Pedestrian Access The Apartment Owners Association and the Owners must maintain an easement enabling pedestrian access to the public be created across the Apartment Common Areas in the location designated by the Master Developer in accordance with the Master Community Declaration to enable members of the public to pass on foot through the designated Apartment Common Areas to adjoin plots and other parts of the Master Community. Notwithstanding the granting of the pedestrian access in accordance with clause 7.2, all cost of Operating the Apartment Common Areas (including such 7
pedestrian access) shall be payable by the Apartment Owners and included within the Apartment Service Charges. The Apartment Owners Association and the Owners shall take all necessary steps to ensure that the rights and obligations under this clause 7.2 are preserved and not take any steps or vote in favour of any resolution of the Apartment Owners Association that seeks to avoid or limit the rights of the Master Developer under the Master Community Declaration. 7.3 Other easements and covenants In addition to the easements and covenants in clause 7.1, there are various other easements and covenants created pursuant to the Master Community Declaration. To the extent that these easements and covenants apply to the Building or the Apartment Owners Association, the Owners and Occupiers must strictly comply with the terms of such easements and covenants. 8 Water, Waste, Energy, and Environmental Management Conditions 8.1 Environmental Management Conditions (e) The Apartment Owners Association, the Owners and Occupiers must comply with this Statement and the provisions in the Master Community (and all Applicable Laws and the requirements of the Master Developer and any Relevant Authority) with respect to any water, waste, energy and water efficiency measures or other environmental management conditions with respect to the Building and the Master Community. The Apartment Owners Association shall ensure that as far as reasonably practicable, the Apartment Common Areas are maintained safe and without risks to health of all persons using the Apartment Common Areas. The Apartment Owners Association must be cognisant of their health & safety and environmental management responsibilities and implement operating procedures including periodic inspections and audits, to ensure that their responsibilities are appropriately discharged. The Apartment Owners Association, Owners and Occupiers must comply with any requirements to maintain any "Estidama" or similar environmental rating applicable to the Building (or any part thereof) from time to time with the Abu Dhabi Urban Planning Council or other Relevant Authority, whether or not such requirements are mandatory or advisory under Applicable Law. The Apartment Owners Association must take positive steps to ensure that Utility Services supplied to Apartments and the Apartment Common Areas are used economically and in a way that it sustainable to the environment, including where possible: (ii) (iii) the use of separate metering for Utility Services: the issue of guidelines for minimising the use and wastage of those Utility Services; and the provision of disincentives for any failure to observe those guidelines. (f) The Apartment Owners Association must take positive steps to: (ii) (iii) recycle waste and to encourage Owners and Occupiers to recycle waste; facilitate such recycling by arranging for separate collection of different types of waste; and have such waste collected by relevant recycling agencies. 8
(g) An Owner must use its best endeavours to: (ii) use Utility Services in an economical and non-wasteful manner; and recycle waste, particularly in accordance with any policies and directions of the Apartment Owners Association and the Master Developer. (h) The Apartment Owners Association must when replacing items of machinery, plant or equipment give due consideration to using replacement items that are efficient in their use of water and electricity. Where a more efficient replacement item is more expensive, the Apartment Owners Association must give due consideration to the benefits of any reductions in operating costs of such replacement item over the medium to longer term. When procuring goods and services the Apartment Owners Association must give due consideration to companies committed to environmental sustainability. 9 Building Rules 9.1 Acknowledgement The Apartment Owners Association, Owners and Occupiers acknowledge and agree that the Building Rules: contain important details and information and various requirements, responsibilities and obligations regarding the Building, including: (ii) (iii) (iv) what an Owner or Occupier may or must not do in connection with their Apartment or use of the Apartment Common Areas; what the Apartment Owners Association may or must not do in relation to the Apartment Common Areas; the standards to be applied and complied with in the Building; and traffic and waste management in the Building; and are intended to preserve the integrity and reputation of the Building. 9.2 Compliance with the Master Community Rules The Owners and Occupiers must fully comply with the Master Community Rules and the directions of the Master Developer at all times. The Apartment Owners Association must use all reasonable endeavours to enforce the Master Community Rules on behalf of the Master Developer. A breach of the Master Community Rules by an Owner or Occupier shall be considered to be a breach of the Owner's or Occupier's obligations under this Statement. 9.3 Building Rules 9.3.1 Power to make Building Rules In addition to the obligations set out in this Statement, the Apartment Owners Association has the power to make Building Rules for the proper management and day to day operation of the Apartment Common Areas and the Building as a whole. When the Apartment Owners Association makes Building Rules it must take into account the nature of the Master Community and the various Owners' and Occupiers' interests. 9
9.3.2 Simple Majority Subject to all Applicable Laws, the Apartment Owners Association may make or amend Building Rules: at a General Assembly of the Apartment Owners Association by Special Resolution; or at a Board meeting by simple majority of the Board members, if the Board is authorised at a General Assembly to make Building Rules. 9.3.3 Service of Building Rules All Building Rules (or variations to the Building Rules) made by the Apartment Owners Association must be made in writing and served upon the Owners, displayed in the Apartment Common Areas or released on a community portal website maintained by the Apartment Owners Association for the Building. 9.3.4 Consistency of Building Rules All Building Rules (and variations to the Building Rules) must be consistent with this Statement, the Master Community Declaration (and any Master Community Rules created pursuant thereto) and all Applicable Laws. If a Building Rule is inconsistent with this Statement, the Master Community Declaration or Applicable Laws, the provisions of this Statement, the Master Community Declaration and Applicable Laws (as applicable) prevail to the extent of the inconsistency. 9.3.5 Effect of Building Rules A Building Rule (or variation to a Building Rule) made by the Apartment Owners Association applies as though it is set out in full in this Statement. 9.3.6 Application and Enforcement of Building Rules The Apartment Owners Association may waive the application or enforcement of a Building Rule against one or more Owners or Occupiers in certain circumstances, as it deems appropriate at its discretion. Any such waiver to apply or enforce a Building Rule against an Owner or Occupier does not prevent the Apartment Owners Association from applying or enforcing that Building Rule against other Owners or Occupiers. 9.3.7 Indemnity Each Owner and Occupier uses its Apartment and the Apartment Common Areas at its own risk and indemnifies the Developer, the Apartment Owners Association and the other Owners and Occupiers against any loss suffered by the Owner or Occupier arising from any actual or purported failure to apply or enforce one or more Building Rules against one or more Owners or Occupiers. 10 Description of the Structure and Management of the Building 10.1 Master Community The Master Community is governed by the Master Community Declaration that sets out the rights and obligations of the owners and occupiers in the Master Community. The Master Community Declaration is implemented and enforced by the Master Developer. The Building is located within the Master Community and, subject to any restrictions contained in, and complying with, the Master Community Declaration, the owners and occupiers in the Master Community, including the Owners and Occupiers (in some cases together with the members of the public) may use the designated common areas and facilities within the Master Community. 10
10.2 The Building (e) The Building has been (or is intended to be) Strata Subdivided into the Apartments and the Apartment Common Areas in accordance with the Real Estate Law (once enacted). The members of the Apartment Owners Association are each of the Owners. The Building is regulated by this Statement and governed and managed by the Apartment Owners Association. The Apartment Owners Association, and the Owners and Occupiers are also regulated and governed by the requirements in the Master Community Declaration and the decisions of the Master Developer. To ensure the efficient and effective Operation of Master Community, including the Building, the Master Developer (or its nominee) shall be appointed to undertake the function of the Apartment Association Manager in accordance with this Statement. Except as otherwise specified in this Statement, and the Master Community Declaration, as at the date this Statement takes effect, there are no special management arrangements to which the Apartment Owners Association is or will be a party. 10.3 Apartment Service charges Apartment Service Charges levied to Owners will consist of charges incurred and imposed at two different levels. At the Master Community level, the Master Developer will levy the Master Community Service Charges on the Apartment Owners Association that are required to be paid in accordance with the Master Community Declaration. At the Building level, the Apartment Owners Association will levy Apartment Service Charges on each Owner required to be paid in accordance with this Statement in respect of the Operation of the Apartment Common Areas. A component of that Apartment Service Charge will include a proportion of the Master Community Service Charges payable by the Apartment Owners Association to the Master Developer in accordance with the Master Community Declaration; The Apartment Owners Association will pay the Master Developer for the Apartment Owners Association's share of the Master Community Service Charges. 10.4 Suppliers Any Supplier must be a reputable, licensed, Approved contractor with relevant experience and expertise in providing services to buildings or parts of buildings of a similar size and nature to the Building. The Apartment Owners Association must obtain a copy of the Supplier's licence and provide a copy to the Master Developer if and when requested. 10.5 Apartment Association Manager The Apartment Owners Association must appoint (and at all times engage) an Apartment Association Manager to manage the administrative, secretarial and financial affairs of the Apartment Owners Association to ensure the effective Operation of the Apartment Common Areas and assist the Apartment Owners Association in complying with its obligations under this Statement. The Apartment Association Manager must carry out its obligations under this Statement in accordance with the terms of a management agreement to be entered 11
into between the Apartment Owners Association and the Apartment Association Manager. In addition to complying with Applicable Law, the Apartment Owners Association must comply with the Master Community Declaration when appointing the Apartment Association Manager and must appoint the Master Developer or its nominee as the Apartment Association Manager. 10.6 Building Facility Manager The Apartment Owners Association must appoint (and at all times engage) a Building Facility Manager to assist the Apartment Owners Association with the day to day Operation of the Apartment Common Areas and to assist the Apartment Owners Association in complying with its obligations under this Statement. The Building Facility Manager must carry out its obligations under this Statement in accordance with the terms of a facilities management and services agreement to be entered into between the Apartment Owners Association and the Building Facility Manager. In addition to complying with Applicable Law, the Apartment Owners Association must comply with the Master Community Declaration when appointing the Building Facility Manager and must appoint the Master Developer or its nominee as the Building Facility Manager. 10.7 Association Administrator The Apartment Owners Association may from time to time also appoint an Association Administrator to assist it and the Apartment Association Manager with the Apartment Owners Association s administrative, secretarial and financial obligations under this Statement. Should the Apartment Owners Association appoint an Association Administrator, it may delegate to the Association Administrator such powers and functions as the Apartment Owners Association considers appropriate. 10.8 Appointing a Representative The Apartment Owners Association must, by Special Resolution, appoint a Representative to represent it at meetings with the Master Developer and the Relevant Authorities. 11 Restrictions on Use of a Particular Apartment 11.1 Use An Owner must ensure that its Apartment is used strictly for the Permitted Use only and in accordance with all Applicable Laws. 11.2 No Objection Subject to the Owner s rights pursuant to Applicable Law, provided an Owner fully complies with the provisions contained in this Statement, including clause 11.1, no other Owner may object to an Owner s use of its Apartment and must not do anything that may interfere with an Owner s lawful use of its Apartment. 11.3 Change of Use The Permitted Use of an Apartment may not be changed without the prior Approval of the Apartment Owners Association and the Developer and without first obtaining any necessary licence for such use from the Relevant Authorities. The Apartment Owners Association and the Developer may withhold their respective Approval to any change of use should it consider, in its absolute discretion, the proposed use is not in 12
keeping with the Building or otherwise has a detrimental effect on other Owners or Occupiers within the Building. In the event that a change in the Permitted Use is consented to by the Apartment Owners Association and the Developer, the applicant Owner must also obtain the consent and any necessary licence for such use from the Relevant Authorities and provide a copy of the same to the Apartment Owners Association and the Developer before using the Apartment for the proposed change of use. Any Approval granted by the Apartment Owners Association may be granted subject to such conditions as the Apartment Owners Association considers appropriate, including the allocation to the Owner of any additional costs that may be incurred by the Apartment Owners Association arising from such change of use (such as additional insurance premiums). The provisions contained in this clause 11.3 do not apply to the change of use of any Apartment owned by the Developer (or its affiliate). 11.4 No Short Term Leasing The Developer (or its nominee) shall be entitled to conduct a short-term letting arrangement within the Building without the need to obtain the Approval of the Apartment Owners Association. Subject to clause 11.4, an Apartment may not be leased for any duration of less than six (6) months without the prior Approval of the Apartment Owners Association and the Developer (whose Approval may be withheld in its absolute discretion) unless the leasing of the Apartment is via a short-term letting arrangement conducted by the Developer (or its nominee). 11.5 Number of Occupiers An Owner must ensure that the total number of Occupiers per square metre in its Apartment at any given time does not exceed the maximum number of Occupiers permitted under Applicable Law or as otherwise determined by the Relevant Authorities and the Apartment Owners Association taking into account the Permitted Use and health and safety considerations. 12 Architectural Code 12.1 Alterations to the Apartment s Appearance An Owner must not alter the external appearance of its Apartment (including its internal appearance visible from any other Apartment or the Apartment Common Areas) without the Approval of the Apartment Owners Association and the Developer (whose Approval may be withheld in its absolute discretion). 12.2 Architectural Code and Building Works The Apartment Owners Association and all Owners must at all times comply with the Architectural Code when undertaking any alteration, renovation or other works to the Apartment Common Areas and the Apartments. 12.3 Amendment to the Architectural Code The Architectural Code may only be amended by the Apartment Owners Association with the approval of the Developer. Nothing contained in this Statement or the Architectural Code imposes any obligation on the Developer to obtain the approval of the Apartment Owners Association to any construction within the Building including any construction activities and works to 13
existing Apartments provided always that such construction activities and works are approved by the Relevant Authorities (if required by Applicable Law). 12.4 Apartment Common Area Refurbishment The Owners must ensure that the Apartment Common Areas are refurbished from time to time in keeping with the standard of the Building at handover. The Apartment Owners Association must, at intervals of not less than every three (3) years (or such lesser period as determined by the Apartment Owners Association by Special Resolution) commencing on the date this Statement takes effect, convene a General Assembly to discuss the state of the Apartment Common Areas and to consider the need for any refurbishment. 12.5 Apartment Common Area Improvements The Owners may by Special Resolution resolve to carry out capital improvements to the Apartment Common Areas, the costs of which shall be payable by the Owners in accordance with their Participation Quotas. The Apartment Owners Association may raise a Special Service Charge in accordance with the Constitution to fund such capital improvements. 13 Apartment Common Areas 13.1 Apartment Common Areas The Apartment Owners Association is responsible for arranging, supervising and monitoring the Operation of the Common Areas. Subject to the provisions of this Statement, the Apartment Common Areas (excluding any Exclusive Use Areas) may be used by the Owners and the Occupiers (and their permitted Invitees) only for their intended purpose. Owners and Occupiers must: (ii) (iii) not restrict or seek to restrict any other Owner s or Occupier s (or their Invitees ) right of use of or access to the Apartment Common Areas under this Statement; keep free and unobstructed all Apartment Common Areas at all times and must not place or store any items or personal items on the Apartment Common Areas; and comply with the requirements in this Statement and the directions of the Apartment Owners Association in relation to the use of the Apartment Common Areas. Notwithstanding clause 13.1, the Apartment Owners Association may temporarily or permanently restrict all or any Owners and/or their Occupiers (and their Invitees ) access to designated Apartment Common Areas in the following circumstances: (ii) (iii) in the case of emergency; in the event that the Apartment Owners Association or the Master Developer requires the utilisation of an area within the Building (other than any Exclusive Use Area) from which to carry out its administrative functions or otherwise fulfil its obligations under this Statement or the Master Community Declaration; and/or in the event that areas are required to be cordoned off in order to carry out works, 14
13.2 Leisure Facilities provided always, in respect of any permanent restriction, the Apartment Owners Association does so by Special Resolution and that such restriction does not substantially and detrimentally affect the use and enjoyment of the Apartment of any Owner or Occupier. (e) (f) (g) The Leisure Facilities form part of the Apartment Common Areas under the control and responsibility of the Apartment Owners Association including the cleaning, repair and maintenance of the Leisure Facilities. Owners and Occupiers must strictly comply with the directions of the Apartment Owners Association Manager (and its nominated Suppliers) when using the Leisure Facilities. The Apartment Owners Association may specify restrictions as to the use of the Leisure Facilities, including limiting the use of one or more Leisure Facility to children and/or females at all times or during certain hours. The Apartment Owners Association and the Owners must not allow any member of the public who is not an Owner or Occupier (or their permitted Invitee) to access or utilise the Leisure Facilities at any time and must not offer any memberships or usage rights to any member of the public in this regard. An Owner must not (and must ensure that any Occupier does not) bring onto, or consume, any alcohol in or at any of the Leisure Facilities. The Leisure Facilities are for the exclusive use of the Apartment Owners and their Occupiers only and are not available for use by any Invitees of the Apartment Owners (or their Occupiers) and have not been designed to cater for such use. The Apartment Owners Association may vote to allow Invitees of the Apartment Owners (or their Occupiers) to use the Leisure Facilities during periods of low occupancy, and if such resolution is passed, may impose such restriction upon such entry and use including, without limitation: (ii) (iii) (iv) limiting the number of Invitees that Apartment Owners (or their Occupiers) may invite; limiting the times and days that Invitees may utilise the Leisure Facilities; limiting the areas and facilities within the Leisure Facilities that are available for use by the Invitees; and charging an access fee on Invitees for the use of the Leisure Facilities. (h) An Owner must supervise its Invitees use of the Leisure Facilities and must ensure that its Invitees comply fully with the Building Rules and the direction of the Apartment Association Manager (and its nominated Suppliers) when using the Leisure Facilities. 13.3 Restricted Common Areas Although designated as Common Areas, Owners may not access any Restricted Common Areas without the prior Approval of the Apartment Owners Association. The Apartment Owners Association may lock or otherwise prevent access to the Restricted Common Areas as it considers necessary or desirable either on a temporary or permanent basis. Should an Owner or Occupier (or its respective Suppliers) access any Restricted Common Areas, it must follow the directions of the Apartment Owners Association at all times. 15
Should an Owner or Occupier (or their respective Suppliers) access any Restricted Common Areas, it does so solely at its own risk. 13.4 Damage to Apartment Common Areas An Owner or Occupier must not without Approval: (ii) (iii) damage a lawn, garden, tree, shrub, plant or flower forming part of the Apartment Common Areas; use a part of the Apartment Common Areas as a garden; or mark, paint, drive nails, screws or other objects into, or otherwise damage or deface, a structure that forms part of the Apartment Common Areas. Owners and Occupiers must: (ii) immediately notify the Apartment Owners Association if they know about damage to or a defect in the Apartment Common Areas; and compensate the Apartment Owners Association for any damage to the Apartment Common Areas caused by it, its Invitees or persons carrying out works on its behalf. 13.5 Suspension of use of Apartment Common Area Without limiting the generality of clause 1.2, the Apartment Owners Association may suspend an Owner s (and its Occupiers and Invitees ) use of the Apartment Common Areas (including the Leisure Facilities and the Car Park) in the event that: (ii) (iii) the Owner or Occupier fails to pay all moneys due and payable to the Apartment Owners Association under this Statement by the due date for payment (including any fines payable under clause 22.4); the Owner or Occupier fails to pay all moneys due and payable to the Master Developer under the Master Community Declaration by the due date for payment; and/or the Owner breaches its obligations under this Statement or the Master Community Declaration and fails to rectify such breach upon notice within the period specified in such notice, for such period as any such breach is subsisting. Any suspension of the use of the Apartment Common Areas pursuant to clause 13.5 is without prejudice to any other right of action of the Apartment Owners Association and the Master Developer in respect of any breach of the Owner s obligations pursuant to this Statement or the Master Community Declaration. 13.6 Signage In accordance with all Applicable Laws applicable at the time of construction of the Building, Signage displaying the name of the Developer may have been erected on the Façade and other parts of the Building. The Owners acknowledge that the Intellectual Property associated with the name Meera and the Developer s name is the sole and exclusive property of the Developer. The Owners must not use the Intellectual Property associated with the name Meera and the name of the Developer without the prior consent in writing of the Developer (which may be given or withheld in the Developer s absolute discretion). 16
(e) Owners must not vote to change the name of the Building from Meera and must not remove any Signage erected by the Developer or seek to charge the Developer any fees with respect to the placement of such Signage whatsoever. The Developer shall be solely responsible for the repair and maintenance of any Signage erected by or on behalf of the Developer, and shall ensure that at all times such Signage is maintained to a standard at least equivalent to the standard of the remainder of the Building. The Developer may in its sole discretion remove, replace or install any additional Signage displaying its name at any time or require the name of the Building to be renamed. 13.7 Security Access In addition to its powers under the Real Estate Law and subject to this Statement and the Master Community Declaration, the Apartment Owners Association has the power to: (ii) (iii) (iv) close off or restrict by Security Keys access to parts of the Apartment Common Areas that do not give direct access to an Apartment; restrict by Security Keys access to levels in the Building where an Owner or Occupier does not own or occupy an Apartment or have rights to an Exclusive Use Area; allow its appointed Suppliers to use parts of the Apartment Common Areas to operate or monitor security of the Building and, in doing so, exclude Owners and Occupiers from using these areas; and make agreements with other persons to exercise its functions under this clause 13.6 and, in particular to manage the Security Key system, which may require Owners to pay an additional administration fee for the provision and management of Security Keys. (e) If the Apartment Owners Association restricts access under this clause 13.6, the Apartment Owners Association may provide Owners and Occupiers with a number of Security Keys per Apartment. Any additional or replacement Security Keys required by an Owner or Occupier will be charged to the Owner or Occupier at a fee determined by the Apartment Owners Association. An Owner and Occupier may not copy Security Keys or give a Security Key to someone who is not an Owner or Occupier of its Apartment. Owners and Occupiers acknowledge that the Security Keys belong to the Apartment Owners Association and agree to comply with the reasonable instructions of the Apartment Owners Association (or its appointed Supplier) regarding the Security Keys from time to time. Owners and Occupiers must also: (ii) (iii) (iv) if required, promptly return Security Keys to the Apartment Owners Association (as applicable) to be re-coded; take all reasonable steps not to lose Security Keys; return Security Keys to the Apartment Owners Association if they are no longer required or an Owner or Occupier no longer owns or occupies the relevant Apartment; and promptly notify the Apartment Owners Association if they lose a Security Key. 17
14 Exclusive Use Rights 14.1 Rationale for Exclusive Use Rights Exclusive Use Rights are granted to an Owner to record the Owner s right to exclusively use designated areas of the Apartment Common Areas, more fairly apportion the costs for maintaining, repairing and replacing such Apartment Common Areas, and make Owners granted Exclusive Use Rights responsible for the Apartment Common Areas which they exclusively use. 14.2 Granting of Exclusive Use Rights The Owner of the Apartment specified in Column A of Schedule 6 has the Exclusive Use Right with respect to the Exclusive Use Area specified in Column B of Schedule 6 subject to the provisions contained in this Statement and the conditions specified in Column C of Schedule 6. In addition to the Exclusive Use Rights specified in clause 14.2, the Apartment Owners Association may, by Special Resolution, where the benefited Owner also votes for such a motion, grant an Owner the Exclusive Use Rights with respect to other designated Exclusive Use Areas subject to the provisions contained in this Statement. When granting any Exclusive Use Rights pursuant to clause 14.2 the Apartment Owners Association must ensure that: (ii) the Exclusive Use Area is clearly identified and defined; and appropriate conditions are imposed on the Owner benefiting from the Exclusive Use Right with respect to the use and enjoyment of the Exclusive Use Area including conditions with respect to the Operation and insurance of the Exclusive Use Area and the payment of any costs to the Apartment Owners Association in respect of the Operation and insurance of the Exclusive Use Area. Nothing contained in clause 14.2 shall entitle the Apartment Owners Association to grant Exclusive Use Rights to an Owner in such a manner as to substantially and detrimentally affect another Owner s right to use the Apartment Common Areas (unless the affected Owner votes in favour of the granting of the Exclusive Use Right). 14.3 Variation of Exclusive Use Rights The Apartment Owners Association may only vary or extinguish an Owner s Exclusive Use Right by way of Special Resolution where the entitled Owner votes in favour of the proposed motion. Nothing contained in clause 14.3 shall affect the right of the Apartment Owners Association to suspend the use of an Exclusive Use Area in the event that an Owner fails to comply with the provisions contained in this Statement. 14.4 Transfer of Exclusive Use Rights An Owner may transfer its Exclusive Use Right to another Owner with the prior Approval of the Apartment Owners Association whose Approval may be withheld if the Apartment Owners Association considers that the transfer of the Owner s Exclusive Use Right is not in the best interest of the Owners. In the event that the Developer retained ownership of any Exclusive Use Rights as at the date this Statement takes effect, the Developer may transfer such Exclusive Use Rights to any Owner without the consent of the Apartment Owners Association. 18