The Resolution No 7 of 2018 regulating owners associations and joint properties,1 [The Resolution] made under Law 27/2017, came into effect on 26 September 2018 [the start date] and provides a new legal framework for joint properties, also known as Common Properties.
Over the last 20 years, the sale of apartment buildings has become increasingly popular in Bahrain. Such developments are known as Joint Properties or Common Properties, as the owners of the apartments jointly own the common areas, which may include shared facilities such as foyers, lifts, gymnasiums, pools etc.
The concept has been expanded to include villa developments where there are also common areas such as access ways or recreational areas. Note that common areas are intended to be owned jointly by all apartment or villa owners. The owners together constitute an “owners association,” a legal body responsible for maintaining the common areas.
Recent developments in Bahrain include multiple Joint Property buildings, each with its own owners association that is a member of an central or main owners association.2 RERA intends to issue follow-up resolutions to address the needs of such complex joint property developments.
In some recent developments, the “shared areas” are owned by the developer and not by the unit owners. These are not Joint Properties under Law 27/2017. A separate resolution will be issued by RERA on Master Community Developments.