Petition to Create an HOA for the Arabian Ranches 1 Community
Arabian Ranches HOA United Arab Emirates 0

Petition to Create an HOA for the Arabian Ranches 1 Community

594 people have signed this petition. Add your name now!
Arabian Ranches HOA United Arab Emirates 0 Comments
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Dear Owners of the Arabian Ranches 1 Community:

Given that:

1. We have not seen any Master Community Declaration by ECM with regards to the Arabian Ranches (1) community, as required under Law 6 of 2019, Art 21, to be approved by RERA, setting out rights of home owners, including contractually with Emaar.

2. Given the increasing cost pressures on the community, and the need to ensure the right priorities are being pursued and the most value-adding investments are being undertaken for the betterment of the community, the value of the AR1 development and the enhancement of the quality of life of residents.

3. A registered HOA with RERA will allow the AR1 owners to interface with Emaar, per Law 6 of 2019 Art 22 (b), which states that Cat 1 developments are allowed to have an HOA. A committee will be approved by RERA Art 18 (a), which provisions that a Major Project will have an Owners Committee (“HOC”) constituted of members approved by RERA.

4. In order for owners to file this request with RERA, per Art 22 (b), to constitute an HOC upon the registration of at least 10% of unit owners on the DLD Property Register upon which the HOC will select from its members a Chair who will represent it before the ECM and RERA.

5. Per Art 24, the HOC is granted (1) rights to verify the O&M and repair of common parts, (2) review and provide recommendations on the annual budgets and to request financial reports. The HOC can also (3) discuss difficulties related to the management operation and repair of the common parts and submit recommendations to ECM OR RERA as the case may be. 24 (4) notify complaints and suggestions of Owners to RERA if ECM fails within 14 days of notice.

This petition is being filed to showcase that at least 10% of the unit holders within the Arabian Ranches 1 (Wadi Al Safa 6) community would like to set up a Home Owners Association along the following high level vision:

A - to uphold the value and integrity of the community,

B - to interface with ECM and RERA and the UAE courts when required,

C - to ensure ECM provides value added services to the community and a safe secure quality environment for the community,

D - to ensure that service charges and fees are charged fairly, economically, and in the best interests of the community and in accordance with UAE and Dubai laws.


The Arabian Ranches 1 HOC will need to additionally further build out the required governance, along the following high level guiding principles:

i- A 9 member committee including key skill sets, such as: (i) accountancy/auditing (ii) tech (iii) architecture (iv) MEP engineer (v) Landscape engineer (vi) legal (vii) general management, and/or other key skills TBD, all able to support the community, not to mention the required time commitment.

ii- Review the mechanism for changes in committee members, holding meetings quorum, general assemblies, etc

iii- Review representation quotas of all communities within AR1

iv- Define authorized spokespersons, signatories etc

v- appointment of professionals/consultants/ sub committees

vi- manage and oversee costs and expenses of HOC if any.


Ask to the AR1 Home / Unit Owners:

By signing this petition, you are pledging that

1/ you are an owner of a unit/villa in AR1 communities.

2/ you support this petition for the creation of an HOC to represent the rights of the AR1 communities.

3/ By submitting a vote and providing their name and address/plot number, or any other personally identifiable information the HOC will require (“Personal Data”) so by hitting the ‘vote’ button, or sending their email with their vote and this data, each unit holder/data subject, confirms its acknowledgment and agreement to the terms of the privacy notice and consents to the use of their Personal Data in the manner set out in the privacy notice.

4/ you will kindly include in Signature:

(a) your full name in block letters
(b) in Comments: your Community, Street name/number, and Villa number, and number and/ or email address. If joint owners ie. husband and wife, please ensure both sign.
(c) Votes not including above will be discarded as we have to show proof to RERA of a minimum quorum/ critical mass

NOTE 1. This petition precedes an electronic vote to appoint a 9 member HOC. Please indicate your expertise if you wish to participate.

NOTE 2. The law only allows one 9 member AR1 HOC to be constituted. AR1 communities not represented by the HOC will be represented by subcommittees.

==== DATA PRIVACY NOTICE ====

The Arabian Ranches 1 HOA Committee (the Committee, we, us, our) takes privacy seriously and we respect the privacy of all unit holders being represented by by the Committee (“you”, “your”, “yours”). During your time supporting the Committee and until such time that is approved by RERA, we may need to process some of your personal data.

Please note that the lists below is exhaustive and there are no other examples where we would hold, collect, use or share your personal information during the life time of the Committee without your consent.

THE PERSONAL DATA WE MAY HOLD

We may hold the following categories of personal data about you, as an individual working for the Committee (“Personal Data”):

• [your name, address and contact details, including email address and telephone number, date of birth and gender;

• details of your qualifications, skills, experience and employment history, including start and end dates with previous employers and with the Committee if such information is voluntarily shared by you to support the Committee;

• financial information relating to any housing fees, community fees, ECM statements or other information you chose to share for the purposes of supporting the Committee

• information about your nationality should you choose to share it;

• copies of your [Emirates ID], passport or academic qualifications, if you choose to share it;

• details of any disciplinary or grievance procedures you have against ECM, in which you have been involved, including any warnings issued to you, and related correspondence;

PROCESSING OF SENSITIVE PERSONAL DATA

We will not ask for any Personal Data that may be considered sensitive due to its nature (“Sensitive Personal Data”).

Sensitive Personal Data is data which directly or indirectly reveals a natural person's data relating to a person's health and physical, psychological, mental, genetic or sexual condition, including information related to the provision of healthcare services to the person which reveals their health status.

HOW WE MAY COLLECT YOUR PERSONAL DATA

We may collect Personal Data about you:

• directly from you;

• through data that might be contained in the petition;

• through information collected through interviews or other forms of assessment or testing;

• from public sources;

• from third parties such as neighbors, ECM or DLD records.

HOW WE MAY USE YOUR PERSONAL DATA

We process your Personal Data:

• where we have your explicit consent; or

• where the applicable legislation or regulations sets out the circumstances in which the Committee can process your Personal Data without your consent.

In some cases, the Committee needs to process Personal Data to satisfy its obligations to comply with applicable legislation or regulations. For example, processing is required to check a resident’s eligibility to be represented by the HOC.

The Committee may also need to process data from you to make appeals or representations to RERA, the DLD or ECM.

Where consent is required from you, we will require that it is provided by you in a specific, clear and unambiguous manner in order to comply with the applicable legislation or regulations.

Personal Data requested by us is the minimum required in order to fulfil legal and/or contractual requirements and to provide opportunities to you as a unit holder at AR1. Failure to provide us with the Personal Data requested may affect your ability to be properly represented in this petition and later on by the HOC.

SECURITY OF YOUR PERSONAL DATA

The Committee takes the security of your Personal Data seriously. It has internal policies and controls in place, and implements technology measures, to ensure that your Personal Data is not lost, accidentally destroyed, misused or disclosed or subject to unauthorised access.

The Committee will update these policies, controls and measures from time to time as appropriate, including when new technology becomes available.

RETENTION OF YOUR PERSONAL DATA

The Committee will hold your Personal Data for the duration of its existence and for any length after this as may be necessary to adhere to legal and statutory obligations.

In all cases, your Personal Data will be either be deleted or securely anonymised (as appropriate) when it is no longer required.

YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA

The Committee aims to keep the Personal Data we hold about you as accurate as possible. As a data subject, you have a number of rights. These include:

• The right to access [and obtain a copy of] your Personal Data on request;

• The right to request transfer of your Personal Data;

• The right to require the Committee to change incorrect or incomplete Personal Data relating to you;

• The right to require the Committee to erase your Personal Data (i.e. the ‘right to be forgotten’);

• The right to restrict or [object to][stop] your Personal Data processing (for example, where used for marketing purposes); and

• The right to object to automated data processing that has legal consequences for, or adversely affects, you.

If you would like to exercise any of these rights, please notify your community representative within the Committee or our (to be designated) Data Protection Officer in writing (either in hard copy or electronic form).

There may be circumstances in which any of the above requests from you may be declined by the Committee. These include, for example:

• Where the request affects the privacy and confidentiality of Personal Data of third parties;

• If the request contradicts legislation or regulations to which the Company is subject; or

• If the processing is necessary to pursue any of the procedures related to claiming or defending rights and/or lawsuits, or related to judicial proceedings.

In the event that your request is declined, the Committee will provide you with details of the basis on which the request was declined.

If you are unsatisfied with the basis on which the request was declined, you have the right to make a complaint to the DLD. If you remain unsatisfied, you have the right to lodge a complaint with the [Ministry of Economy Consumer Protection Department - hotline (600-522-225)] [UAE Data Bureau].

WHO IS RESPONSIBLE FOR ANY PERSONAL DATA COLLECTED?

We, the AR1 HOA, has the responsibility for any Personal Data collected relating to you.

SHARING YOUR PERSONAL DATA

Your Personal Data may be shared internally, including with members of the AR1 Emaar, DLD, RERA and other governance or regulatory authorities, where access to the data is necessary for performance of their roles.

The Committee may also share your data with third parties that process data on its behalf, such as ECM and its suppliers, or to ensure compliance with its legal and professional obligations, or in response to a request made by a government authority.

The majority of information the Company collects, including your Personal Data, is stored in the United Arab Emirates. The information which you give to us may be transferred to other countries outside of the United Arab Emirates. For example, some of the Committee’s activities, such as this petition, may require third party providers or their facilities, located outside of the United Arab Emirates. Where this is the case we will take steps to make sure the right security measures are taken so that your privacy rights continue to be protected.

By submitting your Personal Data to the Committee, you are agreeing to the transfer, storing and processing of your Personal Data by us, subject to applicable legislation or regulations.

TRANSFER OF YOUR PERSONAL DATA TO OTHER COUNTRIES OR JURISDICTIONS

[Your Personal Data may be transferred to other jurisdictions in the UAE, such as the Abu Dhabi Global Market (ADGM) or the Dubai International Financial Centre (DIFC), or to countries or jurisdictions outside the UAE.]

In such circumstances, the Committee will take such organisational, contractual and legal measures as are required under applicable legislation or regulations to ensure that your Personal Data is processed only for the purposes mentioned above and that, where required, adequate levels of protection have been implemented in order to safeguard your Personal Data.

WITHDRAWAL OF CONSENT

You have the right, at any time, to notify the Committee that you withdraw consent for the Committee to process your Personal Data.

Any withdrawal of consent must:

• be in writing (either in hard copy or electronic form);

• addressed to your line manager or the HOA Data Protection Officer; and

• clearly set out the processing for which consent is withdrawn.

In the event that the applicable legislation or regulations set out any requirements to which a withdrawal of consent must adhere, then this Employee Privacy Notice will be updated accordingly.

The withdrawal of consent will not affect the validity of the processing of your Personal Data which occurred prior to the withdrawal of consent. Depending on the nature of the processing for which consent is withdrawn, this may affect your ability to remain in employment with the Committee, or from participating in a program at, or receiving a benefit from, the Committee.

CHANGES TO THIS PRIVACY NOTICE

This Privacy Notice may be updated and changed over time.

You will be notified of any changes and be provided with an updated Privacy Notice for your review, acceptance and consent.

ACKNOWLEDGEMENT OF RECEIPT, REVIEW, ACCEPTANCE AND CONSENT

By signing this petition, you acknowledge that you have received, read and understood the Committee’s Privacy Notice. You hereby provide your consent to the collection, storage and processing of your Personal Data by the Committee, in the manner set out in thisPrivacy Notice. The Committee takes privacy seriously and we respect the privacy of all those working with the Committee (“you”, “your”, “yours”). During your time with the Company, we may need to process some of your personal data.

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