Real Estate Services and Texts Thereof In Kuwait

Homeowners' Associations is an entity that organizes the management of the joint property of several floors or different apartments. The role of this association is to manage the affairs of the property and everything related to its maintenance and utilization, as well as to be liable for any damage to the owner.

If a group of individuals co-owns a property, whether by building it together or purchasing it, Kuwaiti law allows them to restrict their ownership in the Real Estate Registration and Documentation Department in Kuwait, thereby requiring an experienced Kuwaiti real estate lawyer to assist them in establishing a house owner's association, Such an entity shall be solely and exclusively responsible for the common parts of the property and shall be based on the interests of all the owner; After acquiring an independent legal personality, starting from the date of its publication in the Official Gazette of Kuwait.

Joint ownership of real estate in Kuwaiti law includes the land area on which it is built, as well as joint benefits not intended for individual use; such as courtyards, entrances and corridors to the property, gardens, parking lots, elevators and stairs, along with building foundations, pillars and main walls, and all about the construction structure and its common accessories for the general owner; which is detailed during the establishment of Homeowners' Associations (HOA) for periodic follow-up thereafter.

The Homeowners' Associations is primarily responsible for the management and organization of the property and the sole guardian of the interests of all the owners of the apartments or floors in the building in question, so all owners must agree on the basis of managing this entity, in order to achieve the required benefit or prevent potential damage.

An expert Kuwaiti estate law firm will help you establish an entity to regulate the property with the consent of the majority of the owner, as permitted by Article 859 of the Kuwaiti Civil Code. If this Association is not established, the regulation of real estate affairs becomes very chaotic, and the full use of the units will not be achieved.

Thereafter, a Board of Directors of the association shall be elected from the General Assembly, which shall include all the owners of the floors, apartments or units of the property, which shall be the supreme authority having the last word. The Board of Directors of the Homeowners' Association is composed of three members, whose main task is to monitor the performance of the association Director and safeguard the owner's rights and any damage to them. The Governing Council of the association meets once every three months; is entitled to additional meetings if needed.

Thus, it becomes clear that your use of a Kuwaiti estate attorney specializing in real estate affairs will help you to understand and apply the articles related to the management of the Homeowners' Association under Kuwaiti law.

Kuwait's Civil law regulates the administration of property owned by citizens; when owning property or a group of residential or commercial properties; The owner can authorize an office or an assets protection law firm in Kuwait to administer real estate affairs for both the owner's and the tenant's rights and stays between them or potential problems.

Law No. 67 of 1980 contains detailed provisions for regulating the management of this type of property.  Article 854 of the law gives the owner the right to "dispose of the part that he owns, and may use or exploit the same, in a manner that does not conflict with the agreed allocation or with what has been prepared for it."

Property ownership rights are guaranteed to individuals in Kuwait. This entails the existence of laws on real estate disputes, which require a lawyer specializing in real estate law to assist you in related cases. In some cases, he can also act as an amicable settlement between the disputing parties, without recourse to justice.

Citizens need an expert lawyer when a property dispute arises; The most famous example of these disputes is inheritance issues. It is also recommended to hire a real estate attorney to handle issues related to the sale, rental, or construction of the real estate, the issuance of its license, as well as the rental of a property for housing or work, and real estate taxes, and real estate insurance.

For a competent commercial real estate lawyer to be selected, important conditions must be met; The first is an experience in this field, mastering laws such as real estate registration, civil law, laws on enforcement of sentences and penalties, civil liability law, and commercial law.

The law allows Kuwaiti investors the right to own property outside the state, by article 51 of the Foreign Relations Act No. 5 of 1961, which stipulates what applies to the property in terms of its possession and ownership and the rights in kind that may result therefrom, and how these rights are acquired, transferred and terminated, are the law on the location of the property.

The Kuwaiti investor thus needs a real estate law firm in Kuwait to help him manage his properties abroad and settle any related disputes or preserve him from the real estate monument.

Finally, it is clear from all the above that Kuwaiti law enjoys a variety of articles guaranteeing individuals and citizens the right to administer their real estate and preserve their property both inside and outside the State; For all legal proceedings to proceed smoothly, you must select a competent lawyer or legal consulting firm with experience in real estate cases and related disputes, to guarantee your full rights.