Question: I am a Dubai tenant living in a pet-friendly community. I came to the community knowing fully well that pets are allowed. However, my neighbour’s dog is just too loud and keeps barking into the night. Can I complain about this? More importantly, what will happen to that dog? I am a pet lover and don’t want anything bad to happen to that dog.
Answer: Pursuant to your queries, as you are residing in Dubai, the provisions of Law No. (6) of 2019 Concerning Ownership of Jointly Owned Real Property in the Emirate of Dubai (the Dubai Jointly Owned Property Law) is applicable.
It should be noted that keeping pets in a jointly owned property may be legal, provided the owner complies with the rules and regulations set out by ‘Owners Committee’ and with the ‘Master Community Declaration’.
Article 6 (b) of the Dubai Jointly Owned Property Law states: “An Occupant shall be under an obligation towards the Developer, the Owner, the Occupants of other Units, and the Owners Committee to comply with the Master Community Declaration, Statute, and Building Management Regulation to the extent that their provisions apply to that Occupant.”
Based on the aforementioned provision of law, if the residents of the jointly owned property are allowed to keep pets and if it does not create any nuisance to other residents, then they may be allowed.
However, considering that your neighbour’s dog keeps barking into the night which is a cause of nuisance for you and the other neighbours, you may initially approach the said neighbour and request him to train his dog.
However, if the problem continues, then you may file a complaint with the ‘Owners Committee’. If your neighbour is residing as a tenant, then you may also file a complaint with his landlord, who will then refer it to the ‘Owners Committee’.
The ‘Owners Committee’ may request your neighbour to make necessary arrangements from his end to ensure that his dog do not cause any nuisance.
In the event your neighbour’s dog continues to create nuisance or disturbance and if its presence is considered dangerous, you or the ‘Owners Committee’ may make a complaint with the Dubai Police and the Dubai Municipality.
Based on the said complaint, the Dubai Police and/or the Dubai Municipality may contact your neighbour and caution him to take proper care of his dog and ensure that it does not cause any nuisance.
However, if the dog continues to cause nuisance, then the authorities may take necessary action against your neighbour. The action will not be against the dog as it is the responsibility of the owner to ensure that his pet does not cause nuisance to residents and general public.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: firstname.lastname@example.org or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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