Community managers in ADGM operate at the intersection of registered property law, implied easements, and express covenant obligations. The RPR 2024 gives OAs significant enforcement tools — but draws hard lines around self-help remedies. Understanding both sides of this line is critical.
1. Legal foundation — how OA rights are registered
Each Strata Lot folio notes that ownership may be subject to benefits and burdens under the Strata Development Documents, building sales agreement, co-owners' constitution, and master community declaration. (s.30(2)) The OA share — the unit's proportionate interest in common areas — is registered as part of the unit's interest. (s.30(2)(b))
For community covenants to bind successors-in-title, they must be registered as covenants on each Strata Lot folio under section 98. Unregistered community rules bind only the original signatories — they do not automatically run with the land. Registration is how the OA ensures community obligations transfer to every future owner without renegotiation.
2. Service charge liability — runs with the land
Section 95 creates a covenant to contribute to the cost of constructing or repairing the subject matter of any easement that binds successors-in-title automatically. Section 107 extends this: positive covenants — including service charge obligations — run with the land in ADGM (unlike English law). The practical result:
| Party | SC liability period | Basis |
|---|---|---|
| Current registered owner | All charges during ownership | s.95, s.107 |
| Outgoing owner (after transfer) | Only charges accrued pre-transfer | s.95(2) |
| Incoming buyer | All charges from date of registration onwards | s.107 |
| Tenant (STRL lessee) | Per lease terms (default: lessor pays SC) | s.58 |
SC liability transfers automatically — the OA does not need to obtain a new agreement with each incoming owner. It binds by operation of law through the registered covenant.
3. Easement-in-gross — infrastructure without owning land
Section 81 permits an easement-in-gross — an easement held by a party without any dominant land. Section 96 provides the equivalent for covenants-in-gross. These provisions are specifically designed for utility companies and community managers: the OA can hold infrastructure access rights across the entire development without being a land owner. This is essential for managing service routes, maintenance corridors, and common infrastructure.
4. Enforcement of SC debts — what OAs can and cannot do
| Action | Permitted? | Basis |
|---|---|---|
| Issue demand letter | Yes | Standard debt collection |
| ADGM Court debt action | Yes | Primary enforcement route |
| Register statutory charge | Only if statute permits (s.80) | Requires enabling legislation |
| Register contractual lien | Only if expressly in Strata Docs | Must be in registered covenant |
| Cut utilities | No — absolute prohibition for STRL (s.59(4)); breach for all | s.59(4); easement breach |
| Block access to common areas | No — breach of easement obligations | s.84, s.85 |
| Block or delay unit sale | No — absent registered charge or restrictive covenant | No lien without express basis |
| Evict residents | No — only lessor can, via Court | s.63 |
5. Variation and extinguishment of community covenants
Varying registered community rules requires registration of a variation instrument under section 101. The variation must comply with the governance procedures in the co-owners' constitution — typically a majority vote — and is only effective against third parties once registered on each unit folio.
Where a covenant has become obsolete — for example, a use restriction that made sense for the original development but is now irrelevant after redevelopment of the area — section 104 allows Court extinguishment. The Court must be satisfied that the purpose of the covenant is now obsolete or that it confers no practical benefit of substantial value. Compensation may be awarded to any covenant beneficiary. Section 92 provides the parallel power for easements, with a 12-year non-use threshold creating a presumption of abandonment under section 91(2).
6. Practical onboarding checklist for new community managers
- Audit each unit folio: confirm OA constitution and master community declaration are registered as covenants (s.98)
- Obtain certified copies of Strata Development Documents from Registrar
- Map all easements-in-gross held by OA (s.81) — service routes, maintenance corridors
- Establish SC budget using strata schedule allocation per unit
- Build SC arrears register — identify current defaults before takeover
- Confirm OA's authority to act — register OA constitution if not already done
- Set up SC payment mechanism — bank account separate from management fees
- Obtain insurance for common areas and OA liability
- Document all infrastructure: service routes, party walls, subdivision-plan easements
7. Public authority charges — the priority override
Section 80 allows certain public authorities to create statutory charges over property that override even prior registered mortgages, if the enabling statute permits. OAs must factor this into their priority analysis when pursuing enforcement — a public authority charge registered after the OA's demand will still rank ahead of the OA's debt action against the unit. Maintaining up-to-date folio searches on all units with significant arrears is essential.
This article is for general information only and does not constitute legal advice. For advice on a specific ADGM real property matter, please contact us. Last updated: 19 May 2026.