# Are we entittled to a refund



## thefultons (Nov 25, 2009)

We happily moved into our apartment and had nothing to complain about, BUT 4 months ago all the pools were drained. To cut a long story short there are just over120 flats and only 40 owners have paid their maintenance fees this year and aparently this figure is more than last year. 
In a nut after telephoning different people within the management I have found out that the legal in sanctioning such a payment to repair the pools will not do so and has no intention of doing so until all maintenance payments overdue are paid,and now this weekend i have found out that management will now not repair general issues such as ac elec and plumbing issues. We have contacted our landlord whom is quite annoyed about the whole situation infact offered for us to use his private pool on the palm but that certainly is not an option or me,. My question is are we legally entittled to a refund of our cheques in advance in order to enable us to move to hopefully better managed apartments in the Marina. All help will be appreciated.


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## wandabug (Apr 22, 2010)

Does your Tenancy Agreement have a get out clause?? If not then No, you will not get a refund. Unfortunately this is an issue with the facilties company that manage the building. Look at is this way - if your landlord has paid his service fees,he has done nothing wrong - if he refunds you he will end up with an empty apartment that he is unable to rent out again because of the empty pool etc. On occasions RERA may award a refund to Tenants (usually minus a 60 day penalty), however I doubt they would get involved in your situation. What building is this????


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## Jynxgirl (Nov 27, 2009)

I would not look for that refund. Use the pool that is offered and just look at the positive that at least your landlord is giving you that option. Most are just stuck out with nothing to use. You could move to another building but may very well end up with the same situation. 

Just imagine, all the construction going on to finish up so many of the buildings that had set half completed. More apartments will be 1/10th full, with no tenants in sight but the ones who they get to move in with very enticing offers, probly going to soon realize the same fate when owners can not get people in and can not afford to maintain the extras. You would think they would stop building now!


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## thefultons (Nov 25, 2009)

Hiya it is Horizon Towers, Our landlord is extremely nice and infact last night text me to assure me that he will now put a private 24 maintance contract inplace for our use if any such problems with maintenance happen. The issue with the pools I know are not him just really bad management, and fear this situation will now multiply. 
Oh well looks like we will be moving at the end of our contract which is a pity but we really do need a pool as 7 kids coming and going from the UK and keeping them stuck indoors is no joke.


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## wandabug (Apr 22, 2010)

This is happening to so many towers. I wonder if the owners have an issue with the maintenance company and some of them have withheld payments. Draining the pool is the worse thing they could do, now the landlords will not be able to rent their apartments and will certainly not want to pay service fees for an apartment with no income. It's a shame because the pools at Horizon are so nice. Maybe you could use a pool in one of the towers nearby, just walk in as if you live there.


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## Maz25 (Jul 6, 2008)

thefultons said:


> Hiya it is Horizon Towers, Our landlord is extremely nice and infact last night text me to assure me that he will now put a private 24 maintance contract inplace for our use if any such problems with maintenance happen. The issue with the pools I know are not him just really bad management, and fear this situation will now multiply.
> Oh well looks like we will be moving at the end of our contract which is a pity but we really do need a pool as 7 kids coming and going from the UK and keeping them stuck indoors is no joke.


As a short term solution up to the expiry of your lease, why not head to JBR and use the pools there or just head to the beach? You can also use this as a perfect excuse to take the kids out to other places like the Al Ain Zoo, Dolphinarium, Dubai Mall Aquarium, etc, which would also provide vital entertainment.

I'm not sure which building my colleague lives in but he has also been complaining that the management firm has shut down the gym and drained the pool and even tried to disable all the access cards - they backed down on the access cards when the residents turned up in mass but have thus far not reopened the gym or the pool. It seems to be a common occurrence where everyone is up in arms and are actually hurting each other's business in the process.


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## wandabug (Apr 22, 2010)

They threatened us with the same thing and we called the police, the management company backed down and opened up the facilities.


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## terf (Apr 21, 2010)

Sorry to hear about what's going on at the Horizon! Hope you find a solution to the pool situation.


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