“Mixed Developments” – Regulation Urgently Needed

“Lex malla, lex nulla. A bad law is no law.”

Cassandra Clare, “Lady Midnight”

The Legislature in Jamaica has moved in the right direction by giving “teeth” to what Strata Corporations can and cannot do by enacting amendments to the Registration (Strata Titles) Act 1969 and its Regulations in 2009 and 2010, respectively. Consideration needs to be urgently given however to “mixed developments” where strata lots and non-strata lots coexist and share common areas.

Indeed, in recent years the management of many “gated communities” have encountered problems for instance, when formula to calculate increases in maintenance charges of common areas conflicts with that stated in the Bye-Laws of strata plans duly registered at the National Land Agency (previously called the “Titles Office”). This potential problem is sometimes addressed in owner’s agreements that are signed by the strata and non-strata lot owners.

But what if these agreements do not exist or conflict with the provisions of the statute? Some argue that common sense should prevail and, even if the strata lots are mandated under the statute to pay maintenance charges pursuant to a set formula (unit entitlement based on the size of each unit usually), the mere existence of non-strata lots dictates that all lots in such developments should be held equally responsible for the charges regardless of the size of the unit. Others argue that this is perhaps unlawful and certainly unfair and that the answer is for the formula imposed under the statute to be applied to all lot owners.

What do you think?