Builders Jamaica April-July 2021

OPINIONS
Just as important as the role of the executive committee
is the role of individual unit owners. The payment
of contributions or maintenance is one of the main
responsibilities and ongoing costs associated with owning
a strata property. The exact amount is usually informed by
an agreed budget presented at a general meeting. This
contribution should be paid monthly, whether or not the unit
is occupied for an extended period of time, as it is mainly
used to maintain the outer/common areas such as the
roof, walkway, elevators, driveways, and recreational areas.
When an owner fails to pay his or her contribution, it puts
pressure on the others to make up the gap to be able to
meet its expenses. It’s worth noting that when a proprietor
fails to pay all or a part of the established contribution for
a period exceeding 30 days, the strata corporation has the
power to apply to the Commission to issue a power of sale
certificate for the property to be sold for the recovery of the
amount owed.
Unit owners should also have the interest of their fellow
proprietors at heart. They should consider how their
individual actions such as the non-payment of fees or breach
of by-laws can negatively affect the ability of others to enjoy
common areas as well as their personal space. In essence,
a sense of pride in personal ownership in tandem with an
abiding community spirit should make for effective strata
living and management for all parties.
Other considerations and responsibilities of owners include
the following:
general by-laws set out in the Registration (Strata Titles) Act.
If not provided, owners should ask the developer or seller of
the unit to provide a copy of the by-laws that apply to the
property.
Finally, developers, prior to the handing over of the units,
must take steps to set the foundation for the long-term
success and viability of the property. The developer should
ensure that the first annual general meeting for the strata
corporation is held within 90 days of registration of the
property. It’s critical that at this meeting, the following are
done:
1. Presentation of a budget outlining the proposed
maintenance charges apportioned according to unit
entitlement (or ownership share)
2. Presentation of peril insurance coverage quotations for
the corporation to vote on insurance coverage and provider
(otherwise there must be a unanimous vote not to insure)
3. Election of an executive committee
4. Ensure that the minutes of the meeting are taken.
If the various parties involved play their respective roles,
acting in good faith and in accordance with the law, it
should make for sound strata management and harmonious
strata living.
1. Permitting the corporation, at all reasonable times
and on notice (except in cases of an emergency), to
enter his or her strata lot for the purpose of inspecting
and making necessary repairs or maintenance to wires,
ducts, cables, and pipes within that unit which may affect
other units or the common property.
2. Repairing and maintaining his or her strata unit and
keep it in a good condition.
3. Using and enjoying the common property in a manner
that does not unreasonably interfere with or inconvenience
other proprietors.
Additionally, a proprietor should not use his or her unit
for any purpose which may be illegal or harmful to the
reputation of the property; make undue noise in his or
her unit or common area; or keep any animals in the unit
or common area, contrary to a decision of the executive
committee not to allow the keeping of animals.
Real Estate Board
www.reb.gov.jm
Unit owners must, therefore, familiarise themselves with
the by-laws that govern the particular property and/or the
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