Prosecution warning for over 500 strata owners

Owners of the 521 unregistered strata properties in Jamaica have been notified that they are liable for prosecution, effective the end of January, by Chief Executive Officer of the Commission of Strata Corporations Sandra Watson.

The majority of the properties, are located in Westport, Portmore, St Catherine.

"If they do not register, we will be forced to use the penalty aspect of the law. We do not want to use it, but we will be forced to, as we want every single strata plan to be registered," said Watson, who is also general manager of the Real Estate Board (REB).

"As it stands, the law allows for prosecution in cases where a strata plan is not registered with the commission."

The Strata Commission counts 1,532 strata corporations across Jamaica, of which 994, or 65 per cent, have already, registered.

The commission issued a statement last week in a "final appeal" to the other 35 per cent to pay up their fees by January 28.

Under the revised strata law, the courts can fine the members of the plan or the executive of the strata corporation a maximum of $250,000.

The amended law was passed in December 2009 and came into effect January 1, 2010.

The Strata Commission, which was established four months later, immediately launched an education campaign on the new law and its implications for property owners.

They were also given time to comply with the law, but the amnesty period is now over.

"We have written to strata properties and have had letters hand-delivered. We have written three different letters inviting members of strata corporations to register," Watson said.

mandatory registration

She said some responses have been positive, while noting that registration was to the strata corporations' benefit.

"We cannot offer a service to them if they are not registered with us and we are not able to access data on their strata," the CEO said.

The Registration (Strata Titles) (Amendment) Act makes it mandatory for all strata corporations to register with the commission within 90 days of becoming a body corporate.

There is a one-time registration fee of $500 per unit in each strata complex.

Delinquent owners of strata lots who refuse to pay maintenance contributions and are reluctant to settle insurance costs will face stringent action under the law.

A strata corporation can exercise a power of sale for non-payment of contributions to the corporation by an owner by applying to the Commission of Strata Corporation for a certificate of sale.

Watson said that most strata corporations are reluctant to go this route as the members recognise the importance of a house to the owner and do not want to deprive people of this possession.

However, while insisting that the Strata Commission also does not want to take this final solution to delinquent owners, the laws need to be obeyed.

The commission has the power to assume the role of administrator of a strata corporation where the body is not carrying out its duties.

Watson said that a Strata Appeals Tribunal has been established to hear appeals and adjudicate on matters affecting the administration and management of strata properties.

- JIS