There has been an explosion in high rise apartment buildings and townhome complexes, not only in the corporate area, but throughout the country. The increased popularity of apartment living has also spawned an increase in disputes and issues associated with this type of communal living.  Owners and potential buyers into these developments can look to the watchdog of the strata title regime, to protect and assist them with enforcing their property rights thereunder. 

Multi-unit developments are most often titled, and therefore regulated, under the Registration (Strata Titles) Act (“RSTA”) by the Commission of Strata Corporations (“CSC”). The CSC is tasked with ensuring that strata living does not become hell on earth. 

Under the RSTA land which is subdivided into lots in accordance with a strata plan must be registered with the Registrar of Titles. Upon registering a strata plan, a strata corporation is created which must be registered with the CSC. All strata corporations are liable to make annual returns, comply with their obligations and pay a statutory annual fee under the RSTA. Purchasers should always ensure that the strata they are buying into is registered with the CSC, and up-to-date with its annual returns.

These statutory fees go towards funding the CSC in the execution of its functions. The functions of the CSC include, to:

  • ● Monitor, regulate, and supervise the functioning of strata corporations;
  • ● Keep or cause to be kept a register of such corporations;
  • ● Enforce the mandatory registration of each strata corporation, and the filing of annual financial statements and reports by each strata corporation;
  • ● Facilitate the resolution of disputes, in particular, those between a strata corporation and a proprietor;
  • ● Consider complaints from proprietors that the amount of maintenance contribution levied is unreasonable or inequitable;
  • ● Enforce the by-laws of a strata corporation;
  • ● Provide for the procedures to be followed where a proprietor fails, neglects or refuses to pay maintenance fees to the strata corporation;
  • ● Issue strata corporations with certificates, authorising them to exercise their power of sale in respect of strata lots owned by a proprietor in default of the payment of maintenance fees; and
  • ● Establish a Strata Appeals Tribunal to hear appeals and adjudicate on matters affecting the administration and management of strata properties.

In carrying out its duties above, the CSC has many powers including to:-

  • ● Order the demolition of any extension to the external wall of any strata lot or the removal from the relevant lot of any structures, vehicles or other things, where the extension or presence of the structure, vehicle or other thing, is contrary to the by-laws;
  • ● Order the removal of animals from a strata lot;
  • ● Vary contributions where they appear to the CSC to be excessive or inadequate; and
  • ● Vary the interest payable by a proprietor in a validly given notice. 

The CSC also has the power to become the administrator of a particular strata corporation. This can be done by way of an application by an interested party to the Supreme Court of Judicature of Jamaica. Recently, for example, the CSC had applied for, and obtained, an order to become the administrator of a popular strata corporation in New Kingston, that was in dire need of assistance. Since the CSC’s intervention, that strata corporation has made a dramatic turnaround, and the CSC is looking to hand the operations of the strata corporation back to the proprietors.  

The CSC has served to watch over, guard, and facilitate the proper administration of strata corporations, and can be the best friend of every strata corporation, proprietor and resident.