AS the wait drags on for long-promised legislation that will set clear guidelines for gated communities, behind the walls of many of these developments there is a struggle between residents who comply with the rules and those who flout them with impunity.

Among the issues that often cause conflict is some residents’ reluctance to pay monthly maintenance fees, leaving others to bear the financial burden that comes with keeping them and their property safe. There are also concerns that the communities are not as secure as expected, with missing perimeter walls or fences that are no match for trespassers.

The expense of being “gated”, which can run into several millions of dollars per month depending on the level of amenities provided, has left some homeowners wondering if it is worth the hassle or if it is a mere marketing ploy.

Members of the Board of Directors for Montego West Village Benevolent Society (MWVBS) are among those who think gated communities have not lived up to expectations. Their community of more than 3,000 residents who inhabit 1,174 houses has been gated for the last six years.

“The development was marketed as a gated community. Buyers were informed that the community would be fully enclosed, with durable walls designed to withstand environmental factors, and equipped with robust security measures. These measures included details about the height and strength of the walls, as well as entrance and exit gates designed to accommodate the projected use, based on the number of homes and expected residents,” the board said in a written response to questions from the Jamaica Observer.

It said there is an “urgent” need to put the promised legislation in place.

From as far back as 2017 it was announced that guidelines were coming, and Real Estate Board/Commission of Strata Corporations (REB/CSC) would have oversight for these communities. Speaking at a JIS Think Tank, then CEO at the REB/CSC Sandra Watson Garrick said the anticipated legislation would address issues such as the existing need for court action against non-compliant residents, instead of more easily applied and less costly sanctions.

The next update came at a handover ceremony for National Housing Trust’s Industry Cove Manor in Hanover on August 12, 2002 when Prime Minister Andrew Holness indicated that the Gated Communities Act would be brought to Cabinet for deliberations.

On Friday, REB/CSC Senior Legal Officer Oshane Vaccianna told the Sunday Observer that the work continues on what is now being referred to as the Registration (Shared Communities) legislation.

“A comprehensive draft of Bill has been prepared, consultations with agencies and departments of government — including the Attorney General’s Chambers — have also concluded. We anticipate preparation of the Cabinet submission in very short order,” he said in a written response.

“The objective of the RSC legislation is to establish a framework to govern the establishment of all communities with shared properties (which are not stratas). The RSC legislation will provide a regulatory framework to properly and effectively monitor and regulate shared communities,” Vaccianna added.

Members of the Montego West Village’s board are hoping it will solve some of the challenges now faced by their middle-income community nestled on the outskirts of the western city.

“Currently, the absence of effective enforcement mechanisms has left residents exposed to various issues including inadequate infrastructure, poor maintenance, and unchecked behaviours. Such legislation would greatly enhance our ability to enforce community rules and standards, providing a robust legal framework for maintaining order and ensuring compliance with financial obligations,” said the MWVBS.

Expenses for gated communities typically include security, landscaping, and utilities for shared spaces such as a club house and play area for children, as well as the cost of minor road repairs, drain cleaning as needed, etc. Unable to say how many gated communities are in Jamaica until the definition has been tied down under the anticipated legislation, Vaccianna agreed that they are on the increase.

There are two existing developments within 6km of Montego West Village — Irwin Point and Estuary Phase 2 — which are said to be exploring the option of going gated. However, for J, a resident of Estuary Phase 2 who asked not to be identified by name, the thought of an additional monthly expense is one of the reasons she is not in favour of the proposal.

“I don’t agree with that move. If they succeed I’ll sell my house. I clearly voiced that in our last meeting,” she told the
Observer.

A representative from her citizens’ association declined an interview request.

“I refuse to buy a home and, even after repaying my almost $50,000 a month mortgage, I’m still paying for gated community maintenance. It’s like buying a house but still paying rent,” J argued.

She is unmoved by assertions that being gated will mean improved security.

It is unclear how much Estuary residents would have to pay in fees but 5.4km away in Montego West Village the fee is $4,500 monthly. At Meadows of Irwin, which is about 5km from Estuary, the fee is $2,000 a month, down from $2,500 initially charged as the citizens’ association desperately tries to boost compliance.

Constrained by a lack of legislation that would force homeowners to pay up without taking them to court, established associations within gated communities have tried a combination of measures. These include deactivating access cards of those who are delinquent for a set number or months, forcing them to join a queue at the visitors’ entrance, and/or suffering the inconvenience of having to open the gate themselves. There have been tense exchanges at some entrances as a result.

“Proper legislation would establish clear guidelines and penalties for non-compliance, facilitating better management of these issues and improving overall community well-being. This support is crucial for sustaining the functionality and harmony of Montego West Village and other gated communities,” asserted MWVBS.

Their board is hoping the anticipated legislation will ensure that, in any dispute about overdue fees, state agencies such as National Land Agency and Tax Administration Jamaica will give more weight to information bodies like it provide. One of their goals is to ensure that property cannot be sold unless all fees are up to date.

“This would facilitate an automatic charge or lien against a home without an unwieldy process, precluding property transfers, until dues are settled,” said MWVBS.

REB’s Vaccianna stressed the need for prospective homeowners to ensure they have a clear understanding of the pros and cons of gated communities before buying.

“The purchase of a home/property is perhaps the greatest investment a person will ever make during their lifetime. We therefore encourage persons to engage an attorney to provide representation in these purchases. As part of that representation the attorney would inform their client of the fact that they are buying into a gated community, and explain the duties and obligations which flow therefrom,” he said.