More claims of the horrors endured by elderly Jamaicans — ranging from being turned out of their homes to being preyed on by developers who resort to criminal tactics to get their properties and lawyers making off with their retainer fees — captivated the attention of the Special Select Committee of the Senate now examining proposals for an Elderly Care and Protection Act on Tuesday.

A representative of Matilda’s Corner District Consultative Committee (MCDCC) in the Corporate Area, appearing before the parliamentary body at Gordon House in Kingston, in zeroing in on what she described as “the problem of accommodation”, called for more involvement on the part of the Commission of Strata Corporation in defending such individuals.

“In terms of policy, we would like to see the Strata Commission more involved in solving problems where other units in the strata seek to take advantage or even dispossess the elderly because of their vulnerability. So you could have a situation where they do investigations to find out what is the source of the problem and assist the elderly, because many don’t really understand the mechanisms involved or even have the information necessary to help themselves, so they become frustrated and develop all sorts of illnesses because they don’t know what to do,” the individual, who is also a justice of the peace, told the committee.

Stating that she was familiar with at least two such cases in her district, while pointing out that others might have kept silent out of fear, she said: “Essentially, I think there should be more in terms of protection for elderly people living in strata situations. Their needs should be taken into consideration.”

A strata, also known as a strata corporation or strata property, refers to a form of property ownership common in condominiums, townhouses, and apartment buildings. In a strata property, individual owners possess a portion of a larger building or development, typically referred to as a strata lot, while also sharing ownership of common areas such as hallways, elevators, and recreational facilities. Each owner is a member of the strata corporation, which is responsible for managing and maintaining the common areas and enforcing by-laws and rules governing the property. Strata properties are governed by specific laws and regulations to ensure orderly management and maintenance.

Asked by Government Senator and Psychiatrist Dr Saphire Longmore to say how widespread the issues with crafty developers were, the MCDCC representative said, “It is all over, Ma’am, it is all over. And, as a matter of a fact, in Kingston here, sometimes the developers actually do things sometimes to intimidate the people, some of them end up dead to be very frank”.

Opposition lawmaker Sophia Frazer-Binns, in noting that the complaints outlined by the MCDCC representative in the submission were “very serious”, said while the issues might fall outside the scope of the elderly Act being contemplated, they warranted the attention of the police.

Committee chair, Government Senator Sherene Golding Campbell, commenting on the disclosure, said: “This is a matter ripe for police investigation. If not reported, it should be, so the police can be alerted and can investigate because these are matters that existing laws deal with.”

In the meantime, she said the committee noted the representative’s call for it to consider the question of the attention paid to older people in strata communities, by the Commission of Strata Corporations.

Golding Campbell noted a complaint in the submission regarding the reluctance of the commission to engage its dispute resolution mechanism in a situation in which the strata committee had not filed the required financial statements.

“That’s something that has a legislative remedy because there is a legislative duty, both on the part of the strata community and on the part of the commission. That one is an easy thing to fix in law,” Golding Campbell said.

The representative of the MCDCC chimed in: “And further to that, Madam, the commission is afraid to give advice because they want a hands-off approach to the problem and the people without resources or information cannot defend themselves or even prepare a dispute resolution, so somebody has to help them to do it.”

The MCDCC, in the meantime, also called for lawyers to stop abusing the elderly while highlighting four cases in which attorneys had collected monies for matters and had done nothing.

“Of course, they take money and they don’t do anything,” the representative stated.

“Again, that has existing remedies,” Golding Campbell pointed out. “If it’s a situation where a member of the Bar has done something — taken retainer from a client and has not performed — then the General Legal Council has a complaints mechanism that you can make a complaint and have your grouse addressed, so that’s something that perhaps, at the community level, that older persons can get some assistance.”

At its previous sitting, on May 13, the special select committee heard of a number of instances of despicable treatment being meted out to the elderly, among them an elderly man “found starving in his apartment” after his accounts had been drained by his young lover; the “sexual abuse of older men by younger women who seduce them to gain control of their money”; and caregivers who clean out the bank accounts of their frail employers.

The cases were highlighted by the Caribbean Community of Retired Persons in its call for the country to enact laws protecting seniors from abuse.

Launched in April 2021, the MCDCC represents the Ministry of National Security’s commitment to promoting positive and robust relationships between the police and the citizenry.

Opposition Senator Dr Floyd Morris in 2021 had moved a private member’s motion resulting in the formation of the special select committee. The motion was approved by the Senate in October 2024. The special select committee, following its deliberations on the scope and details to be included in the legislation, will prepare a report for the Senate’s consideration before it proceeds to Cabinet.

GOLDING CAMPBELL… these are matters that existing laws deal with