New rules loom for property developers

PROPERTY developers could soon face greater responsibilities for the management and upkeep of residential and commercial projects, under proposed legislation that would require them to put maintenance budgets, governance arrangements, and other provisions for shared facilities in place before selling individual lots. Attorney-at-law Alton Morgan pointed out that the Shared Communities Bill, which is in its final redrafting stage would introduce a statutory framework governing developments with common facilities, whether gated or not. Morgan, managing partner of LEGIS Attorneys, outlined the proposed changes during the Jamaica Developers Association (JDA) webinar on Thursday, warning that developers would have to take a more comprehensive approach to planning projects, including making arrangements for the long-term maintenance of common areas.

“It’s going to be a much more thorough and comprehensive development planning process than what now exists,” Morgan told participants. Under the proposed framework, developers undertaking subdivisions with shared spaces would be required to register their projects with the Real Estate Board and the Registrar of Titles. Registration would be mandatory for qualifying new developments, with the process to be completed before individual subdivision titles are issued. The requirements would extend beyond traditional gated communities to open residential subdivisions and commercial developments where tenants or property owners share facilities such as access roads, parking areas, recreational spaces and other infrastructure. “It’s irrelevant whether the development is residential or commercial. The question is: Do you have shared community space? And if so, then registration is required,” Morgan explained. He noted that even developers…