Law coming to regulate gated communities

The Government is moving to introduce far-reaching legislation aimed at establishing a regulatory framework for shared residential and commercial property that are not governed under the Registration (Strata Titles) Act because they do not meet the criteria for strata lots under that statute.

A decision was taken to enact discrete legislation to govern those developments that do not fall under the Registration (Strata Titles) Act, and as such, a bill titled the Registration (Shared Community) Act 2026 was tabled in Parliament on Tuesday. The bill carries the signature of the prime minister, who is the portfolio minister of housing.

Under the proposed law, the Real Estate Board has responsibility for regulating community corporations. The board shall receive and process the initial applications for registration of a shared community and its community corporation, issue certificates of registration, and renew the certificates of registration of shared communities and the community corporation.

The legislation, among other things, will provide for the mandatory registration of shared communities, outline the obligations of the parties, and establish a legal framework for the ownership of common or shared areas.

Registration includes submitting by-laws, maintenance plans, and evidence of consultation with local authorities.

Shared community plan

An important requirement under the proposed law is for a developer to lodge a shared community plan for registration before the land is brought under the operation of the Registration of Titles Act. As part of this process, each lot and its utility interest in the common property must be notified or shown on the registered shared community plan.

Section 8 (1) of the bill says a developer who intends to sell a lot in a shared community plan shall apply to the Real Estate Board for a certificate of registration.

Developers who fail to apply for registration within the specified timeframe are liable to a fine of up to $500,000 or imprisonment for up to six months upon summary conviction in a parish court. ​

Proprietors of lots automatically form a community corporation upon registration and the corporation manages common property, maintains infrastructure, levies contributions, and enforces by-laws. ​

As part of the bill, community corporations can sell a proprietor’s lot to recover unpaid contributions following specific procedures and approval from the Real Estate Board.

The community corporations will also be empowered to create and amend by-laws for regulating the use, management, and enjoyment of common property.

Following the tabling of the bill, Member of Parliament for St Andrew South East Julian Robinson noted that he represents a constituency with, perhaps, the largest number of gated communities across the country.

A cursory glance at the bill, said Robinson, indicates that it has “very far-reaching implications for how those gated communities operate, legally and otherwise”.

Robinson said it was in the best interest of the Parliament and the country that the new bill be referred to a joint select committee to allow stakeholders to review it and provide comments before the proposed law is debated and passed.

edmond.campbell@gleanerjm.com