Comment sought on proposed new strata law
(CNS): The Law Reform Commission is circulating a discussion document and a draft bill on behalf of government to amend the strata titles registration law. The proposed legislation and consultation paper provides a full review of the existing law and suggests a number of significant changes. Based on the feedback from consultation with the public and special interest groups in 2011, the draft bill includes provisions relating to the management and administration of schemes, their termination and, among other things, resolution of disputes. It also addresses leasehold strata schemes, such as the Residencesat the Ritz Carlton and Villas of the Galleon. Currently, unlike other jurisdictions, there is no specific regulation of leasehold strata schemes in Cayman.
The commission received responses from a wide variety people, including the legal associations, the Bankers' Association, CIREBA, individual real estate agencies, strata owners, executive committees, the Water Authority and the Cayman Contractors Association.
Matters dealt with in the Strata Titles Bill 2013 include the creation of strata lots and common property, management and administration of stratus schemes, phased development of strata schemes, the regulation of leasehold and vacant land strata schemes, protection of purchases, termination of schemes and resolution of disputes.
The schedules to the bill provide model management statements to be used in mixed strata schemes and revised model bylaws for residential schemes.
The commission is inviting comments on the bill in writing by 11 March to the director of the Law Reform Commission 1st floor DMS House, Genesis Close or via email to Cheryl.Neblett@gov.ky
See discussion paper and draft bill below.
Category: Uncategorised
I would personnaly like to see any developper not be in control of a strata. Many abuse it and are in direct for job not properly done even if not instaled properly and rust away and break down. Let’s also mention the ones that leave a mess behind creating rodents, scorpions etc. Not to forget the piles of wood , metals and a container ready to fly. 2 Blessed years of hurricane for us and God help us should it occur. Can someone in a position to help tell us. You have my permission to ask for my e-mail from CNS. I would really appreciate this as the only other option I see is involving the Media. God Bless,Michel Lemay
Something have to be done to mandate the Strata Plans and where individuals have to pay such high strata fees. You dont see where your monthly fees are being spent on and the members who holds the bank accounts and run the strata dont even live in the apt complex to see the issues in order to address them. Match the payments with the fees received, audit the Strata Plan and show us the balance in the bank account.
I myself was advised and avoided any property that involved strata, after Ivan and the subsequesnt insurances and strata laws chaos and board member ignorance reports I have heard by the dozen it was advice well taken.
15.26. I would put it a lttle differently, and advise anyone buying into a strata to inspect the records carefully, particularly with regard to strata fee arrears, financial record keeping, insurance, and other contracts in place. Some stratas are very well run, and ownership can be advantageous.
Disgruntled owners should read their strata regulations carefully, then consult a lwayer, call for an emergency meeting, and with a bit of homework, take control. Any irregularities, such as collecting money and not depositing it, taking payments without a proper board resolution to this effect or being unable to produce proper accounts, would surely then become a police matter. Take control! Appoint a management company, perhaps, but don't expect it to be easy. There are so many disfunctional stratas, because everyone wants someone else to do the boring, hard work, it's human nature, so they are easy to take advantage of.
Assumes there are records!
Honestly, do you think the police are equipped to interpret Strata by-laws? They are not a consumer advocacy group and will tell you as much.
We ran into some conflict after Hurricane Ivan calamity as to what exactly constitutes "common property" of the Strata. The outside walls were deemed to be common property, whereas the windows and sliding doors were not covered. This seemed at odds with the spirit of the law at the time. Most modern Strata laws now include all partitions separating internal and exterior living space under the category of "common walls", in Cayman it would seem this is not yet the case.
It is not only at odds with the spirit of the law but the law itself. I continue to be amazed at the nonsense spouted by so called experts and the total failure of our justice system to effectively ensure compliance with laws. Thousands suffer.
This is long overdue and I hope the public takes the opportunity to look at this legislation and offer input. I think Executive Committees for many developments have gotten way out of control. Some waive their own strata fees as compensation for being on the Committee, then assess penalties and charges on other owners based on their whims and fancies, they take out insurance at the other owner's expense to indemnify themselves against lawsuits for wrong doings and often refuse to respond to legitimate issues faced by owners.
If people are going to be compensated by a Strata, there needs to be greater accountability and their powers need to be better regulated in order to protect owners.
Strata Executive membership should be voluntary without any remuneration – check your by-laws for your strata corp.
Also, anyone being compensated better ensure they have the appropriate immigration permissions.
Why bother, the Government won’t enforce that anyway!
Welcome to the fascist world of Cayman.
Why bother inviting the hassle of immigration into your life. You can just ignore things like that. Next you will be saying that preference on strata committees should be given to suitably qualified Caymanians.