The Dangers of Unregistered Strata Properties
What is a Strata Property?
A strata property is a building or collection of buildings, where individuals each own a small portion (a lot) but where there is also common property (eg. external walls, windows, roof, driveways etc) which every owner shares ownership over.
A Dangerous Encounter
Recently, a lady was leaving a swanky strata property when the electronic gates of the complex closed on her car. The damage to the car was substantial. A later inspection of the gate by an independent technician revealed that it was lacking in basic security features, such as proper sensors, safety signs and warning lights. To make matters worse, when she tried to contact the strata to have the issue addressed, she learned it was not registered nor did it have liability insurance. Just think of how much more serious it could have been if an innocent child got caught in those gates?
The end result, which may be an eye popper for strata owners, is that she located and sued the individual owners to have her car repaired.
In theory, a reasonable strata corporation would have agreed to fair compensation for the damage to the lady’s car. In reality, there are many lawless and unreasonable strata corporations, committees and strata managers in Jamaica.
Advice to Strata Owners and Renters
- Get Registered – strata owners & renters care mainly about maintenance, security and beautification of common areas. Be concerned with compliance with the relevant law – the Registration (Strata Title) (Amendment) Act came into effect on January 1, and mandates that all strata properties should register with the Strata Commission and more.
You can download it at: The Registration (Strata Titles) (Amendment) Regulations - Insurance – make sure your strata property has proper insurance coverage, especially for bodily injury and property damage which may occur in common areas.
- Safety Inspection – get an expert to conduct a property risk assessment to identify potential dangers to the public, owners and other users (particularly the children as they often unaware and vulnerable, so we owe them a special duty of care).
Future Services offers property risk assessments for residential and commercial premises. For more information on these services call us at 906-9553/ 960-9554 / 296-7681 or email stephanie.futureservices@gmail.com
Advice for Victims of Negligent Strata Properties
- Stand up for your rights! Find a good lawyer and take action.
- Help prevent other accidents by making a report to the Strata Commission.
Future Services offers legal funding for personal injury and property damage. For more information on this service call us at 906-9553 / 296-7681.
