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June 9, 2025

Strata Commission amends lead time for Random Inspections

In a strategic move to enhance regulatory oversight and compliance with the Registration (Strata Titles) Act, the Commission of Strata Corporations has extended the lead time for random inspections of strata corporations across Jamaica. The inspections are central to the Commission's ongoing efforts to identify areas for improvement and support the implementation of corrective measures among corporations.

               With the change, strata corporations will receive written notices of scheduled random inspections, at least three months in advance. This timeline is designed to provide executive committees ample time to collate and prepare the necessary documents for presentation on the inspection date.

In addition to general operational practices and conformity to the Act, the inspection process will assess several critical areas, including:

· Validity of Annual General Meetings: Inspectors will review records to ensure AGMs are conducted and documented in compliance with statutory requirements.

· Proof of Insurance: Strata corporations must provide evidence of valid insurance coverage as mandated by law, or evidence of a unanimous resolution not to insure

· Executive Committee Documentation: A list of current executive committee members must be submitted to verify leadership and governance structures.

The inspection notification will include a handbill outlining the purpose of the inspection and benefits of compliance. This educational component is designed to enhance understanding among proprietors about the importance of regulatory compliance and the role of executive committee members. A post-inspection survey form will be sent to the corporations for completion. This will allow the Commission to review and evaluate its own effectiveness in order to continuously improve its own operations.  

               The Commission has also clarified that certain aspects of the inspection will focus on physical observations for which no documents are required. These include assessments of common areas to identify any breaches, and identify any variations between the strata plan or bylaws.

               In a statement, CEO for the Commission, Mr Phillip Chambers, emphasized the importance of this initiative, stating, "These inspections are not merely about enforcement; they are designed to guide strata corporations in maintaining best practices, ultimately protecting property values and enhancing community living standards."

               The Commission of Strata Corporations encourages executive committee members to give due attention to the notice letters, and to prepare accordingly.                The Commission of Strata Corporations is the regulatory authority responsible for overseeing the operations of strata properties in Jamaica. Its mandate includes ensuring compliance with the Registration (Strata Titles) Act.  This includes: keeping a register of such corporations; facilitating the resolution of disputes, in particular, those between a corporation and a proprietor arising from any matter to which this Act relates; and enforcing bylaws.

June 9, 2025

Data Protection Regime Moves Ahead with Oversight Committee

In today’s quickly changing digital landscape, data protection has become a key priority for many organizations worldwide. Here is Jamaica, with the introduction of the Data Protection Act, 2020 (DPA), the requirements for compliance are clearly articulated. At the heart of this compliance effort is the within the Real Estate Board/Commission of Strata Corporations (REB/CSC) is the Data Protection Oversight Committee (DPOC), which is a dedicated body tasked with supporting the internal framework to safeguard sensitive information and ensure compliance with privacy regulations. We will look briefly at the roles and responsibilities of the DPOC, its current priorities, and an update on the state of our organization’s data protection framework.

Roles and Responsibilities of the DPOC

 The DPOC is expected to play a crucial role in shaping and overseeing our data protection strategy. Comprised of senior executives, legal advisor, IT expert, and the Data Protection Officer (DPO), the ensures the organization is on a path to meeting its regulatory requirements under the DPA.

Among its key responsibilities, the DPOC is tasked with reviewing data protection policies, contributing to the execution of risk assessments, and overseeing the organisation's data protection incident response approach. This includes ensuring timely reporting of breaches and recommending corrective actions to prevent future occurrences. The DPOC will also contribute to monitoring third-party compliance, ensuring external vendors adhere to the same strict data protection standards. Additionally, the committee will contribute to the development of continuous staff training, ensuring that all employees are aware of their role in protecting personal data.

Major Priorities of the DPOC

 As the data privacy landscape becomes increasingly complex, the DPOC’s priorities are focused on two key areas. First, strengthening data governance is essential for clearly defining roles and responsibilities within the organization. This involves developing or refining data classification protocols and ensuring proper access controls are in place to protect sensitive information.

Second, the DPOC is prioritizing privacy by design and default by embedding data protection principles into all new systems and processes. This means conducting Data Protection Impact Assessments (DPIAs) for any new projects involving personal data, ensuring that privacy is considered at every stage of development.

State of Our Data Protection Framework

 Our organization’s data protection framework is on the path to being in a strong position. We are registered with the Office of the Information Commissioner (OIC) and are on our way to being fully compliant with the DPA with no major incidents to report since registration. A recent internal audit identified minor gaps in our operational and data retention practices, which are being addressed with policy updates. Additionally, the DPOC will continue to oversee the implementation of key security enhancements further securing our data environment. Looking ahead, the DPOC remains committed to addressing emerging risks, strengthening our data governance, and ensuring ongoing compliance to protect the organization and its stakeholders.

June 9, 2025

CSC Workshops Continue to Pay Dividends

The Commission of Strata Corporations continues to receive high marks for its quarterly Annual Returns and basic bookkeeping workshops.  These are a series of small, targeted sessions put on by the Commission to expose attendees to these specific areas of strata management and administration. 

According to Cherry-Ann Smart, who participated in the Annual Returns Workshop, “The Workshop was a timely intervention for our strata operations. Presenters Mercede Scott, Shelliann Sullivan [CSC Inspectors], and [legal officer] Jared Johnson impressed us with their knowledge and professionalism as they led us through the workshop documents,” stated in her assessment of the November 29 session held at the Commission’s Trafalgar Road office.

 “I am now empowered to better represent my strata community, to ensure fairly apportioned maintenance payments, adhere to the legal requirements for meetings, and submit timely and accurate annual returns. More importantly, I have since acquired a more positive attitude about the role and functions of the Commission of Strata Corporations and the services it offers,” Ms Smart added.

Other attendees offered similarly effusive praise, saying there were now more significantly versed on a range of related issues such as notice for general meetings, passing of resolutions, invoicing, budgeting, apportioning contributions by unit of entitlement, among other things.    

The Basic Bookkeeping workshop was held a week earlier on November 22, at the same location.  This was facilitated by Audit Inspector, Sherri-Gay Douglas Grandison.  Each session targets a maximum of 15 persons, by invitation only - including strata proprietors, executive committee members and property managers.  The quarterly meetings are deliberately kept small so that participants are afforded personal, near one-on-one attention. 

Marketing Manager of the Commission, Damian Wilson, noted that the small, in-person sessions are important to achieving the desired result. “Sometimes when a session is large, persons get lost in the mix of not having their voice or questions heard.  This is even more so the case with online platforms where persons are often distracted or disengaged from what is taking place.  This sort of session ensures that we have the undivided attention of attendees, and we can better gage if they learned or retained something from the Workshop.”  Mr. Wilson also noted that these sessions help to give the Commission an indication of the areas where there is a gap in knowledge and how this contributes to the lack of compliance. 

Strata Corporations are required under the Registration (Strata Titles) Act, to submit Annual Returns to the Corporation within 120 days after the end of a financial year.  This includes Minutes of Annual General Meetings and Extraordinary General Meetings held during the filing period, names and addresses of the current Executive Committee members elected during the filing period, Certificate of Insurance (or copy of unanimous resolution not to insure the property). Each attendee was given a workbook containing several exercises to be completed during the three-hour plus timeframe.  They were also given a Certificate of Participation at the end of the session.  The Commission will have ongoing Workshops on a quarterly basis, usually the last week of each quarter.

June 9, 2025

Prepare for upcoming Licensing Period 

With the end of the current licensing period three months away, The Real Estate Board is sending an early reminder of the requirement to complete Continuing Professional Development (CPD) Courses and that the Client Portal can be used to pay and register, as well as make regular licence fee payment for dealers and salesmen.  The Client Portal can be accessed directly from the Board’s website at www.reb.gov.jm.  

Using either the desktop or mobile version of the site, users need only identify the “Go to the Portal” Tab on the home page.  This tab is a part of the ‘Three Ways to Pay’ graphic on the page. The other two ways to pay are via the Scotia or NCB Bill payment platforms, and in office.  

The Portal accepts all major debit or credit cards. Real estate salesmen or dealers are required to pay annual licensing fees, either in full by April 1 or in half-year instalments by September 1.  

Users can register and pay for CPD Courses in a single process, which provides e-mail confirmation at the end of the process.  The other payment options mentioned above may also be used by uploading the proof of payment to the Client Portal as a part of the registration process.  

“Failure to complete the mandatory CPDs within the given 2-year window post registration, is one of the main inhibitors to persons being able to be re-licensed at the end of the one-year or half year period,” explained CEO, Mr. Phillip Chambers.  He also reminded persons that they can check their CPD status on the website, and where they have courses outstanding, they should use the next few months to do so in order to avoid any anxiety come April. 

There are six mandatory CPDs that all dealers or salesmen must do in order to be re-licensed.  These are: Go-AML, Terrorism Prevention Act, Anti-Money Laundering II, Common Issues in the Real Estate Industry and the Real Estate Dealers and Developers Act. 

He also explained that using the Client Portal is the quickest and most convenient payment method, eliminating the need to visit the Board’s offices. “Online payment via our Client Portal is really the way to go, and is an easier process for all parties.  There is also no need to provide proof of payment when using the Client Portal,” Mr. Chambers explained.  

To use the Client Portal, users must "Create an Account" from the landing page. He concluded by asking that should anyone encounter any difficulties or have a question, they may contact the Board by phone or email.

January 23, 2024

Hard deadline for licence renewal

The Board is reminding dealers and salesmen, who practice after the March 31 expiration of their current licence, that they are in fact practicing in contravention of the law.

Some practitioners might be minded to take the entire months of April (in this case), and September as the payment period, while still practicing during those months and making payment at some point therein. Dealers and salesmen are also allowed by law to pay the annual licence fee in two instalments, with a deadline of March 31 and August 31. The April 1 instalment covers the period April 1 to August 31, with the second instalment due September 1, covering the period September 1- March 31.

The fact is the full licencing period runs for one year (365 days) and expires on March 31. As per Section 10 (1) of the Real Estate (Dealers and Developers) Act, anyone who conducts business without a valid licence does so illegally.

It is also worth noting for the protection of practitioners, that as per Section 47 of the Real Estate (Dealers and Developers) Act, anyone who engages in the practice of real estate as a dealer and salesman without being the holder of a valid licence, is not entitled to bring any suit or action for the recovery of any fees or compensation for anything done on behalf of another person.    

Recent indications coming to the Board, point to the fact that some practitioners are still not aware of the fact regarding the licensing period.  The April 1-30 window, represents the period in which practitioners may pay their renewal fee, before a 50% late-penalty fee becomes applicable.

The ability to pay via the Board’s Client Portal has made payment of the renewal fee a seamless process.  The Portal is an online payment platform that real estate dealers and salesmen can use to pay their licence or penalty fees using any (debit or credit) Visa or MasterCard.  Since the platform has built-in verification and confirmation processes, it is the payment option of choice for real estate dealers, salesmen and strata corporations.  

Payment may be made in-office using any credit or debit card, as well as the bill payment platforms available by NCB and Scotiabank.  Full details on payment options may be found here.  

January 23, 2024

Strata Appeals Tribunal

The Strata Appeals Tribunal was established in 2010 to hear appeals from any person aggrieved by a decision of either: 

  • the Commission, or
  • a Strata Corporation  

The Tribunal was also created to adjudicate matters affecting the administration and management of strata properties referred to it by: 

  • A Strata Corporation 
  • A Proprietor, or 
  • The Commission  

Examples of the types of appeals that have come before the Tribunal include: 

  • Appeals of Certificates of Powers of Sale 
  • Enforcement of Bylaws 
  • Appeals against decisions of the executive committees on the use of the common property
  • Appeals against resolutions passed by Strata Corporations
  • Appeals against decisions of the Commission arising from hearings of complaints
  • Recovery of monies spent by proprietors for roof repairs

Composition 
The current members of the Tribunal are: 

  • Hon. Mr. Justice Ferdinand Smith, CD (Ret’d) - Chairman 
  • Ms. Gail English – Member 
  • Mrs. Sonia McFarlane – Member 
  • Mr. Patrick Fletcher - Member 

January 17, 2024

History of the Real Estate Board

The Real Estate (Dealers & Developers) Act and the establishment of the Real Estate Board was ultimately the response to an untenable situation which was particularly prevalent in the sixties and seventies, and continued thereafter.

A commission chaired by Sir Herbert Duffus, commenced in 1973 to examine the real estate industry.  In his 1976 interim report, the chairman wrote that “hundreds of purchasers of land and houses in these private schemes had paid deposits with little or no prospect of obtaining land or homes or the return of their money.”  It when on to say “all are agreed that legislation for the strict control of developers is long overdue.  The evidence given at the enquiry has indicated very clearly that there ought to be laws controlling developers, as well as salesmen.”

The report pointed to the inexperience of many land developers, coupled with blatant dishonesty in some cases, leading to failed developments.

Prior to this commission, draft legislation was first prepared from as far back as 1969 and progressed to the point where a third printing of The Real Estate (Licencing of Brokers and Salesmen) Act, in 1972.

A second attempt to get legislation on the statute books was made in 1973 when a new Bill, The Real Estate (Regulation of Sales) Act was drafted, but once again the Bill was never taken to Parliament. 

The Ministry of Finance and Planning in 1975 concluded that, based on statements of complaints made up to that time, some JMD$ 6.33 million were paid over by 2,400 persons to 63 developers as down payments on various forms of real estate, which were never realised.

In 1980, based on the issues spelt out in the Duffus Report and its recommendations, a team of legal consultants worked on a draft bill for a Real Estate and Land Development Act. From the report, it was felt that, as matter of urgency the following had to be addressed:

  • unscrupulous salesmen and real estate who sold inaccessible hillside land to Jamaicans overseas, collected deposits and were not in a position to fulfill contracts of sale since the sub-division could not be approved.
  • developers who were unable to fulfill obligations or to refund deposits from purchasers.

It was further concluded that legislation needed to deal with:

  • deposits collected which could not be recovered when schemes proved impossible to complete
  • lack of sufficient resources when the completed scheme did not provide all the features expected, (sewerage, drainage, etc.)
  • sale of land which was not yet in possession of the developer who later absconded with the deposit
  • sale of development schemes prior to securing approved plans

These problems were addressed in the submission to the Interim Real Estate Board appointed in 1982, chaired by Hon. Ewart Forrest, PC. 

Cabinet gave approval for the formal drafting of legislation to make provision for the licensing, regulation and control of persons engaged as dealers or salesmen in real estate; the regulation of dealings in land in development schemes; and for related matters.

The Real Estate (Dealers & Developers) Act, Act 18 of 1987, was signed by the Governor General on July 24, 1987.

 The Real Estate Board, comprising eleven persons, was first appointed on October 1, 1987 under the chairmanship of Honourable Ewart Forrest PC.  The Act came into operation on September 1, 1988.

January 11, 2024

Applying for a Status Certificate

The Commission ensures that relevant data on strata corporations is available to prospective purchasers to support them in making informed purchasing decisions.

If a prospective purchaser is comfortable with the responsibilities of strata living and has narrowed their search to a particular corporation; part of their due diligence exercise prior to the actual purchase should include obtaining a status certificate on that corporation.

The certificate does not guide whether or not to buy into a strata corporation, it simply provides additional information (similar to property tax search, query on outstanding water bills) which will help in your decision-making process.

The provision of status certificates is one of the most useful tools for prospective strata owners. 

It provides historical data about a specific strata and highlights the compliance track record of the Corporation, and captures:

  • the period of last annual returns filed,
  • date of last audit,
  • number of complaints filed,
  • number of Power of Sale Certificates issued

This can be obtained within five (5) business days of an application and a fee of JMD $1,500.   

As per the request form, you will need to provide your: name, ID Type and number, telephone number, address and applicant details/category.

You will also be required to provide the Proprietors’ Strata Plan (PSP) number and the address.

January 11, 2024

Submitting Annual Returns

Section 4 (7) of The Registration (Strata Titles) (Amendment) Act, details what is called Annual Returns and requires strata corporations to file same, within one hundred and twenty (120) days after the end of the current year.

What constitutes Annual Returns

Annual Returns include the following financial information:

  • Audited Financial Statements or, financial statements prepared in accordance with generally accepted accounting principles
  • Form 13A – Income and Expenditure Statement;
  • Form 13B – Outstanding Contributions
  • Form 13C – Outstanding Payables

They also include a report on the Corporations activities during the year. This requires submitting Minutes of meetings (Annual General Meeting and Extraordinary General Meeting) held outlining:

a) The names of the Executive Committee members,
b) Resolutions passed to adopt budget or for non-insurance unanimous resolution is necessary to waive insurance coverage
c) Details of insurance coverage

Why are Annual Returns Important?

Annual Returns are the primary way the Authority keeps a check on the operation and management of a Corporation. In a very direct and transparent way, it is an indication of the operations of a Corporation over a one year period. It therefore allows the Authority to intervene or offer assistance to the Corporation where it deems it necessary.

It also provides information to third parties that might have an interest specifically mortgagors and prospective buyers. This will tell the parties is there is any risk of danger in providing a loan to purchase or buying into a unit in the property. Persons may ascertain this information and other information in relation to the status and operation of a Corporation via a status certificate.

January 11, 2024

How to Calculate Unit of Entitlement

Unit entitlement is the measure of each proprietor’s undivided share in the common property (real estate or equipment) owned by the strata corporation. In a strata corporation (apartment/office/shop) each proprietor owns his strata lot(s) as well as an undivided portion of any part of the land that is not contained in another proprietor’s title.

No proprietor can separate or exclude other proprietors from participating in the use and enjoyment of common property by staking out of a share or piece of the parcel exclusively for themselves, because their ‘share is inseparable from the shares owned by the other proprietors.

Usually, larger units consisting of 2 or 3- bedrooms are assigned larger units of entitlement than smaller 1-bedroom or studio units, but the square footage on the unit is not the only factor that determines the entitlement assigned. Property professionals known as Commissioned Land Surveyors are responsible for the preparation of strata plans.

Strata plans are public documents and once you know your strata plan number, you may obtain a copy of any strata plan from the National Land Agency for a nominal fee. The schedule of strata lots set out at the beginning of the strata plan identifies each apartment/shop/office in the complex, their corresponding unit entitlements and title references.

HOW DOES MY UNIT ENTITLEMENT AFFECT MY MAINTENANCE FEES?

Unit entitlement is the only legal method for apportioning the maintenance fees and all other expenses (assessments) due from a proprietor in respect of the common property. Proprietors are strongly encouraged to file a complaint with the Commission where their strata corporation uses an alternative method to derive the contributions payable in respect of their unit.

Element 1: The Formula

Maintenance Fee Formula = (Individual Entitlement x Approved Budget) / Aggregate Entitlement

Element 2: The Unit Entitlement listed on your strata plan

STRATA LOT TITLE REFERENCE UNIT ENTITLEMENT
1 Vol.  8888       Fol. 501 3
2 Vol.  8888       Fol. 502 9
3 Vol.  8888       Fol. 503 3
4 Vol.  8888       Fol. 504 1
5 Vol.  8888       Fol. 505 4
AGGREGATE ENTITLEMENT 20

Element 3: The Approved Budget

This corporation adopted the following annual budget for the financial year January – December 2020 at its last general meeting December 20, 2019.

Annual Budget

Electricity                -   $30,000

Water                      -   $25,000

Cleaning Supplies   -    $15,000

Security                   -   $30,000

Total Budget               $100,000

  • How to calculate the maintenance fees to be paid by the proprietor of strata lot 2, who has 9/20th units of entitlement ?
    • The owner of strata lot 2 pays:  9/20 x $100,000   = $45,000/yr,
  • How to calculate the maintenance fees to be paid by the proprietor of strata lot 4, who has 1/20th units of entitlement?
    • The owner of strata lot 4 pays:  1/20 x $100,000   = $5,000/yr,

DOES THE PROPRIETOR OF STRATA LOT 2 HAVE MORE ‘RIGHTS’/ADVANTAGES THAN THE PROPRIETOR OF STRATA LOT 4?

  • On a vote by a show of hands at a general meeting of the corporation, each of these proprietors (once paid-up at the time of the meeting) has only one vote.
  • If there are only 5 parking spaces in the complex, each proprietor is entitled to only 1 parking space.
  • If there is a swimming pool (or any other amenity on the complex), the proprietor of strata lot 4 is entitled to use and enjoy the amenity as much as the proprietor of strata lot 2.

HOWEVER

If at a general meeting of the corporation, a proprietor calls for voting by poll requiring the votes are to be computed by unit entitlement instead of a show of hands; then the proprietor of apartment 2 will have a greater share of the votes even though the own 1 unit each. (The voting rights of apartment 2 being subject to the provisions of rounding down as set out at 33A of the statutory bylaws)

January 11, 2024

Dealer obligations to Salesmen

The Real Estate (Dealers and Developers) Act outlines the responsibilities of the Dealers to operate within their areas of practice to which they are the holder of a valid licence.  

  • Dealers must ensure that they maintain an active licence, which should be displayed in his or her office, prior to employing a real estate salesman to practice real estate business under the name which they are licensed. 
  • Dealers are to have in their possession license of all salesmen employed to them for them to be actively practicing real estate business. 
  • Dealers have a responsibility to conduct routine audit of their clients' accounts in accordance with the Real Estate (Dealers and Developers) Act and also Proceed of Crime Act. Written procedures are in place to guide how funds are treated with respect to these transactions.   
  • Dealers must provide continuous training and resources in market trends and update to industry standards in accordance with the law.  
  • Provide adequate supervision and oversight in the day-to-day operations and management as it relates to real estate business under which registration and licence have been procured and issued by the Authority. 
  • Ensure that they adhere, uphold and operate within the guidelines, orders, regulations, policies issued by the Authority or on behalf of the Authority and fulfil all statutory obligations to the Authority. 
  • Make available and provide copies of office policies, rules, guidelines, forms and procedures manual to their salesmen with periodic review. 

January 11, 2024

A Dealers Obligation to REB

If it is the intention of a registered real estate dealer to engage in the practice of real estate business, he or she should ensure that the Authority is notified of this intention and the requisite licence fee for the financial year is paid on the due date being April 1 of that financial year.

Where a person or entity is registered as a real estate dealer with the Authority and does not intend to practice real estate business in a given financial year, the registrant must complete and submit the requisite application form for dormancy and payment of the relevant dormancy fees within the time permitted for submission to the Board.

Real Estate Dealers are also required to submit annually, the names of all real estate salesmen employed to them. Where there are no salesmen employed to the real estate dealer, a statutory declaration must be provided by the real estate dealer to the Authority. All real estate dealers are prohibited from employing a person to practice real estate business without a  licence being issued for that person to practice such business by the Authority.

Where a real estate salesman is no longer employed to the real estate dealer, both parties should complete and submit the “Declaration of Release of Salesman” form. The dealer should then notify the Authority and immediately return the licence to the Authority. 

If there is any change in the contact information for a real estate dealer, the Authority should be notified of any change in relation to their address and contact information prior to the use of this new contact information.

 A real estate dealer must operate under the name in which they have been registered and licensed and operate from the address specified on their licence.

A real estate dealer must maintain an office for the purpose of carrying on the practice of real estate business.

Real Estate Dealers must have regard for all the mandatory Continuous Professional education training and development as stipulated by the Board and must participate in such courses being offered or directed by the Board

All real estate dealers upon receipt of clients money, must lodge and maintain a Clients’ Account with an authorized financial institution and must produce an audited report of the clients account when requested by an Inspector of the Authority. If no funds have been received from a client and a clients accounts is not being maintained by a real estate dealer, you are to submit a declaration which must be dated, signed by the real estate dealer and duly witnessed by a Justice of the Peace.

A Real estate dealer must assist in maintaining the integrity of the practice of real estate business and uphold all laws and regulations which relates to the practice of real estate business or real estate development.

Undertake only such duties and responsibilities for which they are properly registered and licensed under the Real Estate (Dealers & Developers) Act.

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