Articles

Strata Commission Driving Compliance via Workshops

In its on-going effort to increase compliance of annual returns filings, and assist proprietors in maintaining proper accounting records, the Commission of Strata Corporations embarked on a series of Annual Returns and Bookkeeping Workshops,  These mostly targeted persons who had made filings in the past, but their submissions were found to be deficient in some way.

 The first in the series of small, hands-on sessions, was held at the Courtleigh Hotel and Suites on Friday June 30.  Subsequent sessions were held in Trelawny on September 29, in Kingston on and Friday November 24 and 30  to cater to persons in that section of the island,   All were attended by a group of eleven to fifteen invited strata proprietors and/or property managers. 

In bringing greetings and thanking everyone for their attendance at the first session, the Commission’s Chief Executive Officer, Mr. Phillip Chambers, noted that the key to each person being able to enjoy the peace and prosperity of his or her unit or property, was each person understanding and enforcing the rules in their strata corporation without fear or favour.  “It is absolutely important that particularly the chairmen of these committees, that you empower yourselves with the knowledge, too often we have seen where persons have been placed in positions of authority that they truly don’t understand what is involved.” He also pointed out that the purchase of a property is the single largest purchase that most Jamaicans will make and the ability to enjoy that investment has wider implications for the interaction of Jamaicans.  He expressed similar sentiments as subsequent sessions. 

“We wanted to be very deliberate and targeted in our approach and intervention,” explained Director of the Registration Strata Titles Act, Ms. Tricia Harris. “So instead of a large, open forum, we decided on a smaller group of invited persons.  Since these persons would have either submitted Annual Returns recently or in the past, they are quite au fait with the process and such it can be pitched at a higher level, compared to persons who have never filed returns or had very little to no knowledge of what it includes,” Ms. Harris elaborated.

The feedback from the initial 3-hour session was overwhelmingly positive. Shanice Gordon, a property manager, said that the workshop was beneficial to her in “so many ways”. Explaining further, Ms Gordon said “firstly, I learnt how to properly file my returns, that maintenance fees are not to be charged retroactively, returns are to be filed 120 days after the financial year, documents must be signed by strata chairman or executive member…also there must be a proper location on the notice as to where and when a meeting will be held,” Ms. Gordon cited as key information she learned during the session.

Another attendee, Violet Wade, was also effusive in her praise for the Commission and the value of the Workshop.  “The Workshop was professionally managed and provided clarification on a number of issues that were well-received.”  Among the issues she pointed out for special mention were: The Financial Year-end of the strata vis-a-vis the required submission date of the annual returns; the requirement that the Minutes for the AGM and any EGM held during the year must be submitted for the year of the Returns; and the implication of having members who are not up-to-date with their maintenance payment vote as it means that those decisions made with their votes cannot stand should they be challenged.

“The exercises (case study) were well thought-out to give a working appreciation of what we learned,” She concluded in her assessment” she stated.

Attendees at the ensuing three workshops expressed gratitude to the Commission of their invitation and said they would have benefitted tremendously from their participation.

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), and audited financial statements, or statement done in accordance with generally accepted accounting principles.  The requirement for financial statement, would have in part, driven the need for basic bookkeeping/accounting workshops to support the account processes of strata corporations.

The Commission is seeking to have this be an on-going Workshops, with at least one per quarter.  All attendees were provided with a workbook and certificate of participation.

All CPD Courses Now Self-Paced

All CPD courses offered by the Real Estate Training Institute are now fully on-line and self-paced.

CPD courses, usually a few hours in length, are courses professionals are required to take on an on-going basis, to not only retain their licence, but to remain current with the latest developments in their industry.  Having long been a part of other sectors and professions such as law and medicine, CPDs became a requirement for real estate professionals in 2020. 

Currently, there are at least five mandatory CPD courses required of real estate dealers and salesmen.  The mandatory courses are: Common Issues in the Real Estate Industry, The Real Estate (Dealers and Developers) Act, The Terrorism Prevention Act, Go-AML (for Dealers and Salesmen) and Anti-Money Laundering II.  However, there is a two-year window after initial registration, within which practitioners must complete these courses to remain registered.  Additional optional courses have been offered intermittently including those in real estate sales, strata/community management and social media marketing.  

“We are quite excited to be at this point as it is something we have been exploring for a few months now. The fact that we intend to offer our clients this learning modality in a manner that does not tie them to a particular date or time to sit these courses, is a game-changer for us.  We have also explored the issues of monitoring, that is ensuring that persons have in fact viewed the content, and not just leave it running in the background, but are able to recall content.”  This is according to the Senior Director/Principal of the Real Estate Training Institute, Dr. Tina Beale.  “We have settled on a way of ensuring that persons have actually watched these videos and in some cases, even included an assessment tool to not only gauge participation, but also retention.”

Dr. Beale also explained that this is a part of the growth and development of content delivery as provided by the Institute, leading to improved user experience for its clients. “In improving our service delivery, particularly in the post-Pandemic environment, we are leveraging technology and what it can do. The CPDs will also be administered through the MyRETI Online Learning Management Platform.”  As its name suggests, MyRETI Online is a bespoke platform that is accessible to RETI lecturers and course participants. It incorporates their timetables, links to lectures, consultation meetings, lecture recordings, study materials, assignments, announcements and meeting reminders.  “The feedback to the platform thus far has generally been positive, and we think that our practitioners will also benefit from its use when completing the CPDs,” she asserted.

Real Estate Board Policy Changes Now Effective

The Real Estate Board, the Government regulator of the private real estate sector, has enacted a number of  policy changes intended to better serve the interest of the public and the industry  These changes affect how dormancy is treated, the issue of attachment and supervision, and finally how Dealers with overseas qualifications can become qualified to practise locally.

The changes were ratified at the June 22 meeting of its Board of Directors.  These policy changes were subject to substantive deliberations of the Board, guided by legal advice and review of the legislative framework provided by the Real Estate (Dealers and Developers) Act, consultation with key stakeholders, and its own observation and assessment of the industry. 

Commenting on the policy changes, Board CEO, Phillip Chambers said, “The Real Estate Board takes very seriously any change that affects how our practitioners operate, how we regulate them, and also how those changes are likely to affect the public at large.”  Mr. Chambers went to explain that some of these changes have been in gestation for some time now, and that the discussions were guided by the Board’s learned in-house counsel.  “Of course, we are constantly surveying the landscape to see how we can better do what we do to improve the service provided by Salesmen and Dealers, which will ultimately redound to the benefit of the public.”

With regards to dormancy, the previous policy requiring a dealer who acts as Qualifying Director of a dealer company, to place his or her individual license on dormancy is revoked. The individual dealer is now at liberty to decide whether or not he or she will apply for a license to practice in his or her individual capacity for a particular year, or whether he or she wishes to apply for dormancy.  Dormancy is a provision which allows persons who do not intend to practice within a given year, to indicate this to the Board and pay the requisite fee, in lieu of the standard licence fee to practice.

On the issue of attachment, a supervising dealer can have a maximum of four persons attached, to him or her, up from two previously.  However, the Supervising Dealer must:

· Complete the Real Estate Supervisory Dealers Continuing Professional Development Course.

· hold a current Dealer’s licence.

· have been a practicing dealer for at least three years

· be fully compliant with filings under Proceeds of Crime Act and Terrorism Prevention Act.

· not have any complaint, except for one which is deemed frivolous or vexatious, lodged with the Real Estate Board against him/her/it.

have a registered office and displays required by paragraph 3 (a) and (b) of the Real Estate (Dealers and Developers) (Code of Ethics) Regulations.

· not have been found to be in breach of the Real Estate (Dealers and Developers) Act by the Court or the Real Estate (Dealers and Developers) (Code of Ethics) Regulations, by the Real Estate Board.

Further to point number one, a Real Estate Dealers Course will be offered over two days, with the first day designated for all dealers and the second for all supervising dealers.  The Real Estate (Dealers and Developers) Act dictates that a person who has completed the pre-licensing Dealers Course, must complete a period of attachment, or training as means of observing first-hand, the operations of a dealer, to be eligible to apply for registration by the Board as a Dealer.

Finally, applicants from overseas who hold similar qualification in other jurisdictions, must complete the Dealers’ Training Course at the Real Estate Training Institute (RETI), together with a period of attachment of at least one-year in the office of a real estate dealer approved by the Board.

The CEO in his assessment stated that the Directors and management are confident that these changes will improve the overall professionalism and competence of practitioners and be of significant benefit to the public. The Board has written to various professional stakeholder groups and Associations, as well as disseminated a mass email to all Dealers and S5alesmen, to inform them of these changes.  It will also be publicized in the print, social and electronic media.

Practitioners may contact the Board directly, for further information or to seek clarity on any of these changes.     

Unregistered Developer Convicted for prepayment contracts

Another real estate developer was brought to book when Harry Douglas was convicted on May 14 in the St. Ann Parish Court. Mr. Douglas was found guilty of accepting monies for land ahead of completion (known as prepayment contracts), for an unregistered development scheme, in violation of the Real Estate (Dealers and Developers) Act).  He was also found guilty of failure to register with the Board as a real estate developer.

“While we see this as positive outcome, we acknowledge the impact such acts invariably have on purchasers.  This can lead to, among other things, an inability to receive a title or receiving something other than what was agreed.  This case, once again, should underscore the need for vigilance in Real Estate transactions.  We also hope that it will discourage other developers from doing the same,” explained Real Estate Board’s, Chief Executive Officer, Sandra Garrick. 

The Court heard evidence that in July 2012 the Board received a letter from an attorney one behalf of its client, querying if lands in Wakefield, St. Ann registered to Mr. Douglas, was registered with the Board as a development scheme.  Checks by the Board indicated that the development was not in fact registered as such, neither was Mr. Douglas a registered real estate developer. 

An inspector with the Board subsequently visited Mr. Douglas in September that same year, and advised him in person and in writing, of the legal requirement to register as a Real Estate Developer.  He was further informed that he was in breach of the Real Estate Dealers and Developers Act, by commencing the development scheme without the Board’s approval, advertising lots for sale and accepting prepayment for the lots in a development called Sea Cool Heights.  He was given a deadline within which to take the necessary corrective action to regularise his practice and development, but failed to do so.

The Court also heard evidence from a retired returning resident who said he made payment of US$25,600, prior to handover of the land.  Upon taking possession, he was made aware that the parcel of lot which he was initially shown and agreed to purchase, was different, and not equal in size to the lot that he finally received.  The returning resident has since constructed his house, but is unable to get a title for the land.    

Under Section Sections 26 of the Real Estate (Dealers and Developers) Act, a Real Estate Developer is prohibited from entering into prepayment contracts, where he or she is not a registered developer.  Additionally, where the developer is registered, there are mechanisms for the reporting, monitoring and control of such sums to ensure probity.

This conviction follows on the heels of a similar conviction of another Real Estate Developer in January of this year.

Article Categories

Article Archives

Slide
3 WAYS TO PAY
Client Portal
REB clients only
Bill Payment

NCB or Scotiabank

In-office

Debit/Credit Card
or Manager's Cheque