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Will Jamaica’s Proposed Communities Act Become Law to Help Returning Residents?

by Michael Mason
(London, England, UK)

gated_residential_house_in_jamaica_by_newlocay


Question from Michael Mason, London, England, UK:


"Do you believe that the mentioned Communities Act by Prime Minister Andrew Holness will become law/legislation to further encourage Jamaicans overseas and retiring to return to Jamaica for later life?


The majority of homeowners in gated communities do not understand what the maintenance payment is really for or believe it is not necessary since they have paid for their house. The problem is that they signed for it as part of the Owners Agreement. Non-payment is putting off new owners, especially from abroad."


Answer by Wellesley:


Hi Michael, thanks for bringing this timely and important issue forward. The matter of the Communities Act, as proposed by Prime Minister Andrew Holness, is gaining a lot of attention—especially among Jamaicans overseas and those looking to return and settle in gated communities for retirement or semi-retirement life.


Based on recent statements, the Communities Act is being proposed as a way to bring greater order, accountability, and legal structure to shared residential communities, especially strata and gated developments. While it hasn't yet been passed into law, there are strong indications that the government is serious about advancing it through Parliament. The goal is to protect both developers and homeowners, and to ensure smooth, transparent governance of residential communities—including maintenance payments, bylaws, and dispute resolution.


If passed, this legislation could be a game-changer for returning residents and overseas investors who are often deterred by poor management, lack of enforcement, or confusion about the role of homeowners’ associations. Many homeowners—particularly those unfamiliar with strata-style living—don’t fully understand that maintenance fees are not optional, even after they’ve paid off their home. These fees are meant to cover shared services such as security, landscaping, garbage disposal, common lighting, and repairs to shared infrastructure.


Unfortunately, as you've pointed out, non-payment of fees has become a major issue, especially in gated communities. It leads to the deterioration of services and discourages new buyers—especially overseas Jamaicans who expect a certain standard of living and are used to structured community rules. This is exactly what the Communities Act hopes to fix by making obligations legally binding and providing mechanisms for enforcement.


So, will it become law? Based on how frequently the Prime Minister has spoken about it, and the very real economic need to make Jamaica more attractive to returning residents and foreign buyers, there’s a strong chance it will—though we know that legislation can sometimes take a while in Jamaica.


In the meantime, I recommend that potential buyers and returning residents review and understand the Owners’ Agreement or community bylaws before purchasing, budget for maintenance fees as part of the long-term cost of living, and work with reputable developers or established gated communities with active management.



📚 Recommended reading: Is Jamaica Safe To Travel? What Precautions Should I Take?




Question from Michael Mason, London, England, UK:


"Do you believe that the mentioned Communities Act by Prime Minister Andrew Holness will become law/legislation to further encourage Jamaicans overseas and retiring to return to Jamaica for later life?


The majority of homeowners in gated communities do not understand what the maintenance payment is really for or believe it is not necessary since they have paid for their house. The problem is that they signed for it as part of the Owners Agreement. Non-payment is putting off new owners, especially from abroad."


Answer by Wellesley:


Hi Michael, thanks for bringing this timely and important issue forward. The matter of the Communities Act, as proposed by Prime Minister Andrew Holness, is gaining a lot of attention—especially among Jamaicans overseas and those looking to return and settle in gated communities for retirement or semi-retirement life.


Based on recent statements, the Communities Act is being proposed as a way to bring greater order, accountability, and legal structure to shared residential communities, especially strata and gated developments. While it hasn't yet been passed into law, there are strong indications that the government is serious about advancing it through Parliament. The goal is to protect both developers and homeowners, and to ensure smooth, transparent governance of residential communities—including maintenance payments, bylaws, and dispute resolution.


If passed, this legislation could be a game-changer for returning residents and overseas investors who are often deterred by poor management, lack of enforcement, or confusion about the role of homeowners’ associations. Many homeowners—particularly those unfamiliar with strata-style living—don’t fully understand that maintenance fees are not optional, even after they’ve paid off their home. These fees are meant to cover shared services such as security, landscaping, garbage disposal, common lighting, and repairs to shared infrastructure.


Unfortunately, as you've pointed out, non-payment of fees has become a major issue, especially in gated communities. It leads to the deterioration of services and discourages new buyers—especially overseas Jamaicans who expect a certain standard of living and are used to structured community rules. This is exactly what the Communities Act hopes to fix by making obligations legally binding and providing mechanisms for enforcement.


So, will it become law? Based on how frequently the Prime Minister has spoken about it, and the very real economic need to make Jamaica more attractive to returning residents and foreign buyers, there’s a strong chance it will—though we know that legislation can sometimes take a while in Jamaica.


In the meantime, I recommend that potential buyers and returning residents review and understand the Owners’ Agreement or community bylaws before purchasing, budget for maintenance fees as part of the long-term cost of living, and work with reputable developers or established gated communities with active management.



📚 Recommended reading: Is Jamaica Safe To Travel? What Precautions Should I Take?



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