Jamaica’s Parliament has ushered in a new regulatory era for gated communities with the introduction of the transformative Shared Communities Act 2026. Tabled in the House of Representatives, this comprehensive legislation establishes a rigorous legal framework to govern the nation’s rapidly expanding private residential developments.
The Act mandates the creation of legally recognized Community Corporations for all registered shared communities. These corporations, governed by elected executive committees of property owners, will bear significant responsibilities. Their duties encompass maintaining detailed proprietor registries, ensuring common property upkeep, implementing long-term maintenance strategies, and managing community funds for administrative and insurance purposes.
A pivotal aspect of the legislation empowers the Real Estate Board as the primary regulatory authority. The Board will process community registrations, issue operational certificates, maintain official records, and facilitate dispute resolution between proprietors and community corporations. Its extensive powers include ordering the removal of non-compliant animals from properties and invalidating improperly passed corporation resolutions.
To address chronic issues of fee delinquency, the law establishes formidable enforcement mechanisms. Community corporations can now pursue property seizure and sale against owners with outstanding maintenance fees, following strict notification procedures supervised by the Real Estate Board. Prior to sale, corporations may obtain court orders for property possession, enabling them to rent out delinquent units and apply rental income toward owed contributions.
Financial penalties reach unprecedented levels, with courts authorized to impose fines up to $1 million Jamaican dollars for by-law violations. The legislation additionally allows for interest accrual on unpaid contributions and enables parish courts to adjudicate collection cases without monetary limits.
Recognizing that many proprietors reside abroad, the law requires non-resident owners to appoint local agents to fulfill their obligations. Although introduced by Prime Minister Andrew Holness’s administration, the bill was presented by Minister Robert Montague. Opposition Parliamentarian Julian Robinson has called for further legislative scrutiny through a joint select committee, highlighting the bill’s profound implications for property rights and community governance.