Howard Johnson Jr | Fostering harmony in residential communities

In a significant legal victory for homeowners and communities in Jamaica, the Supreme Court recently delivered a decisive judgment regarding the operation of short-term rentals. This ruling, which resolves a protracted dispute in Hope Pastures, St Andrew, since July 2021, sets an important precedent for the responsible use of properties in gated communities.

As someone deeply immersed in Jamaica’s real estate sector for over two decades, I recognise the critical importance of upholding the sanctity and tranquillity of residential neighbourhoods.

The court’s decision, based on the breach of restrictive covenants, underlines the significance of adhering to community guidelines and respecting the intended use of properties. It firmly establishes that short-term rentals, when not aligned with the residential purpose, can indeed be a source of disturbance to fellow homeowners.

The judgment, while specifically addressing the situation in Hope Pastures, holds broader implications for similar operations in residential settings across Jamaica. This landmark decision reinforces the principle that properties in residential communities should primarily serve as private residences, providing a stable environment for residents to establish a sense of permanence.

Since February 2021, the Commission of Strata Corporations, through its tribunal, secured similar judgments in two separate strata cases, Proprietors Strata Plan No. 2652 vs. George Mason and Proprietors Strata Plan No. 2652 vs Stephen Spence. These rulings were grounded in the enforcement of Restrictive Covenants, not only by-laws, which prohibited this form of home occupancy.

The grievance presented by the Hope Pastures complainant, involving disruptions caused by short-term renters, underscores the very essence of the matter. A home should be a sanctuary, not a source of stress and uncertainty. Improper garbage disposal and obstructed access to residents’ homes only compound the issue, emphasising the urgency for such disputes to be resolved.

Further, the court’s emphasis on the enforcement of restrictive covenants highlights the collective responsibility of homeowners to preserve the character and integrity of their communities. These covenants serve as safeguards, ensuring that properties are utilised in a manner consistent with the shared vision of the community.

Attorney John Givans, representing the citizens seeking the injunction, astutely points out the potential long-term implications of this judgment. It serves as a reminder that businesses, particularly short-term rentals, should not seek to take precedence over the fundamental purpose of a residence: to provide a stable, longterm abode.

As a longtime supporter of the concept of short-term rentals, especially among my clients seeking investment properties, there is a crucial caveat: they must operate within a framework of governance. When faced with restrictions, it is imperative not to circumvent the law at the expense of others. Conversely, if permitted, it is essential to do so equitably, with strict adherence to rules and regulations by all occupants involved.

This court decision is a watershed moment for the real estate industry in Jamaica. It reaffirms the importance of thoughtful and responsible property management. With all the factors considered, this judgment is welcomed, as it aligns with my unwavering commitment to the continued development and prosperity of Jamaica’s real estate sector.

PROPERTY MANAGEMENT

In order to ensure that short-term rentals, when allowed, don’t create major disturbances for homeowners, property management and strata bodies should consider implementing proactive measures. This could involve requiring thorough background checks on potential renters, setting clear expectations for behaviour and noise levels, and establishing a system for reporting and addressing any disruptions promptly. Regular communication and collaboration with homeowners can help foster a sense of community and mutual respect. By taking these steps, property management and strata bodies can strike a balance between allowing short-term rentals and maintaining a peaceful living environment for all residents.

INVESTORS

Investing in properties for short-term rental in light of this court decision requires a nuanced approach. The ruling emphasises the need for strict adherence to community guidelines and the intended use of properties within residential settings. This means potential investors must carefully review restrictive covenants and by-laws governing the specific community in question.

It is imperative for investors to recognise that short-term rentals, if not aligned with the residential purpose, can lead to disturbances and conflicts with fellow homeowners. This underlines the importance of conducting thorough due diligence before making any investment. Investors should seek legal counsel and engage with property management experts who are well-versed in the intricacies of short-term rentals within gated communities.

Further, this ruling highlights the collective responsibility of homeowners in preserving the character of their communities. Prospective investors should be prepared to actively engage with homeowner associations and strata corporations, ensuring that their rental activities conform to established guidelines.

For those already engaged in short-term rentals, it’s crucial to proactively communicate with neighbours and address any concerns they may have. Establishing open channels of communication can help foster goodwill and minimise potential conflicts.

Ultimately, this court decision underscores the need for responsible property management in the short-term rental sector. Investors should view it as an opportunity to align their rental activities with the broader vision of creating harmonious and sustainable residential communities. By operating within the framework of governance and respecting the sanctity of residential neighbourhoods, investors can not only comply with legal mandates but also contribute to the overall well-being and prosperity of the communities in which they operate.

Howard Johnson Jr. is the founder of Howard Johnson Realty Group. Send feedback to howard.jr@hjrealty.co