A homeowner’s nightmare

WESTERN BUREAU:

Homeowner Keith Dixon is growing increasingly frustrated over issues arising from his purchase of a $55-million home in the luxury Ocho Rios Country Club in St Ann as he demands accountability from the St Ann Municipal Corporation.

Dixon, in describing his plight since he and his sister completed the cash purchase of a $55-million home in the luxury gated community in January of last year, said that the home has been plagued with construction defects. From a persistently leaky roof to the presence of mould and improper drainage and sewage infrastructure, his grievances paint a distressing picture.

Yet, perhaps the most pressing concern for Dixon lies in the elusive acquisition of a title for their property, a milestone that has eluded them for over a year. Reports suggest that the title’s issuance is stalled due to encroachment issues on the premises, further exacerbating Dixon’s plight.

According to the developer’s website, the Ocho Rios Country Club comprises two- and three-bedroom “single-family units with properties having four different designs”.

Although the website does not share the number of units available in the housing development, The Sunday Gleaner acquired a copy of the confirmed development order, which showed that DCR Hardware and Construction Limited was approved to construct 88 homes in Great Pond, Ocho Rios.

Included in the approval, which sits under the St Ann Municipal Corporation’s letterhead, are the developer’s conditions and proposal to build the units, with the largest home expected to have three bedrooms.

Dixon, however, told The Gleaner that in their home, which is advertised as a three-bedroom three-bathroom two-floor detached unit on the official website, there are four bedrooms.

During a tour of the home, he pointed out that an upstairs patio was enclosed to construct an additional room.

That fourth bedroom was reportedly not approved by the municipal corporation and this, Dixon said, has raised concerns regarding the building inspections done by the local authority during the various phases of the home development.

“I don’t want this to be [viewed as] an attack on the developer. I just want to know why these things happen,” he said. “The question that I would like somebody to answer is, if the parish council is meant to be regulating what is being built, why is there such a difference between what is on the ground and what is in the approved drawings?”

When asked if he was aware of the encroachment before purchasing the property, Dixon responded in the affirmative while explaining that he was told that the issues would have been resolved in three months.

“We were told that the title would be ready in three months because of an encroachment on the property, and we have that in writing. They agreed that we would get the title in three months, but it appears that it is more than an encroachment,” the homeowner complained.

Stop order should have been issued

At the same time, Dixon shared that he has sought the assistance of state agencies to remedy the frustrating situation, but he is still waiting for an official word.

But at the centre of his annoyance, Dixon told The Sunday Gleaner, is the belief that the St Ann Municipal Corporation should have issued a stop order after recognising that the property was being breached.

“For me, I want to know what the [municipal corporation] is doing because if the homes were inspected in phases as they should have been, there is no way my house would have been completed and passed,” he said.

“We don’t have the proper gully basins or manhole for our sewage. The roof isn’t insulated. We have mould in the fourth bedroom. All these things should have been inspected by the parish council before a letter of practical completion was issued,” he added.

In the meantime, Delroy Reid, owner and director of DCR Hardware and Construction Limited, has sought to defend the integrity of his business.

“After I was made aware of the problem, I sent my team to the compound and the clients signed pon the documents dem to say that they are happy with whatsoever was done there, and they are willing to work with me,” he told The Sunday Gleaner when asked about the defects at Dixon’s home.

Reid further stated that the homeowners were aware that the property was in breach; however, he decided to still purchase the home.

“The client knew and that’s why him said that him will buy it cash. Him seh him will not go through a mortgage because I told him that him cannot do a mortgage since the house already breach, and he will not get the title until the project finish,” Reid explained.

“They signed to the clause of it and dem have dem own lawyer wah dem use. They were aware and dem tell me that dem have a living condition with dem sick mother. I felt sorry for them, so I allowed them to move into the house even before the transaction was finished.”

In a bid to prove that the homeowner agreed to a clause during the purchase of the property, the developer forwarded a cropped photograph of a document to The Sunday Gleaner. A section of the document reads, “The vendor has disclosed to the purchasers, that a small part/portion of the dwelling house has been erected beyond its northern boundary line for the lot thereby creating a boundary breach.”

The document went on to list the legal implications of the breach, before stating that the developer will take the necessary steps to have the issue resolved.

It further said that “the vendor cannot provide a timeline within which the boundary issue will be resolved as matters of this nature are protracted and involve third parties over whom the vendor and/or its attorneys have any control”.

Did not sign

There were no signatures attached to the image provided by the developer and Dixon told The Sunday Gleaner that he did not sign this specific document.

Reid said that the process has started to secure the title to the home and the Dixons “are supposed to get it before the year ends”.

He maintained that his company acted in the best interest of the homeowners.

“It was my personal house and they told me that they wanted to buy it from me. It was never my intention to sell it,” he said,.

St Ann Municipal Corporation CEO Jennifer Brown-Cunningham told The Sunday Gleaner that the local authority was notified about the issues at the home.

“The corporation has received complaints regarding a homeowner’s sewage disposal malfunction. Site visits were conducted and a meeting convened with the developer to alleviate the issues. Subsequently, a response was given to the complainant, and amended drawings submitted as it relates to the placement of the manholes to provide proper drainage of the effluent,” she said.

Brown-Cunningham added that her officers carried out various site visits at different phases of the development.

“No infrastructural flaws were identified at the approval stages” and “no complaints were received regarding homes not being built according to plan”, she said.

“However, during a site visit, minor modifications were seen, and the relevant drawings were submitted for approval,” the CEO added.

Brown-Cunningham also told The Sunday Gleaner that her records indicate that Dixon was knowledgeable of the encroachment.

rochelle.clayton@gleanerjm.com