THE MONTHLY GLEANER | NOVEMBER 2 - DECEMBER 2, 2023 | www.jamaica-gleaner.com | OPINION & COMMENTARY 9 [EDITORIAL] JUDGMENT IN favour of the Wellington Glades couple who challenged their citizens’ association by refusing to pay maintenance fees has created a stir within the gated community which has been gaining momentum all over Jamaica. The case initiated by the citizens’ association has been going on since 2019, and ended recently with the judge declaring that the Wellington Glades Citizens’ Association was not a legal body and therefore could not compel residents to pay maintenance fees. The association argued that various services are provided for the complex which are covered by fees charged to residents. But the couple countered that they stopped paying in 2019 because the complex was not being properly run. Many argue in social media commentary that such a case was ripe for the court’s consideration, given that several associations are facing similar resistance from residents, and many have recorded high levels of delinquency. Even with the legal arguments about what constitutes strata titles and concerns about whether the association is a legal entity, it seems to us that, at the heart of the matter, is the issue of accountability. The commentary ignited by the outcome of this precedent-setting case ranged from glee for those who feel that citizens association are too autocratic and far from transparent, to fear that the ruling may open the floodgates to more challenges by homeowners. Frankly, we would not be surprised if the result is a rash of litigation following this decision. NOT A NEW CONCEPT The concept of gated communities is not new, indeed it goes back to ancient times when medieval walled cities were created to protect their citizens and life was lived in full behind the walls. These were complete cities. One of the first gated communities in America was identified in New York, during the 19th century when the wealthy wanted to insulate themselves from the struggling poor. Nowadays, gated communities are commonplace. With ballooning crime, they have become the alternative for Jamaicans seeking respite from the criminal elements, be they town houses or apartments. This lifestyle, which offers an array of services, appeals to persons who crave privacy, insulation from certain noises, and who do not want to be bothered about issues like landscaping or securing reserved power. But they must comply with all the relevant covenants, conditions and restrictions which may even include any kind of improvement to an individual unit. As is expected, all these amenities come with a cost, and usually it’s the homeowners’ association which sets a fee for the upkeep of common areas and all the services which are offered. Delinquency can extend for long periods. In frustration, some complexes have resorted to drastic actions such as posting the names of delinquent owners and the amounts they owe, while others have withheld common services from those who fall behind in their payments. In contrast, some properties use the services of property management companies who are accountable to homeowners on a timely basis, and they appear to be well-run. Homeowners’ associations, or by whatever name they are called, should act within the law as they seek to represent communities. We believe homeowners do have a right to get an accounting of how their fees are spent. They also ought to be provided with justifications for any new cess or increased maintenance charges. There is also a duty of care when it comes to homeownership, and it seems fair that, even when challenging an action, homeowners should pay the fees while awaiting decisions. Gated communities with their manicured lawns and well-maintained grounds cannot be kept in pristine condition if owners do not pay to have these services provided. Gated and or not! Consider deployment of mobile ATMs THE EDITOR, Madam: THE EARTHQUAKE of October 30 will leave an indelible mark on our memories. My own experience occurred while conducting financial transactions in the ABM at the First Global Bank (FGB) in Mandeville, Manchester. Just as the approved transaction was confirmed by me, and my bank card was returned, the earthquake disrupted online connectivity, resulting in the failure to dispense my requested funds. When I checked my bank balance, I realised that the amount was withdrawn from my account; however, I did not receive neither the money nor the standard email notification of the transaction. As such, I visited the FGB customer service to lodged my complaints and seek redress. I was fortunate that waiting to access their help took 10 minutes and the process of enquiry and completing of documentation for recovery of the money lasted another 35 minutes. Kudos to the efficient customer service representatives at the FGB in Mandeville. The disruptions caused by the earthquake, however, raises some questions about how prepared are members of the Jamaican banking industry in providing mobile alternatives if earthquakes affects their standard ABM/ATMs across the island? Turkey, being prone to earthquakes that cause the disruption of both telephone lines and electrical power, along with damaged ATMs or disruption causing them to go offline, began since 1998 to deploy mobile ATMs to help restore normal services to their population affected by earthquakes. While we have seen several attempts at robbery at our ATMs, resulting in closures of many access points across Jamaica, we should not let these circumstances prevent us from advocating for the need in every parish to have mobile ATMs for use, especially in natural disasters and emergencies. Let us dare not wait until the big one happens. DUDLEY MCLEAN II Mandeville, Manchester dm15094@gmail.com Earthquake is a wake-up call on high-rise buildings THE EDITOR, Madam: THE PUBLIC Affairs article published in The Sunday Gleaner on October 29, penned by Artnel Henry and titled ‘Are high-rise buildings being constructed safe?”is most timely and relevant, in light of the 5.6-magnitude earthquake on Monday which occasioned structural damages both to private homes and public buildings. Henry underscored the necessity for quality control of materials for building construction. He wrote: “As the demand for houses increased throughout the island, it was impossible for the bureau (of Standards) to certify the building blocks of all the producers.” Consequently, the Bureau of Standards Jamaica “employed a training officer who organised training sessions for producers of goods and services, then followed up with a Quality Mark” to ensure ‘safe’, quality building material. The article did mention the possibility of shortcuts as well as the different qualities, depending on the structure being erected. Given the recent shake-up caused by the earthquake, this would be a good time to test the quality material used in those buildings recently constructed and were damaged. That pertains both to private homes and public buildings. If such investigations were to reveal that inferior quality materials were used, would those culpable be held responsible, or would we, in usual Jamaican style, just brush it aside without culpability? The recent 5.6-magnitude earthquake might indeed be a wake-up call, especially in light of the high-rise construction‘fever’to build in our crowded spaces. An earthquake of greater magnitude could be extremely catastrophic. Therefore, this saying holds true: “An inch of prevention is better than a pound of cure.” DONALD REECE Deep-sea mining a threat to Jamaica’s blue economy THE EDITOR, Madam: DEEP-SEA MINING is a promising frontier in resource extraction, with the potential to unlock a wealth of minerals vital for various industries, including the rapidly expanding electric vehicle (EV) market. This essay explores the benefits of deep-sea mining, while shedding light on its potential dangers to Jamaica’s blue economy. Further, it examines why deep-sea mining cannot be the sole solution to meet the surging demand for lithium used in EV batteries, with references to relevant articles. The benefits of deep-sea mining are undeniable. It offers access to valuable resources like nickel, cobalt, and copper, which are indispensable in the production of batteries for EVs and renewable energy technologies. The world is on the cusp of a green revolution, and these minerals are the linchpin in transitioning away from fossil fuels and combating climate change (Johnson, 2023). However, the dangers of unregulated deepsea mining are concerning, particularly for Jamaica’s blue economy. As the International Seabed Authority grapples with establishing a comprehensive regulatory framework, potential risks loom. These risks include habitat destruction and the interference with the ocean’s carbon absorption capacity (AFP, 2023). Moreover, deep-sea mining cannot singlehandedly fulfil the growing demand for lithium needed for EVs. While it has the potential to provide certain minerals, lithium primarily derives from land-based sources (AFP, 2023). This limitation is an important factor to consider as the EV market surges, demanding increased lithium production. Deep-sea mining offers numerous benefits, especially for the clean-energy transition. However, it must be approached with caution and stringent regulations to protect the environment. Jamaica, in its pursuit of responsible resource management, underscores the importance of a balanced approach to reaping the benefits of deep-sea minin,g while preserving our planet’s vital ecosystems. L.H. Deer Physics and Integrated Science Teacher Tivoli Gardens High School Letters
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