1. Introduction and Background
The JHPO Association, Inc. ("JHPOA") is a non-profit entity purporting to represent property owners within Jolly Harbour Marina Village ("JH"). Its by-laws contain clauses that "deem" all freehold owners to be members unless they explicitly opt out. Additionally, the by-laws indicate that the association may collect or assess membership fees in the future.
However, property owners may question the enforceability of these stipulations under Antiguan law, particularly when their individual Land Transfer agreements make no reference to JHPOA and explicitly state that any charges must be for services benefiting the parcel. This article examines whether provisions in the JHPOA by-laws are consistent with the Registered Land Act 1975 and general principles of contract and consumer protection law in Antigua and Barbuda (influenced by British common law).
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