Original Legal Opinion Document
Read the complete Hill & Hill legal opinion on CDAL's community charges:
Download Hill & Hill Opinion (PDF)1. Introduction & Context
On July 26, 2023, the law firm Hill & Hill issued a legal opinion on behalf of Caribbean Developments (Antigua) Ltd. (CDAL) to justify levying "community charges" on freeholders in Jolly Harbour. This opinion, in essence, argues that property owners:
- Are broadly bound to pay monthly charges.
- Cannot refuse payment even if certain parcels saw little or no benefit.
- Must accept CDAL's unilateral decisions as to what services constitute "benefit."
However, for many freeholders, this position conflicts with the Land Transfer covenant language requiring that the community charge be used "to and for the benefit of [your] parcel" (emphasis added). Below is an in-depth look at the Hill & Hill opinion, the relevant jurisprudence, and the key arguments freeholders can raise to challenge overbroad or misapplied fees.
📄 Full Article Access
To access the complete article: Contact legal -at- jollyharbour -dot- org with your property details to receive the full content.