Comparing Jolly Harbour's For-Profit Service Model with the Traditional Condominium Structure

1. Introduction

Jolly Harbour ("JH") in Antigua and Barbuda is a unique coastal development where freehold property owners rely on Caribbean Developments (Antigua) Limited ("CDAL"), a privately owned, for-profit company, for essential services such as infrastructure maintenance, sewage, lighting, and security. This setup is often compared to a more traditional condominium structure, where a homeowner association or strata corporation manages shared amenities. However, important legal distinctions arise under Antiguan (influenced by British common law) and British property law principles.

This article contrasts the Jolly Harbour arrangement—where freeholders contract individually with CDAL for services—with the typical legal framework governing condominiums. Of particular note is the concern that CDAL may attempt to offload costs stemming from mismanagement, bad business decisions, or negligence onto the freeholders.