1. Individual Rights vs. Group Action

Under typical Antiguan court procedures (influenced by English common law via the Eastern Caribbean Supreme Court rules), it can be challenging to bring a collective ("class" or "group") action that conclusively binds every freeholder at once. Usually, each freeholder must obtain their own judgment or ruling—though freeholders may collaborate in seeking legal opinions, drafting claims, and possibly sharing certain procedural steps.

• Practical Point: A "group action" may help reduce overlap in research and arguments, but each freeholder likely needs either a separate claim or to be formally added as a claimant in joint proceedings. If you are unsure how group litigation might unfold in Antigua, consult a qualified attorney.

2. First Step: Review Your Covenant / Land Transfer

Your Land Transfer Agreement contains the covenant setting out CDAL's obligations regarding the community (maintenance) charge. Several versions exist; in each, the developer is authorized to levy a "maintenance" fee for services "to and for the benefit of [the] parcel." Some say "services are limited to" certain items (e.g., security, grounds, sewage), while others say "services are not limited to"—but they still must comply with the overarching requirement that fees directly benefit your parcel. It is not up to CDAL alone to decide what is beneficial.

Examples of Covenant Wording:

1. "…which services are limited to security, grounds maintenance, infrastructural maintenance, sewage, lighting, and liability…"
2. "…which services are included but not limited to…"
3. "…not limited to security, grounds maintenance… The said charge may increase or decrease from time to time having regard to audited common expenses."
4. "…services provided to and for the benefit of the above-mentioned parcel…"

Note: Regardless of the version you hold, the fundamental principle remains that costs must be traceable to services directly benefitting your property—not to rectify CDAL's separate financial deals or underfunded backlog.

3. Second Step: Read the Articles & Analysis on JollyHarbour.org

Our website hosts a chronological archive of articles addressing:

4. Considering an Injunction or Legal Opinion

A common starting point is discussing with counsel the feasibility of filing for an injunction to block any further unilateral fee increases from CDAL, pending the outcome of a court determination. Before that:

1. Obtain a joint or "group" legal opinion from a qualified Antiguan solicitor.
   • This opinion can outline whether your covenant's language supports challenging certain fees or a new increase.
   • A shared legal opinion allows freeholders to pool costs and unify around common questions, though each owner's situation may differ.
2. Decide on Next Steps
   • Some may proceed to court, seeking a declaratory ruling that aspects of the charge violate covenant terms. Others might withhold payment of the disputed portion, though this can trigger a standoff with CDAL or the threat of service disconnections.
   • Any group litigation approach must be mindful that each freeholder typically needs an individual final judgment—unless a single claim can be structured to include multiple named claimants each with standing.

5. Known Issues & Risks

• Individual Deals: CDAL apparently makes side agreements with certain freeholders (e.g., some pay nothing, others pay reduced fees). These shortfalls then get distributed among the remaining owners—something that many see as unlawful under the Land Transfer. If you challenge such cost-shifting, you need a personal or collective legal claim grounded in your covenant's text.
• CDAL's Asset Position: Public indications suggest that CDAL does not possess vast readily available assets—yet the company's owners have a vested interest in keeping it operational, given it facilitates operations for some of their other subsidiaries. Additionally, there is a caution recorded against the 140-acre golf course (linked to the Lockhart v. CDAL litigation), preventing its sale or transfer. For context, Harbour Island is roughly 34 acres with 132 lots, once commanding top prices of around US$500,000 each. If CDAL were to split its 140-acre golf course in half, creating approximately 300 lots priced at about US$300,000 each, that alone might yield around US$90 million. Clearly, the potential capital to fund significant improvements at Jolly Harbour exists—if properly mobilized.

6. Concluding Thoughts

Taking legal action against CDAL is not a step to be taken lightly. Every freeholder should:

1. Carefully read their Land Transfer covenant to confirm what exactly is said about "maintenance charges."
2. Peruse the analyses on JollyHarbour.org for background, references, and case studies.
3. Consider joining a group legal opinion—to reduce duplication—while understanding that full "class action" is tricky, and individuals remain responsible for ultimately obtaining their own rulings.
4. Talk to an Antiguan solicitor experienced in developer–freeholder disputes and weigh the potential cost–benefit and enforcement realities.