Template Letter: Request for JHPOA Reserve Study Projections

Open letter to JHPO Association, Inc.

Subject: Request for Reserve Study Projections and Financial Calculations in Light of Potential CDAL Takeover

Dear JHPO Association, Inc. Board,

I am writing with specific questions regarding the ongoing discussions about an eventual homeowner-led management—or "takeover"—of Jolly Harbour. While I welcome any effort that improves our community, I remain concerned that recent proposals overlook the findings of the existing reserve study, which explicitly recommends the immediate creation of a reserve to address significant infrastructural deficiencies. As the study makes clear, the current reserve stands at effectively $0, even though major repairs (including seawalls, roads, and other utilities) are overdue.

1. JHPOA's Projections for Monthly Maintenance
	•	Forecast of Monthly Charge: Has the Board or any homeowner advocacy group produced a clear, detailed plan showing what monthly fees would look like under a homeowner-run or HOA-style Jolly Harbour, given the reserve study's guidance and urgent funding needs?
	•	Reconciliation with Zero Reserve: If certain advocates believe the required fee will be much lower than the reserve study indicates, could JHPOA clarify how they propose to reconcile those lower charges with the capital outlays that the study deems necessary?

2. Responsibility for Past Neglect and Liabilities
	•	CDAL's Obligation under Covenants: The reserve study highlights the need for substantial overhauls caused by CDAL's prior mismanagement. Under the typical land transfer covenants, these large-scale liabilities fall on CDAL—not on unsuspecting owners. Will JHPOA ensure that these liabilities remain with CDAL rather than shifting to freeholders through a new homeowner-led entity?
	•	Avoiding Transferred Debt: How does the Board propose to prevent a scenario where decades of neglected assets are simply "offloaded" to a new HOA, thus forcing freeholders to finance what should rightly be CDAL's responsibility?

3. Compliance with Existing Covenants
	•	Covenant Language: Some homeowners worry a homeowner-led takeover may not fully respect the land transfer stipulations that CDAL—as developer—fund major replacements of roads, seawalls, or other infrastructure. Can JHPOA confirm that any such transition plan will align with covenant provisions requiring the developer to shoulder these large expenditures, rather than counting them as normal upkeep?
	•	Legal Avenue & Potential Relief: Under Antiguan law (e.g., the Registered Land Act 1975, supported by British common-law precedents such as Coleman), there appears to be no mechanism forcing individual freeholders to participate in a takeover of assets or liabilities they never contractually agreed to assume. If this takeover attempts to circumvent CDAL's obligations, freeholders may be entitled to seek injunctions or other relief to prevent the developer from transferring debt and neglected infrastructure onto owners without consent.

Key Concern:
While certain freeholders may voluntarily choose to purchase or manage parts of CDAL, there is no legal requirement for all owners to join that initiative—especially if it violates the clear covenants that made CDAL responsible for these liabilities in the first place.

I fully support good-faith initiatives to maintain and enhance Jolly Harbour but urge that any plan reflect:
	1.	The true infrastructure costs identified by the reserve study,
	2.	The land transfer covenants' constraints,
	3.	The principle that freeholders cannot be compelled to assume liabilities that legally remain with CDAL,
	4.	Protection for owners against unfair or unauthorized cost transfers.

Thank you for your attention to these matters. I look forward to any data, calculations, or clarifications JHPOA can share regarding the reserve study's immediate funding recommendations and how the Board intends to protect owners from inheriting liabilities that, by covenant and precedent, belong to CDAL.

Sincerely,
[Your Name]
[Property/Villa Reference (if applicable)]
[Contact Information]