Template Letters for Questioning CDAL's Maintenance Charges

Subject: Request for Legal Basis of Recent Maintenance Charge Increase

Dear [Name or Title at CDAL],

I hope this message finds you well. I am writing to formally express my concerns regarding the most recent increase in the monthly maintenance ("community") charge. Under the terms of my land transfer covenant—and consistent with general obligations under Antiguan law—any change in charges must be supported by specific and legally binding provisions. I have not received documentation showing that these requirements have been followed.

Request for Legally Binding Agreement
	1.	Land Transfer Covenant / Instruments of Transfer
	•	Pursuant to my rights as a freeholder, please provide a full copy (or the relevant excerpts) of the legal instrument(s) upon which this new charge is based, including the specific clauses authorizing increases.
	•	If my covenant states that fee adjustments must be "to and for the benefit" of my parcel and/or in accordance with audited accounts, please identify where in the covenant or audited statements this increase is justified.
	2.	Audit or Ruling Supporting the Increase
	•	Under various Antiguan and British common-law precedents, especially the Coleman ruling (Claim No. ANUHCV2004/0345), any unilateral hike in community fees should align with audited financials demonstrating the cost basis.
	•	Please forward any current audit or formal report that demonstrates compliance with these requirements. Without such documentation, it appears to contravene both my covenant terms and established legal precedent.

Non-Agreement with the Increase
	•	In the absence of a legally binding agreement authorizing this escalation, I must respectfully decline to accept it. If there is specific evidence that my parcel's monthly charge must be revised under the covenant, I ask that you share it immediately, including line-item allocations clearly showing that any additional amounts are "to and for the benefit" of my parcel.

References to Applicable Law
	•	My request is grounded not only in the plain language of my land transfer but also in relevant Antiguan legal principles under the Registered Land Act and British common-law standards requiring clarity and fairness when levying charges.
	•	The Coleman ruling in Antigua establishes the need for a proper, audited basis to justify material fee increases—absent which, courts have ruled such hikes improper.

I would appreciate a prompt response with any supporting documentation you rely on to impose this charge. Thank you for your time and cooperation; I hope we can resolve this matter amicably and in full compliance with the obligations set forth in my land transfer and under Antigua's legal framework.

Sincerely,

[Your Name]
[Your Parcel/Villa Reference]
[Contact Information]

Subject: Request for Legal Basis and Supporting Documents Regarding Monthly Charge and Recent Increase

Dear [Name or Title at CDAL],

I hope this finds you well. I am writing to clarify both the legal foundation for my monthly maintenance (or "community") charge and the basis of its recently announced increase. At present, I have not received any agreement or documentation establishing the charge itself or explaining why it has been raised.

I respectfully request the following:
	1.	Legal Basis of the Charge
	•	Please provide any legal document, agreement, or provision that underpins my obligation to pay a monthly charge at Jolly Harbour.
	•	If a formal covenant, contract, or local law governs this requirement, kindly supply a copy or direct reference to those terms. I have not yet seen any such documentation explaining how or why I am billed in the first place.
	2.	Justification for the Increase
	•	If the newly increased rate stems from a recent audit, budget, or other financial assessment, please share those materials so I can understand the rationale behind the higher charge.
	•	If additional costs relate to infrastructure, administrative overhead, or other projects, please detail how these expenses are included in my bill and under what authority.
	3.	Compliance with Applicable Standards
	•	To the extent this charge or its increase is governed by Antiguan legislation or any precedent under British common law, kindly clarify how your current billing process satisfies those requirements.
	•	If you rely on local rulings or specific statutory guidelines, I would appreciate being directed to or receiving copies of these references.

Why This Matters:
	•	Without documentation or an identified legal foundation, I cannot confirm whether the monthly charge (and especially its increase) is valid or consistent with local legal standards.
	•	As someone paying these fees, I believe I have a right to verify how they are determined and whether they legitimately reflect my responsibilities.

Kindly Respond:
	•	I would appreciate a comprehensive response within 14 days (or another reasonable timeframe), including copies of or direct excerpts from the relevant agreements, audits, or legal instruments.
	•	If the basis for the monthly charge or the recent increase is found to be unsupported by formal agreement or statutory authority, I respectfully request that the charge or any new rate be promptly reassessed.

Thank you for your prompt assistance in clarifying these points. I look forward to reviewing any supporting documentation or legal references that justify both the charge itself and its current increase.

Sincerely,

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