Below are two template emails that Jolly Harbour freeholders can use to question CDAL's maintenance charges. Choose the appropriate template based on your situation:
- Template 1: For freeholders who know their land transfer covenants and want to challenge a recent increase
- Template 2: For freeholders who need to establish the legal basis of the charge itself
Template 1: Challenge Recent Increase (With Known Covenant)
Use this template if you have your land transfer covenant and want to challenge a recent increase in maintenance charges:
To: [email protected], [email protected], [email protected], [email protected], [email protected] Subject: Request for Legal Basis of Recent Maintenance Charge Increase Caribbean Developments (Antigua) Ltd. (CDAL) c/o Cort & Cort 44 Church Street St. John's, Antigua Attn: - Ms. Jamie Tarter – Director / Managing Director - Ms. Melareen Jarvis-Christopher – Director - Mr. Joseph Krohn – CFO of Sabana Holdings Ltd (CDAL's parent company) 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. I specifically request: • Audited Financial Documentation: Please provide the audited accounts used to calculate this charge increase—including a clear line-item breakdown of expenses specific to my parcel. • Legal Authority: Please identify the precise language from the land transfer that permits this escalation, including how it aligns with covenant requirements that charges be "for the benefit" of my specific parcel. • Documentation of Process: Please share any recent votes, resolutions, or notices confirming that proper procedures were followed in determining the new amount. • 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. Regards, [Your Name] [Your Parcel/Villa Reference] [Contact Information]
Template 2: Question Basic Charge (Unknown Covenant)
Use this template if you need to establish the fundamental legal basis for the maintenance charge:
To: [email protected], [email protected], [email protected], [email protected], [email protected] Subject: Request for Legal Basis and Supporting Documents Regarding Monthly Charge and Recent Increase Caribbean Developments (Antigua) Ltd. (CDAL) c/o Cort & Cort 44 Church Street St. John's, Antigua Attn: - Ms. Jamie Tarter – Director / Managing Director - Ms. Melareen Jarvis-Christopher – Director - Mr. Joseph Krohn – CFO of Sabana Holdings Ltd (CDAL's parent company) 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. I recognize the importance of maintaining community infrastructure. However, I believe that all legally imposed charges require proper contractual foundation and transparent calculation, particularly when those costs increase. In light of recent disputes facing this community—including the Coleman ruling regarding documentation needed for valid charge increases—I wish to ensure that both parties are legally aligned before proceeding with further payments. Thank you for your attention to this matter. I look forward to receiving detailed information that clarifies these important questions. Regards, [Your Name] [Your Parcel/Villa Reference] [Contact Information]