Six years inside their gated community, the board of directors for Montego West Village Benevolent Society (MWVBS) continues to express dissatisfaction with the development. Their concerns, they told the Jamaica Observer, are far bigger than the very real challenges that come with some residents’ failure to pay the monthly fees needed to maintain their shared space.

“Non-compliance with maintenance fee payments by some residents is a minor issue compared to the significant problems caused by insufficient action from the municipal corporation and other regulatory bodies. These challenges could not be solved by removing the gated status or enacting new legislation; the existing authorities and professional bodies simply need to enforce current standards and perform their duties effectively,” the MWVBS board told the Sunday Observer.

It has painted a picture of government bodies shirking their responsibilities, leaving homeowners to fight their own battles.

“Residents invest with the expectation that State agencies will facilitate a smooth transition. For instance, the roads in Montego West Village have deteriorated significantly within three years, and the piping infrastructure for water has shown vulnerabilities. Additionally, development walls, which should enhance community safety, were erected without proper foundations, reinforcements, or quality concrete, making them susceptible to breaches. Water reserves that should have been in place are not, highlighting poor work by the developer and lack of adherence to public policy legislation regarding infrastructure,” MWVBS added.

The board also complained, as it has done in the past, that the failure to erect “mandated retaining walls” made the community susceptible to landslides and erosion.

Asked for a response to the long list of concerns raised by MWVBS, Gore Homes told the
Sunday Observer it “has no comment at this point in time”.

Documents seen by the Sunday Observer in which National Environment and Planning Agency (NEPA) detailed findings of an October 16, 2020 inspection appeared to support some of the MWVBS’ concerns. According to NEPA, “erosion of the slopes for several lots were noted”.

It concluded, “Of the 59 conditions to be monitored, 43 were applicable at the time of inspection. These equated to an 88 per cent compliance level with the conditions of the permit. In light of the conclusions above, it is recommended that a warning letter be issued for the non-compliant component.”

Some residents have since put in retaining walls but the board is still hoping the developer will fix other issues.

However, that appears unlikely, based on responses from head of the St James Municipal Corporation Mayor Richard Vernon. On Thursday he told the Sunday Observer that certificates of compliance were issued for all seven phases of the project, which means the developer “met the requirements”. The mayor also noted that the sales agreement made it clear that individual homeowners are responsible for putting in retaining walls for their lots.

However, on the issue of the missing boundary wall, he suggested residents take that up with the developer as it has nothing to do with inaction on the part of the local authority.

“There is nothing in conditions of approval, nor the plans, about a boundary wall. Residents will have to communicate with the developer as this was an agreement between themselves and the developer,” Vernon stressed.

Overall, the MWVBS board appears unimpressed with the level of support provided by the municipal corporation since the developer handed over the community to the local authority. It complains that there is an issue with flooding and mosquitoes because the drains are not being maintained by the corporation. It also spoke of inadequate road maintenance.

“Despite the developer contributing approximately $20 million to maintain the 10 kilometres of roads within Montego West Village over two years, only a few potholes have been patched,” asserted MWVBS.

“The rapid deterioration of the road infrastructure within just three years starkly illustrates the municipal corporation’s failure to ensure that the documented standards were properly enforced by the developer to guarantee road longevity,” it added.

Mayor Vernon has rejected those claims, insisting that standards were met, and compaction reports were submitted by the developer. He also noted that the roads are routinely inspected and there are plans to do work in the community.

“Roads undergo ongoing inspection, and several areas are to be repaired over the next few weeks. The development paid over approximately $20 million to the municipal corporation…That amount is for short-term repairs, and taxes will be necessary to sustain the community adequately,” said Vernon, a veiled reference to another touchy topic.

In June, he had told the Observer that more than $1 billion in property taxes remain unpaid by residents in gated and other formal communities across the municipality, putting a strain on local authorities’ efforts to maintain infrastructure in St James.

However, the MWVBS board questioned the veracity of the local authority’s data and competence in getting residents to pay their taxes.

“We question the true compliance levels for Montego West Village and the effectiveness of the municipal corporation’s efforts through Tax Administration Jamaica to ensure compliance,” the board said.

“The municipal corporation must stop making excuses for their inaction and take necessary steps to ensure tax compliance and address community needs. Public education and proactive enforcement are essential to ensure residents fulfil their obligations and the community receives the support it deserves. The lack of accountability and support from the municipal corporation is unacceptable and must be addressed immediately,” MWVBS added.

In rebuttal, Vernon said while 55 per cent of homeowners at Montego West Village pay their property taxes, the 45 per cent who do not pay owe $19.8 million, and despite efforts to collect the overdue amounts, they have encountered a number of hurdles. These include gaining access to the gated community — and even if they do get in, face-to-face meetings are tricky as most people are at work when compliance officers visit.

“Reminders are left in the gates, but the occupiers do not call back,” the mayor explained.

Vernon also pointed to non-compliant homeowners’ lack of urgency when it comes to paying property taxes, tenants who are afraid to mention the overdue taxes to homeowners/landlords, and residents’ “unresolved issues” with the developer as factors that impact compliance.

But he has a plan to ramp up collection of property taxes.

He said an ad has now been placed on the municipality’s website, a town crier has been dispatched to Montego West Village on the weekends with a message urging compliance, teams now go out from as early as 6:00 am to engage with residents before they leave home, they have added Saturday visits and as of November, they will begin serving summons for those who owe property taxes to face the court in January.

It remains to be seen if these measures will be enough to change the MWVBS board’s perception that the local authority and other State agencies have left the community to fend for itself.