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Western Bureau:
Homeowner Keith Dixon, who has grown increasingly frustrated with the problems he encountered with his $55 million luxury home at Ocho Rios Country Club in St. Ann, is demanding the St. Ann Municipal Corporation be held accountable.
Dickson described the struggles he and his sister have faced since they paid cash last January for the $55 million home in a luxury gated community that he said has long suffered from construction defects. From a persistently leaky roof to mold growth to inadequate drainage and sewage treatment facilities, his complaints painted a harrowing picture.
However, perhaps the most pressing issue for the Dixons is the difficulty in obtaining title to their property, a milestone that has plagued them for more than a year. The Dixons’ woes have been further exacerbated by reports that the issuance of titles has been put on hold due to encroachments on the property.
Ocho Rios Country Club includes two- and three-bedroom “single-family residential units with four different designs on the property,” according to the developer’s website.
While the website does not reveal the number of units available at the residential development, The Sunday Gleaner A copy of a confirmed development order was obtained which shows DCR Hardware and Construction Limited has been granted permission to build 88 dwellings at Big Pond, Ocho Rios.
The approval, issued on St Ann’s Municipal Corporation letterhead, includes the developer’s building conditions and proposals, with the largest dwelling expected to have three bedrooms.
However, Dixon told The Gleaners Their home is advertised on the official website as a two-storey detached house with three bedrooms and three bathrooms, but it actually has four bedrooms.
While touring the home, he pointed out that the upstairs patio had been enclosed to create an additional room.
The council reportedly did not approve the construction of a fourth bedroom, which Dickson said raised concerns about the building inspections that local authorities carry out at all stages of residential development.
“I don’t want this to be seen as an attack on the developer. I just want to know why these things happen,” he said. “The question I want someone to answer is, if the parish council is supposed to be regulating what’s being built, then why is there such a big discrepancy between what’s actually being built and what’s been approved?”
When asked if he was aware of the encroachments before purchasing the property, Dickson responded in the affirmative, explaining that he was told the issues would be addressed within three months.
“We were told that the title deed will be ready in three months as the house was encroached upon and we have written records. They agreed that we will get the title deed in three months but it looks like it is more than just encroachment,” the homeowner complained.
A cease and desist order should be issued
Meanwhile, Dickson said he has sought help from state agencies to improve the dispiriting situation, but he is still waiting for official word.
But Dixon, in his anger, told The Sunday Gleanerit was held that the St. Ann Municipal Corporation should have issued a cease and desist order after realising that the property was being encroached upon.
“For me, I want to know what the municipal corporation is doing because if these houses are inspected at the stages they should be, there is no way my house would be completed and pass the inspection,” he said.
“We don’t have a proper catch basin or sewer shaft. The roof is not insulated. We have mould in the fourth bedroom. All of these things should have been checked by the parish council before the certificate of practical completion was issued,” he added.
Meanwhile, Delroy Reid, owner and director of DCR Hardware and Construction Limited, also sought to defend the integrity of his business.
“After I became aware of the problem, I sent my team to that compound and the client signed the document saying they were happy with everything that was done there and they were willing to work with me,” he told The Sunday Gleaner When asked about the defects in Dickson’s home.
Reed further stated that the homeowner knew there were defaults on the property, but he still decided to purchase the home.
“The client knew that, so he said he would buy it with cash. He said he would not take out a mortgage because I told him he couldn’t take out a mortgage because the house was in default and he wouldn’t get the title until the project was complete,” Reed explained.
“They signed the terms and hired their own lawyer. They knew this and told me they were living with their sick mother. I felt bad for them so I allowed them to move into the house before the deal was finalised.”
To prove that the homeowners agreed to a clause when they purchased the property, the developer forwarded a cropped photo of a document to The Sunday Gleaner“The Seller has disclosed to the Buyer that a small portion of the Residence has been built outside the northern boundary line of the Lot, thereby creating a boundary breach,” the document reads in part.
The document goes on to set out the legal implications of the breach and says the developer will take the necessary steps to address the issue.
It further stated that “the seller is unable to provide a timeline for the resolution of the boundary issues as such issues are protracted and involve third parties over which the seller and/or its lawyers have control”.
No signature
The images provided by the developer do not have signatures, Dixon told The Sunday Gleaner He did not sign this particular document.
Reid said the process of obtaining title to the property has begun and the Dicksons “should have it by the end of the year.”
He insists his company acts in the best interest of homeowners.
“It’s my personal residence and they told me they wanted to buy it from me. I never intended to sell it,” he said.
Jennifer Brown-Cunningham, CEO of St Ann Municipal Corporation, told The Sunday Gleaner The local authority has been informed of the problems at the nursing home.
“The company had received complaints regarding faulty sewage systems from homeowners. They conducted site visits and held meetings with the developer to mitigate the issues. Subsequently, they provided responses to the complainants and submitted revised drawings relating to the location of manholes for proper drainage of sewage,” she said.
Brown-Cunningham added that her officers conducted numerous site visits at different stages of the development.
She said: “No infrastructure deficiencies were identified at the approval stage” and “no complaints were received that the homes were not built as planned”.
“However, during the site inspection, we found some minor modifications and the relevant drawings have been submitted for approval,” the CEO added.
Brown-Cunningham also told The Sunday Gleaner Her records showed that Dickson knew about the encroachment.
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