Menzies-Ann Marie v Proprietors Strata Plan NO. 210

Case Number: 
2011 HCV 04176
Neutral Citation: 
[2014]JMSC Civ. 142
Date of Delivery: 
29.09.2014

IN THE SUPREME COURT OF JUDICATURE THE CIVIL DIVISION CLAIM NO. 2011 HCV 04176 BETWEEN ANN-MARIE MENZIES CLAIMANT AND PROPRIETORS STRATA PLAN NO. 210 DEFENDANT IN CHAMBERS Mr. John Givans instructed by Givans & Company for the Claimant. Mr. Kent Cammon instructed by Kent Cammon & Co. for the Defendant. Heard: 8th October 2012 and September 29, 2014 Bye-Laws – Breach of Bye-laws – Arrears of maintenance charges – Disconnection of electricity, water and gas – Whether disconnection is unlawful and repugnant to the Registration (Strata Titles) Act and the general law of the land. CAMPBELL Q.C. J, Background [1] The Claimant is the owner of Strata Lot 11, part of a residential apartment complex established as Strata Plan No. 210A, located at 19 Seymour Avenue, Kingston 6 in the parish of St. Andrew. The Claimant came into possession on the 15th August 2002. [2] The Defendant is incorporated pursuant to Section 4 of the Registration (Strata Titles) Act. A Committee of the Defendant manages the affairs of the complex.
[3] The Claimant in her affidavit dated 10th January 2011, filed in support of the application, states that she has converted her studio into a one-bedroom apartment which is located on the uppermost floor, of the three floor building. She states that the monthly maintenance charge was $7,600.00 at the time she

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