DECEMBER 14TH, 2018 – DECEMBER 21ST, 2018
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VOLUME 14 - NO. 50
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DON’T MESS WITH HOTEL WORKERS Premier and Immigration Minister warn resorts, following Gansevoort letter
By Todeline Defralien
P
remier Hon. Sharlene Robinson and Deputy Premier Hon. Sean Astwood have issued a strong warning to hoteliers to refrain from retaliating or victimizing hotel workers because of the controversial service charge issue. The warning followed a leaked letter from the management of Gansevoort hotel to staff about service charge that went viral on social media. The Premier, who is also the Minister of Finance, said the letter created a “very disappointing atmosphere”, while her deputy, who is the Minister of Immigration and Labour, said retaliating against hotel staff will be “a big mistake” which “will not be taken lightly”. During a press conference on Tuesday, December 11th, 2018, Astwood said he immediately contacted the Gansevoort to confirm the authenticity of the letter because he thought someone was “actually playing mischief” with the company. The letter indicated that staff would now see salary deductions to pay for uniforms, and would have buy their own lunch meals because
A
United Way TCI Launched
fter two years of ground work, United Way, the largest non-profit organization in the world, has finally launched in Turks and Caicos Islands with three main focus areas
which include, Education, Youth Development and Crime Prevention. Thursday December 6th, 2018 saw the official launch and Gala Dinner Fundraiser
at the Shore Club in Providenciales. Pictured are members of the United Way Board of Directors. (See pages 24 & 25 for more highlights).
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Supreme Court delivers landmark ruling for strata corporations by Hayden Boyce Publisher & Editor-in-Chief
T
he Turks and Caicos Islands Supreme Court has delivered a landmark ruling approving strata corporations operating with a single rental manger. The ruling by Chief Justice Margaret Ramsay-Hale, which resulted from a case between Ocean Club West in Grace Bay and the owners of seven strata units in Ocean Club West, has major implications for the commercial operations of resorts in Turks and Caicos under the provisions of the Strata Titles Ordinance. It also has major implications for strata unit owners who seek to operate commercial short-term holiday rentals through popular direct rental
platforms such as ‘VRBO’ and ‘Airbnb’, paving the way for strata by-laws and polices which may lawfully prohibit these commercial rentals and impose financial sanctions on direct renters who rent their units short-term for commercial purposes in contravention of such prohibitions by strata corporations. Ocean Club was represented by Conrad Griffiths QC and David Cadman of Griffiths & Partners, while Ruth Jordan and Neale Coleman appeared for the owners of 7 strata units. In delivering her ruling, Chief Justice Hon. Margaret Ramsay-Hale quoted from a ruling of the Privy Council that strata by-laws “are to be construed benevolently, having regard to their purpose in assisting the good management of the development for the
benefit of its residents as a whole”. Following the Privy Council’s ruling in O’Connor and others v The Proprietors, Strata Plan No. 51 in 2017 (“the Pinnacle Case”), the Chief Justice handed down a judgment in Dodds et al. v The Proprietors, Strata Plan No. 27 on 7th December 2018 approving the strata corporation’s policy at Ocean Club West, which restricts short-term rentals to rental only through the resort’s single designated rental manager, Ocean Club Management Ltd, appointed by the strata corporation. The policy was approved by a majority of owners at Ocean Club West. The Privy Council confirmed in the Pinnacle Case that short-term holiday rental does not amount to private residential use and that legitimate
restrictions on the use of a strata lot are permissible. Julianne Dodds and her husband, Kevin Dodds, were among a number of owners of strata units at Ocean Club West who continued to rent their apartments directly online without using the designated rental manager appointed by the strata corporation in accordance with the policy. Dodds and the other owners, Blue Grass Holdings Ltd, Grace Holdings Ltd, Valerie Anne Beattie, Howard Grant Beattie, Litlan ltd, Michael William Craig and Sara Ayres Craig, who continued to rent in defiance of the policy contended that it was an unlawful restriction prohibited by the Strata Titles Ordinance.
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