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Notice of Charge and Power of Delegation

A dispute between Unit owners and the Condominium Association leads to two decisions by the Supreme Court. 

The decision of (then) Senior Justice Indra Charles lays out the law on the issuance of interrogatories. 

The decision of Senior Justice Deborah Fraser addresses the nature and scope of the power of delegation by an Association and the legal quality required for a Notice of Charge under the provisions of the Law of Property and Conveyancing (Condominium) Act. 

Raynard Rigby KC of Baycourt Chambers represented the Association in the action, which is under appeal by the Unit owners.

 

027- JUDGMENT- STEVEN M. CHESS AND KAREN CHESS v BIMINI SANDS PHASE II CONDOMINIUM ASSOCIATION
(1) Stephen Chess (2) Karen Chess v (1) Bimini Sands Phase II Condominium Assoc.(2)Bimini Sands HOA Phase II 2021CLEgen01318.RULING
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