Dear Subscriber,
The Developer of Pigeon Cay Sub-division (Cat Island Beach Developers, Limited) has sold the last beachfront lot within our Sub-division (Lots 1 through 36 inclusive) and advised me of their intent to divest themselves from any further development and/or managing of our Sub-division. Consequently, we’ve been advised to form a Local Improvement Association, the Bahamian equivalent of a Homeowners Association. Towards that end conversations with a law firm in Nassau, Maillis and Maillis, have commenced. While we are not committed to this firm, I have deep respect for Mr. Pericles Maillis as an Attorney, conservationist, former President of the Bahamas Trust, Fisherman and a Farmer who respects the law, life, land and water. He has familiarity with local improvement associations including the exclusive Lyford Cay Association on New Providence.
Per Chapter 258, the Sub-divisions (Local Improvement Associations) Act, only owners of one or more of the residential lots of our Sub-division may be members of the Association. This was the motivation for the recent changes in our WhatsApp groups. Everyone on the beach, regardless of lot ownership is included in the renamed Pigeon Cay Property Owners and Pigeon Cay Properties Vital Info groups. A new WhatsApp group has been created for eligible residential lot owners in the proposed Local Improvement Association.
To form our Association, lot owners representing not less than sixty percent of the total number of lots (22 of the 36 Lots, improved or not) in our Subdivision are needed with the approval of the Developer, which approval has been informally granted. The purposes of a Local Improvement Association, as taken from the text of the Act, are to empower us to perform in the interests of all the members, just as examples the following:
1. The maintenance in a state of good repair of all private roads.
2. The provision and maintenance of such street lighting as in the opinion of the Association is sufficient for the needs of the area.
3. The maintenance in a clean and orderly state of any parks, recreation grounds, open spaces or verges which are not maintained at public expense.
4. The collection, disposal or destruction of garbage, ashes or rubbish.
5. The establishment and control of an organization of watchmen.
6. And any other function which is appropriate for the Association to perform.
Additionally, Sub-division Act paragraph 8(3) provides that “any valid and subsisting agreements or covenants binding upon lot owners and the developer relating to the carrying out of or the payment for any functions entrusted to the Association, such agreements or covenants shall be in suspense and unenforceable for any period during which the Association is empowered to carry out such functions and to require payment therefor.” It will be the responsibility of Association members to draft new Conditions, Restrictions and Stipulations to replace the originally covenants in our conveyances, as these will be suspended during the life of the Association.
I ask your patience as we work through the details and costs of this effort, which costs are estimated to be about $100 per lot to incorporate and administer the first year. Only one annual all members meeting is required by law, and such may occur via video conferencing (e.g. Zoom). A governing Board of five members is required and this Board will meet only as needed and again will do so electronically. Notices will be able to be sent via email or similar electronic messaging. Annual fees will only be those agreed upon, as will any assessments for maintenance and improvements.
As we go forward the Association will of necessity work with all our neighbors, whether members or not. With the Developer divesting themselves of any further involvement now is the time to take control of our destinies on Pigeon Cay and govern ourselves as responsible lot owners and stewards of the land, acting in the best interests of all. I will continue to provide updates as new information becomes available. I do not foresee this happening before early next year.
If you are interested in reading the full text of the Sub-division (Local Improvement Association) Act, please follow this link Sub-division (Local Improvement Association) Act.
Warm Regards, James Honeycutt, Lot 28 Pigeon Cay Sub-division