AMANDA MONTAGUE

Earlier this year the Minister of Industry, Commerce, Agriculture and Fisheries Audley Shaw called for increased integration of Airbnb operations into community tourism offerings. Prime Minister Andrew Holness stated that there is scope for greater expansion of Airbnb services in Jamaica, from which hosts in Kingston and St Andrew earned US$2.4 million in 2017.

According to data from Airbnb, there are now 3,100 hosts in Jamaica, up from 2,300 in December 2016. Listings also saw an increase from 4,000 in 2016 to 5,900 in 2017. Visitor usage saw the most significant increase from 32,000 in 2016 to 59,500 in the last 12 months.

This expansion in the short-term rental market in Jamaica and its integration into community tourism can create contentious issues with respect to existing laws and contracts governing tourism, real estate and housing and may require amendments to these laws.

The “laws” which are likely to be most affected are the by-laws.

By-laws are the laws which govern management, administration, use and enjoyment of the strata lots and the common property in registered strata plans. Most apartment complexes, townhouses and gated communities are governed by by-laws.

By-laws are instruments made under an Act (in Jamaica, the Registration (Strata Titles) Act), and should not contradict, be repugnant to or inconsistent with the Act under which it is made.

As recently as December 2017, the Privy Council was asked to consider the relationship between short-term housing on the one hand, and existing by-laws and the statutory framework of the country on the other hand.

http://www.jamaicaobserver.com/business-observer/airbnbs-vs-strata-by-laws_171679