business@tribunemedia.net
MONDAY, FEBRUARY 28, 2022
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Judge urges Condo Act reform over PI blunder By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net AN ARCHITECT’S blunder has ensnared a multi-million dollar Paradise Island project in multiple legal battles and prompted a Supreme Court judge to call for the Condominium Act’s reform. Legal documents seen by Tribune Business reveal how several sales at the ten-storey One Ocean condo project, which dominates the skyline on Paradise Island’s southern shore, have become embroiled in bitter court fights stemming from disputes over the size of the unit involved. The controversy, which has been the subject of three separate Supreme Court rulings within a twomonth period, stems from “inaccuracies” contained in the original architect’s
• Architect got multi-million project’s dimensions wrong • Judge: ‘None’ of owners paying correct fees as result • Triggers title disputes over One Ocean penthouses certificate that were then used to set-out the dimensions of One Ocean’s 79 units in its Declaration of Condominium - the legal instrument that gives effect to the condominium’s creation. The situation triggered Justice Loren Klein, in one of the verdicts, to assert that “only the Quieting Titles Act has been productive of greater mischief in the law of real property”
than the Law of Property (Condominium) Act 1965. “The claim also illustrates the unique complications that can arise from transactions involving the peculiar legal estate of fee simple ownership of property in a multi-storey building,” he wrote in his judgment. “It is apparent that the Condominium Act has not kept pace with the mischief which has been generated
by some of its provisions. These difficulties are strikingly illustrated by transactions involving the sale (or resale) of units, which seemingly cast an onerous burden on a prospective purchaser to ascertain that the building and units comply with near exactitude to the Declaration and registered plan. “It has been left for the courts to attempt to ameliorate some of these issues by resorting to common law and equitable principles on a case-by-case basis, which has not always produced a uniform approach. The time may well have come for there to be a review and revision of the Act benchmarked on other jurisdictions to address the unique issues that have developed regarding condominium title.
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Boat charter fee payers in $20m ‘consumable’ boost By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net VISITING yachts/boats who paid their charter fees via the Association of the Bahamas Marinas (ABM) portal spent $20m on “just consumable” purchases in the local economy, its president says. Peter Maury told Tribune Business that data obtained from the EZPay portal, where vessels pay their 4 percent charter fee, showed it last year collected $2.389m for the Public Treasury from charters worth a collective $55m.
With boats having to confirm the value of their charter when paying the fees, Mr Maury said that - based on the Advance Provisioning Allowance (APA) - they had collectively spent close to $20m while in The Bahamas on groceries, fuel and other provisions. “When you pay 100 percent for the charter, they take 25-30 percent of the value of the charter, and that’s the APA,” he explained. “You have to pay the APA. They take that, and the captain stocks the boat, provides the
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BPL fuel hedge renewal ‘more crucial than ever’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A TOP hotelier yesterday said the oil price impact from Russia’s war on Ukraine meant it was “more important now than ever before” that Bahamas Power & Light’s (BPL) fuel hedge be renewed. Robert Sands, the Bahamas Hotel and Tourism Association’s (BHTA) president, told Tribune Business that reinstating a mechanism that fixes BPL’s fuel costs for a specific period of time must be “finalised as soon as possible” to protect local households, businesses and the postCOVID economy from the
ROBERT SANDS worst effects of soaring oil prices. With the Ukraine conflict, and Russia’s status as a major oil producer, driving per barrel prices above the $100 mark to levels not seen in eight years last week, he suggested that time was
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‘Impossible to build tourism’ with $3,000 Miami one-way fare • Hotelier: ‘We’ve done a good job messing up Freeport’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A FREEPORT hotelier says it is “impossible to build a tourist destination” on Grand Bahama when airline ticket prices fluctuate between $3,000 and $150 within a timespan of barely several days. Magnus Alnebeck, the Pelican Bay resort’s general manager, told Tribune Business that the island simply lacks the airlift capacity, infrastructure and hotel rooms to cope with “the peaks and valleys” created by the Grand Bahama Shipyard. He confirmed that, on days when a ship’s crew is being flown out, all the outbound seats on the flight to Miami are taken, raising prices for a one-way ticket as high as $3,000. But, on days when there is no such business, the Pelican Bay chief said aircraft
load factors drop as low as 10 percent with tickets falling to $150 for the same journey. Asserting that such volatile swings make it virtually impossible to build sustainable airlift to Grand Bahama, Mr Alnebeck told this newspaper: “When they change crews it takes all the airline inventory on a particular day. For two days next week they are sold out. “You have some days where a one-day ticket to Miami is $3,000, and you have some days when it is $150. You cannot try to build a tourist destination with these sorts of fluctuations. With those of us who live here, it’s fine. We take Western Air to Nassau and catch American Airlines from there. “These are small jets that are coming in from Miami, and if you have a crew of 40 being changed
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