Pilgrim, Caribbean housing needs

The Caribbean Community (CARICOM) stands at a turning point in the history of its existence of over three decades. The year 2008 will see the majority of its citizens living in cities and towns, and by 2015 I estimate that three-quarters of the Caribbean's population may be living in urban areas. This urban transformation, which represents a major challenge for attaining the Millennium Development Goals, is entwined with the issue of climate change. The eight United Nations Millennium Development Goals (MDGs) are supported by CARICOM, along with many other nations working to respond to the world's main development challenges.

Our citizens provide the manpower that is the driving force of our economies, and the quality of life they experience directly impacts on productivity. It is therefore important for measures to be taken to provide them with such essentials as a healthy work environment, good air and water quality, accessible transportation services and a place to call home, where one can comfortably dwell in relative peace, security and surrounded with desired conveniences and personal items.

The trend --- which is a good one --- to develop housing projects to provide opportunities for would-be homeowners is becoming a growing priority in the region. It therefore becomes necessary to look at this life-long commitment in the context of the overall national objectives within the framework of the MDG's and other international agreements and conventions.

It is also important for local government actors to aid central government, by asserting themselves to be recognized as important partners in the development of housing projects which take into account the existing important variables which may be embedded in the demographics of the area.

Recently in the news, I observed with interest a housing developer who reimbursed millions of dollars to would-be homeowners (after years of not fulfilling their contract), who were fooled into thinking they would be getting a finished product after signing a contract. Interestingly enough, the return of the wrongfully held money after a long period of time, was without interest on their original sums. Can this be right?

The time has come for homeowners and decent and competent engineers and builders to call for legislation to regulate and protect the rights of a homeowner and make redress and restitution as smooth and as painless as possible.

Buying or building a house is the most expensive and significant investment of most people's lives. If the purchase goes badly due to deceptive, negligent or incompetent practices on the part of housing builders, this is one of the fastest ways to bankrupt a family and cause someone to contemplate bodily harm to someone else. Often times builder's mistakes are really shortcuts that put more dollars of the buyer's money in the builder's pocket, but cost the buyer many thousands in repairs, legal battles and mental stress.

Whether due to a lack of clearly defined laws or non-enforcement of laws, most home buyers have very little recourse, except at present for a lengthy and costly legal battle, if they are defrauded by a home builder. The following are nine basic demands that homeowners need to make when confronted with decisions:
1. There is a need for accountability and transparency from the home building industry, to include national standards for building warranties.

2. All contractors should be licensed and bonded and/or possess suitable insurance. An agency with the legal authority to revoke the privilege of doing business in Antigua & Barbuda, and with punishment that is not a slap on the wrist, is needed. Bonding must be in place to ensure builders cannot leave a home buyer with no home and no money.

3. There should be clear, honest and free legal aid service from the government's legal affairs department regarding giving advice on a home owner's legal recourse against a home builder.

4. Home owners must be able to recover legal fees, experts fees, (such as structural engineering reports, etc), and other reasonable costs associated with pursuing a home builder. Offers of rescission (buy back a defective house) must also include all costs necessary to restore the home owner to the financial position they were in before purchase.

5. The right to use any of the dispute resolution methods normally available, including the courts. NO mandatory arbitration clauses.

6. The appropriate government entity, e.g., the Antigua & Barbuda Development Control Authority, must keep an uncensored, researchable database of significant complaints on contractors, Insurance companies etc. Consumers need to be able to make an informed decision.

7. That government inspectors enforce building codes on the builder.

8. That all materials that are supposed to be installed in the building are, and that they are installed correctly.

9. That builders should not be allowed to misuse the courts by filing frivolous suits or counter-suits against home buyers who are suing them, or complaining about them, for the purpose of intimidation or to get the home owner to drop their suit or complaint.

It is my belief that there is the need for the kind of openness and honesty which mandates that those victims of badly constructed homes stand up, and recognize that their rights must be vigorously defended. This is the only way we can strive to help make this a better Caribbean community.

opinion