Title 28 — Property
25 chapters · 384 sections in this title.
28 V.I.C. § 901 Definitions
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(a) As used in this chapter, unless the context otherwise requires:(a) “Apartment” or “condominium unit” means a part of the property intended for any type of independent use, including one or more rooms or enclosed spaces located on one or more floors (or part or parts thereof) …
28 V.I.C. § 902 Horizontal property regimes
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Whenever the sole owner or sole lessee or all of the owners or all of the lessees of a property expressly declare, through the execution and recordation of a master deed or lease, together with a declaration, which declaration shall set forth the particulars enumerated by section…
28 V.I.C. § 903 Apartments as real property; incidents of ownership
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(a) Once property is submitted to the provisions of this chapter:(a) Each apartment, together with its undivided interest in the common area and facilities, shall for all purpose, including the provisions of subtitle 2 of Title 33, constitute real property and may be separately c…
28 V.I.C. § 904 Effect of conveyance or encumbrance and subrogation of rights; apartment planned but not completed; apartment under construction
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(a) In cases of the conveyance or encumbrance of an apartment which has been planned but whose construction has not yet begun, the share of the grantor or the encumbrancer, as the case may be, in the common elements of the proposed building and his right to have the apartment con…
28 V.I.C. § 905 Common areas and facilities
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(a) Each apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the declaration. Such percentage shall be computed by taking as a basis the value of the apartment in relation to the value of the property. (b) T…
28 V.I.C. § 906 Compliance with covenants, bylaws and administrative provisions
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Each apartment owner shall comply strictly with the bylaws and the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended from time to time, and with the covenants, conditions and restrictions set forth in the declaration or i…
28 V.I.C. § 907 Certain work prohibited
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No apartment owner shall do any work which would jeopardize the soundness or safety of the property, reduce the value thereof or impair any easement or hereditament without in every such case the unanimous consent of all the other apartment owners being first obtained.
28 V.I.C. § 908 Liens against apartments; removal from lien; effect of part payment
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(a) Subsequent to recording the declaration as provided in this chapter, and while the property remains subject to this chapter, no lien shall thereafter arise or be effective against the property. During such period liens or encumbrances shall arise or be created only against su…
28 V.I.C. § 909 Common profits and expenses
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The common profits of the property shall be distributed among, and the common expenses shall be charged to, the apartment owners according to the percentage of the undivided interest in the common areas and facilities.
28 V.I.C. § 910 Contents of declaration
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(1) The declaration shall contain the following particulars:(1) Description of the land, whether leased or in fee simple, on which the building and improvements are or are to be located.(2) Description of the building, stating the number of stories and basements, the number of ap…
28 V.I.C. § 911 Contents of deeds of apartments
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(1) Deeds of apartments shall include the following particulars:(1) Description of the land as provided in section 910 of this title, or the post-office address of the property, including in either case the book, page and date of recording of the declaration.(2) The apartment num…
28 V.I.C. § 912 Copy of the floor plans to be filed
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Simultaneously with the recording of the declaration there shall be filed in the office of the Recorder of Deeds for the district where the property is situated a set of the floor plans of the building showing the layout, location, apartment numbers and dimensions of the apartmen…
28 V.I.C. § 913 Blanket mortgages and other blanket liens affecting an apartment at time of first conveyance
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At the time of the first conveyance or lease of each apartment, every mortgage and other lien affecting such apartment, including the percentage of undivided interest of the apartment in the common areas and facilities, shall be paid and satisfied of record, or; the apartment bei…
28 V.I.C. § 914 Recording
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(a) The declaration, any amendment or amendments thereof, any instruments by which the provisions of this chapter may be waived, and every instrument affecting the property or any apartment shall be entitled to be recorded. Neither the declaration nor any amendment thereof shall …
28 V.I.C. § 915 Removal from provisions of this chapter
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(a) All of the apartment owners may remove a property from the provisions of this chapter by an instrument to that effect, duly recorded, provided that the holders of all liens affecting any of the apartments consent thereto or agree, in either case by instruments duly recorded, …
28 V.I.C. § 916 Removal no bar to subsequent resubmission
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The removal provided for in the preceding section shall in no way bar the subsequent resubmission of the property to the provisions of this chapter.
28 V.I.C. § 917 Bylaws
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The administration of every property shall be governed by bylaws a true copy of which shall be annexed to the declaration and made a part thereof. No modification of or amendment to the bylaws shall be valid unless set forth in an amendment to the declaration and such amendment i…
28 V.I.C. § 918 Contents of bylaws
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(a) The bylaws may provide for the following:(a) The election from among the apartment owners of a Board of Directors, the number of persons constituting the same, and that the terms of at least one-third of the directors shall expire annually; the powers and duties of the Board;…
28 V.I.C. § 919 Books of receipts and expenditures; availability for examination; annual audit
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The manager or Board of Directors, as the case may be, shall keep detailed, accurate records in chronological order, of the receipts and expenditures affecting the common areas and facilities, specifying and itemizing the maintenance and repair expenses of the common areas and fa…
28 V.I.C. § 920 Waiver of use of common areas and facilities; abandonment of apartment
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No apartment owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of his apartment.
28 V.I.C. § 921 Separate taxation
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Each apartment and its percentage of undivided interest in the common areas and facilities shall be deemed to be a parcel and shall be subject to separate assessment and taxation under the provision of subtitle 2 of Title 33. Neither the building, the property nor any of the comm…
28 V.I.C. § 922 Priority of lien
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(a) All sums assessed by the Association of Apartment Owners but unpaid for the share of the common expenses chargeable to any apartment shall constitute a lien on such apartment prior to all other liens except only (i) tax liens on the apartment in favor of the Government of the…
28 V.I.C. § 923 Joint and several liability of grantor and grantee for unpaid common expenses
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In a voluntary conveyance the grantee of an apartment shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee's right to r…
28 V.I.C. § 924 Insurance
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The manager or the Board of Directors, if required by the Declaration, bylaws or by a majority of the apartment owners, or at the request of a mortgagee having a first mortgage of record covering an apartment, shall have the authority to, and shall obtain insurance for the proper…
28 V.I.C. § 925 Disposition of property; destruction or damage
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(a) If, within 60 days of the date of the damage or destruction to all or part of the property, it is not determined by the Association of Apartment Owners to repair, reconstruct or rebuild, then and in that event:(a) the property shall be deemed to be owned in common by the apar…
28 V.I.C. § 926 Actions
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Without limiting the rights of any apartment owner, actions may be brought by the manager or Board of Directors, in either case in the discretion of the Board of Directors, on behalf of two or more of the apartment owners, as their respective interest may appear, with respect to …
28 V.I.C. § 927 Personal application
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(a) All apartment owners, tenants of such owners, employees of owners and tenants, or any other person that may in any manner use property or any part thereof submitted to the provisions of this chapter shall be subject to this chapter and to the declaration and bylaws of the Ass…