Title 28, Property

Premises recovered by an owner in accordance with clause (1) or (2) of subsection (a) of section 840 of this title shall not thereafter be leased to or occupied by any tenant, lessee, or person other than the owner recovering possession of the same for his own personal use, unles…

In any action for the recovery of possession of rented premises, written notice to quit must have been served upon the tenant or person in possession for a period of 30 days before the commencement of such action.

(a) If any landlord receives rent in violation of any provisions of this subchapter, or of any regulation or order thereunder prescribing a rent ceiling, the tenant paying such rent or the Rent Control Officer on behalf of such tenant may bring an action for double the amount by …

This subchapter shall not apply to hotels or transient lodging houses.

The provisions of this subchapter shall remain in force and effect only for the duration of the public emergency with respect to the shortage of housing and business accommodations declared to exist by Ordinance of the Municipal Council of Saint Thomas and Saint John approved Dec…

(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) …

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…

(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…

(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…

(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…

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…

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.

(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…

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.

(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…

(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…

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…

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…

(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 …

(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, …

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.

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…

(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;…

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…

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.

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…

(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…

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…

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…

(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…

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 …

(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…

(a) No lending institution doing business in this territory shall discriminate, on a basis that is arbitrary or unsupported by a reasonable analysis of the lending risks associated with a residential mortgage transaction, in the granting, withholding, extending, modifying or rene…

(a) Any mortgage or other instrument given for the purpose of creating a lien on real property may, and when so expressed therein or when so expressed in a separate loan agreement specifically referred to therein and incorporated by reference (which loan agreement need not be rec…

This chapter is known and may be cited as “The Virgin Islands Timeshare Act”.

(a) The purpose of this chapter is to:(1) Give statutory recognition to timesharing in the Territory;(2) Regulate timeshare plans located in the Territory, whether or not offered or sold in the Territory, and regulate the sale of timeshare plans located outside the Territory when…

(a) As used in this chapter, unless the context clearly requires otherwise:(a) “Accommodation” means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, or any other private or commercial structure that: is affixes to real property; is designed for …

(a) A timeshare plan may be created in any accommodation, unless expressly prohibited by the timeshare instruments. (b) Timeshare interests may be created in the form of a contractual interest, lease, condominium, trust, cooperative, undivided ownership interest, or any form of s…

(a) For a timeshare plan located exclusively in this Territory, the developer of a timeshare plan shall:(1) Deposit with an escrow agent 100 percent of all funds and other property that are received during the seven-day cancellation period provided for in section 1106(b) of this …

(a) In lieu of the deposit of funds in an escrow or trust account as required by section 1104, the escrow agent may accept from the developer a surety bond, irrevocable letter of credit or other form of financial assurance, including financial assurance posted in another jurisdic…

(a) A purchaser may cancel a purchase contract before midnight of the seventh calendar day after the date the purchaser signs and receives a copy of the purchase contract or receives the required timeshare disclosure statement set forth in section 1107, whichever is later. A deve…

(a) Before a prospective purchaser signs any agreement to acquire a timeshare interest, the developer shall provide a disclosure statement to the prospective purchaser and shall obtain from the purchaser a written acknowledgement of receipt of the timeshare disclosure statement. …

(a) If a prospective purchaser is also offered participation in any exchange program, at or before the time the prospective purchaser signs the agreement to acquire the timeshare interest, the developer shall deliver to the prospective purchaser the exchange disclosure statement …

All timeshare plans must maintain a one-to-one owner accommodation ratio, which means the ratio of the number of owners eligible to use the accommodations of a timeshare plan on a given night to the number of accommodations available for use within the timeshare plan on that nigh…

(a) General(1) A mortgage may confer a power of sale upon the mortgagee, trustees, or any other person to be exercised after a breach of the obligation for which that mortgage or transfer is a security.(2) A regular or special assessment under a timeshare plan and any late charge…

(a) Each timeshare plan located exclusively in this Territory and established after the effective date of this chapter must provide a timeshare association to act exclusively as managing entity for the timeshare plan pursuant to this chapter. The developer shall act as the managi…