HODGE & HODGE



January 17, 2023,



AFFIDAVIT



Re: Cowpet Bay West Condominium Association



St. Thomas, USVI



I, Mark D. Hodge, being duly sworn, depose and state that:



lL.



J am an adult resident of St. Thomas, U.S. Virgin Islands, and have personal

knowledge of the facts stated in this affidavit.



I am legal counsel for Cowpet Bay West Condominium Association.



A question was raised whether a separate property tax bill should have been issued

for common areas in the condominium as there are currently improvements being

prepared for Cowpet’s common areas.



All condominiums have common areas that are reflected in the deeds of the

individual units, and ownership of the common areas are divided amongst the

individual unit owners.



Even if there are 500 units, 100% of the title to the common areas is divided between

the owners of those 500 units.



While customarily a tax clearance letter is required for improvements, in the case of

improvements to a common area in a condominium, obtaining tax clearance letters

for 100% of the title to the common areas might require a hundred or more tax

clearance letters for each of the individual units.



However, as improvements to the common area result in increased value for all of the



units, including the vast majority of units that are up to date with property taxes,



1340 TAARNEBERG

ST. THOMAS, USVI, 00802

(340) 774-6845

MARK@HODGELAWVICOM

delaying such improvements by requiring tax clearance letters from one hundred or

more unit owners actually negatively impacts the Government’s ability to obtain

additional property taxes.



8. Improvements to the common area represent improvements to the value of the

individual condominium units, including the vast majority of units that are up to date

with property taxes, such that the increased value results in increased property taxes.



9. Even for any hypothetical unit owners that are not up to date, increasing the value of

the common areas increases the value of the unit if it is put up for sale (which would

trigger the payment of any outstanding property taxes to complete closing) and if a

tax lien foreclosure becomes necessary.



10. In short, I (and Cowpet Bay West Condominium Association) would respectfully

recommend that the Commissioner exercise his discretion in the case of repairs or

improvements to condominium common areas by providing a letter noting that no

property taxes are owed specifically for condominium common areas, for which no

property tax bills are issued.



FURTHER AFFIANT SAYETH NOT.

Dated: January 17, 2024, fel. flood,



Mark D. Hodge, Esq.



Subscribed and sworn to before me this f7 day of January, 2024.



© PRG at



N@tary Public“~—



My Commission expires



Maria Hodge

My Commission Expires:

October 28, 2024

LNP-90-20