PREMIUM
COST SHARING
This cost sharing method has been in place for over a decade. A property owner in both BBE & PHE, did road administration. When he left island in 2021 maintenance of the main access road was abandoned. This is simply a continuation of what is already in place.
Q&A
There are three developments that have plot road 27 as a main access road: Butler Bay Estates, Prospect Hill Estates, and 7 lots of Butler Bay Partners.
25 lots in total. So the cost of maintenance for plot road 27 is divided by 25.
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USVI case law has established that any property granted an easement for a main access road is required to share the cost of maintenance.
This is true regardless of whether there is a house on the lot or it is vacant.
This is true whether you are on the bottom of the hill or the top.
This is true whether or not there is any written agreement stating the requirement.
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Q. What role do the HOAs have in this?
A. None. The HOAs are for the land owners in that community to manage their own affairs. Including the maintenance of the road within it.
ex: BBESLA manages the maintenance of plot road 1 within that subdivision and PHESLA manages the road that runs through that subdivision. These HOAs cover the costs of maintenance on their own roads.
Q. Why am I getting a bill instead of my HOA?
A. The HOAs are not responsible for cost sharing of the Main Access Road. The property owners are. That said, if the members would like to pool resources and have their HOA make one lump payment, that's fine. As long as the sum total is the same.
Q. I already pay my HOA for road fees why am I getting another charge?
A. Both Butler Bay Estates and Prospect Hill Estates have their own roads within the subdivision. The fees would pay for maintaining those. A portion of the fees have historically been applied to the main access road.
Q. My house is near the bottom of the road so why should I pay the same as people who drive up and down from the top?
A.It's not about driving, it's about watershed. Water starts at the apex of the road and gains volume and velocity as it goes downhill. Lack of good drainage up hill causes the damage at the bottom. That is everyone's problem.
Over half of the 25 lots are owned by people that don't have a home on them and never drive on any portion of the road.