Estates of Judith's Fancy

St. Croix neighborhood, US Virgin Islands

 

Judith's Fancy

 

Notice to Members: Petition effort is underway to remove three of the JFOA Directors, under bylaw provision Article IV Section 2.  Read below for info on three legal disputes the Directors have created.  This board has become member unfriendly. If you know a director who has recently resigned, you might talk to them for their perspective.  We ask the members if this is the way they want their Association to treat members.  You could be the next victim of this board.

Addendum information to recall petition - reasons for recalling directors

PETITION FOR ACTION REQUESTED FROM STUART GILES, ALEXANDRA HAM, & CHAD WALTER

To download the petition click here. Print, sign and return by US mail to Petition, 4164 Estate Judiths Fancy, Christiansted VI 00820

The Board has arbitrarily and inconsistently enforced setback violations.
The Board has ignored its Directors’ own setback violations.
The Board has granted members permission to change their plot boundaries, then after the boundaries were legally changed, the Board has demanded that they be reversed, resulting in litigation.
The Board’s arbitrary and inconsistent enforcement of the setback violations has resulted in three significant disputes with members, all of which are in litigation.  Two complaints were filed in court, one in arbitration.
The pending and expected litigation will likely impact the Association’s insurability and cost of insurance.

We, the undersigned Plot Owners of Judith’s Fancy, request the immediate resignation of Stuart Giles, Alexandra Ham and Chad Walter from your currently held Board Member positions. The By-Laws of the Estate Judith’s Fancy, Article V, Section 1 give the Board the Powers of the Association except as provided by law, the Articles of Incorporation, the Declaration or the By-Laws. You, the above named Directors, have shown evidence of not understanding the Laws of the Virgin Islands as well as the rights of the Plot Owners with respect to Buildings, Plot Lines and Setback details as set forth in the By- Laws of Judith’s Fancy. You have used your interpretations of the By-Laws in a narrow manner as to omit other sections of the By-Laws that actually allow for Plot Owner Building action. In addition, all three of you as well as other members of the board have either liberally received and used waivers to the covenants to suit yourselves while denying other plot owners the same courtesy as has been passed down over the years.

Legal Dispute #1.  A member asked permission to redraw two plots into three.  The board gave written permission to redraw.  The member redrew, then obtained mortgages on the three plots.  Many months later the board changed their minds and demanded the member revert to the original lot lines, but it was too late.  Click here for the members letter to the Directors and the resulting lawsuit currently in litigation against the JFOA.  Recently, and after the lawsuit was filed, the board "double downed" by imposing $100 per day fines against the member.  The board has been collecting assessments for three plots for 3 years, now they are demanding the owner reduce to 2 plots.


Legal Dispute #2. A member purchased the adjoining empty lot with intentions of building a garage near the internal plot line of the two plots. Previous Boards have all interpreted the Covenants to cause them to ignore internal plot lines of multiple plots with the same owner, for setback violation purposes.  This Board denied their building permit for the garage, and first told them it was only because if violated VI code and the government would not issue a building permit.  When the members got an approval letter from DPNR and presented it to the board, the board still denied their building permit.  Click here for the Pavel's letter to JFOA owners explaining their reasons for supporting a recall of some directors.  Click here for their  resulting lawsuit which is currently in litigation against the JFOA.

Legal Dispute #3.  A member asked the board for permission to redraw the line between two plots the member owned, not creating a subplot, and resulting in the member still owning two plots.  The board granted permission and memorialized the permission in the minutes of the March 2016 Directors meeting.  The member had the line redrawn and recorded the new line with the government.  Many months later the board changed their minds, imposed $100 a day fines against the owner before even notifying the owner and demanded the line be reverted to the original.  There is no apparant benefit to the neighbors or the JFOA of the line being drawn either way.  Under duress, the member hired a surveyor to revert the line, and intends to file suit against the JFOA to recover losses.  Click here for the directors meeting minutes giving permission to change the internal plot line. Click here for the Director's letter informing the member of the fines and demand to revert.  Click here for the members reply letter.  Click here for the members complaint for damages to be decided in arbitration.

This is an informal informational site only. Refer to original documents or direct questions by mail to the Judiths Fancy Owners Association at 4048 Estate Judiths Fancy, Christiansted VI 00820 for official inquiries. You may also direct inquires to the board of directors by email using jfancy2012@gmail.com.