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Eric_HillAdministrator
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Letter from the St Maarten Timeshare Association
      #1611362 - 10/24/14 09:20 AM (71.101.36.252)

I have received this letter from the St. Maarten Timeshare Association and have been asked for make it available to everyone here:

Caravanserai/Alegria
Many of St. Maarten’s timeshare owners either are affected directly or indirectly by the letter sent by the new owning company of what was known as the Caravanserai , which letter stated that their timeshare rights would be annulled. This goes on in a domino effect to also exert a negative influence on the lives of every St. Maarten person as the major source of money in our pockets is courtesy of our main pillar tourism economy.

The St. Maarten Timeshare Association is doing everything it can to encourage our government to become engaged in this issue. We have a confirmed meeting with the Minister of Tourism and Economy, Ted Richardson, the new owner and the SMTA set for October 28th. While draft legislation was prepared by MP Leroy de Weever that would offer the St. Maarten government the ability to actively protect the interests of the timeshare owners, the current law does not offer this tool to help our tourism product.

Although we do not currently have a lot of timeshare specific laws, there are plenty of laws to protect our timeshare owners’ interests. As St. Maarten is a Civil Code jurisdiction this means people must hire legal representatives to plead their case before a judge.

The government of St. Maarten can exert its influence to see if cooperation can be obtained, but it has no way to force a private entity to comply in a private matter under the current law.

The SMTA would like to outline several possible options for Caravanserai timeshare owners. The options listed are not recommendations, but rather are put out so that informed choices can be made.

1. Sign the Agreement sent out as is by Alegria.

2. Hire a law firm to represent you to enforce your timeshare rights. You can do this individually or join a group. Two law firms have communicated to SMTA their interest in providing timeshare owners seeking assistance local legal advice ‎on the matter; Lexwell Attorneys at Law and Bermon Law Offices. Individuals would pay more than if they went as a group. Contacting one of these offices should give a clear indication of the strength of any action.

3. Another option would be to do nothing and see what develops. Whichever way you decide, the SMTA will continue to work to make the St. Maarten timeshare product the best it can be for both our valued tourists and our society alike.

--------------------
Eric Hill
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SXMScubaman
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Re: Letter from the St Maarten Timeshare Association [Re: Eric_Hill]
      #1611402 - 10/24/14 11:54 AM (70.199.133.37)

Nice letter but it just states what everybody already knows about their options. I really don't think this meeting will amount to much but I'll wait and see what becomes of this.

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mechtech43
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Re: Letter from the St Maarten Timeshare Association [Re: SXMScubaman]
      #1611558 - 10/25/14 01:57 PM (50.70.29.170)

After reading and receiving information from the Beamon Law firm on their intentions for redress through the courts, I approached a Canadian lawyer who deals in international law. His approach would be for the lawyers to seek compensation from the Bank of Nova Scotia since they had convenants in their loan agreement to oversee Manek's company and its timeshare operation. He finds it quite odd that they allowed this individual (Manek) such leeway in not paying his loans and he questions on whether they did a forensic auditing of the company's financial statements. If they really did sell 2,000 weeks of timeshare and amounts that people paid outright for condo units, there is a fair amount of money missing especially with such a huge loan still outstanding for the buildings. It may be right to sue through the courts but it should be the Bank of Nova Scotia who gets sued as they failed the timeshare owners by letting Manek stay in control of the finances of the resort for so long. It depends on the laws of St. Maarten on how the lawsuit should proceed and whether a class action suit would be allowed to proceed against a bank on the island

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Eric_HillAdministrator
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Re: Letter from the St Maarten Timeshare Association [Re: mechtech43]
      #1611564 - 10/25/14 02:57 PM (173.114.132.1)

Do not know the answers to your questions. Yes it is a mess and the other timeshare properties know that also. What might happen in court, who knows?

Will see what happens after the meeting, but that does not help the current situation. And then it still has to be enacted, so a proposal is a proposal ....

We have no dog in this fight at all. And many other t/s owners are happy with their situation also. But everybody would like some asurance. Don't have a clue about what that might be. Will see what happens.

Not saying all is lost at all, but this is never simple. Everybody rememebers Maho and that was not simple either. Hopefully, things can be worked out to accomadate all parties concerned. That would be the best solution, maybe it can be done?

--------------------
Eric Hill
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Bob_Dot
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Re: Letter from the St Maarten Timeshare Association [Re: Eric_Hill]
      #1611568 - 10/25/14 03:29 PM (68.109.114.220)

Did the bank not hire an outfit from Houston, TX. to oversee the operation about 2 years ago? They were supposed to be experts in managing depressed properties.

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Snorkeller
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Re: Letter from the St Maarten Timeshare Association [Re: mechtech43]
      #1611576 - 10/25/14 04:53 PM (108.4.42.28)

If a timeshare owner who has been told by the current owner of the property that his right to use space at the property has ended and will be not recognized further, it would seem to me that the possibility of obtaining relief from either the current owner or the person(s) from whom the timeshare owenr acquired the timeshare interest would be (1) contractual; (2) code/statutory; or (3) a combination of 1 and 2. It is impossible for anyone, including a lawyer of any description, to give a worthwhile opinion on the matter without having access to all relevant contracts and having an understanding of any applicable codes and statutes. I have access to neither and I would guess that the only people that have a shot at getting access to both are lawyers who practice in a relevant practice area in Sint Maarten.

Some basic principles that probably apply are (1) no one can tranfer a greater interest in property than they themselves have; (2) there is a difference between knowing something is happening and authorizing it to happen; and (3) loan agreements are extremely unlikely to provide for third party beneficiaries in connection with their covenants and triggers.

If I was involved in this and cared enough about it to think about investing in legal action, I would sit down with a Sint Maarten attorney of good reputation and talk through it. The one thing you never want to do is throw good money after bad.

I wish everyone affected by this the best in whatever they choose to do.


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RICKnGRACE_LI_NY
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Joined: 04/21/01
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Loc: Long Island, NY
Re: Letter from the St Maarten Timeshare Association [Re: Snorkeller]
      #1611578 - 10/25/14 06:09 PM (72.28.25.3)

All legal matters differ, but as a veteran of the Pelican Fiasco for years, you really don't have a lot of rights as a Timeshare Owner. I hope the out come is good for the timeshare owners who are being "violated"

--------------------
Rick and Grace


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boucharda
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Joined: 12/01/04
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Loc: Massachusetts
Re: Letter from the St Maarten Timeshare Association [Re: Snorkeller]
      #1611692 - 10/27/14 09:27 AM (76.5.208.149)

Quote:


If a timeshare owner who has been told by the current owner of the property that his right to use space at the property has ended and will be not recognized further,




If I read it correctly the current owner has not said that the right to use the unit has ended....just the right to exchange or rent it out.


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Carol_HillAdministrator
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Re: Letter from the St Maarten Timeshare Association [Re: boucharda]
      #1611695 - 10/27/14 09:44 AM (71.101.36.252)

According to the letter posted here at number 5, Alegria is 'annulling the time share agreement'. They say that they are offering to let people 'rent' a room for the price of their regular maintenance agreement for a while, but it appears to be in no way permanent that they will allow that.

The meeting with the time share association and Alegria and government officials is supposed to be tomorrow. We will see if anything happens.


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BarleyMan
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Re: Letter from the St Maarten Timeshare Association [Re: Carol_Hill]
      #1611779 - 10/28/14 12:42 AM (76.93.128.12)

In reading the agreement, it appears that Allegia didn't make any allowance for increasing the annual maintenance fee. However, they can terminate with 1 year notice. Given the position of the owners, seems be the best one could expect.

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