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PelicanPirate
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Re: COURT RULES AGAINST CARAVANSERAI TIMESHARE OWNERS
      11/28/14 02:39 PM

Robin,
I loaded this into the Gotham City Bat Computer Translator and got this result. Holy Timeshare Batman!.

COURT RULES DOES NOT HAVE TO HONOR ALEGRIA TIMESHARE CONTRACTS FROM Caravanserai

1. Ruling is specified. It's in English; we are trying to get it translated.

2. We do not know if the litigants will appeal.

3. No idea Whether Alegria will sacrifice any kind of olive branch, or what child or support the island or SMTA May sacrifice. We are trying to get statements on all of this.

4. If you are a timeshare owner Caravanserai, hang in and do not despair; We have a hunch this is not really over yet.

Here's the text:


COURT OF FIRST INSTANCE OF SAINT MARTIN


Case Number: KG 2014/144
Date: November 28, 2014


Verdict No .: JUDGMENT OF INTERIM MEASURES

In the case of:

TIMESHARE OWNERS ASSOCIATION AT Caravanserai,
located in Sint Maarten
-eiseres-,
Agent: mr. M. M. Hofman-Ruigrok

against

ALEGRIA REAL ESTATE BV,
located in Sint Maarten
-gedaagde-,
Agent: Mr. C. van Amersfoort..

Plaintiff is also referred to as 'the Association' and defendant as 'Alegria'.

1. The course of the lawsuit

The course of the lawsuit is evidenced by:

- On October 28, 2014 at the Registry original application submitted by the Foundation with exhibits;

Prior parties have brought additional exhibits in the proceedings of the case. Association also after the commencement of the lawsuit and prior to continuing on November 14, 2014 by letter of November 13, 2014 productions at stake.

Date judgment was rendered.

2. The dispute in summary proceedings

2.1 The Association court - in essence - that the General Court enforceable judgment declaring (i) Alegria recommends to the letter dated September 30, 2014 to withdraw immediately on pain of a penalty (ii) recommends to the members of Joy to allow the Association in their timeshare units and timeshare rights of members of the Association to honor condemns penalities and (iii) Alegria in the proceedings.

2.2 The Verenging submit to the claim underlying the timeshare contracts of the members of the Association are to be regarded as leases. The Court understands the Society's reasoning as that sold on behalf of the Bank of Nova Scotia (the "Bank") held foreclosure auction to Kildare Properties Ltd. owned leasehold rights to the Mr. Rafik R. Sidhom and subsequently delivered . Mr Rafik R. Sidhom has this leasehold then resold to Alegria. Alegria is bound by the lease so Alegria these leases, timeshare contracts, not as a result of the foreclosure auction cancel or destroy. Relying on the rental terms in the mortgage deeds will Alegria therefore not increase. Alegria also can not rely on the rental terms as the Bank has always known that the leasehold rights were leased to third parties and the Bank has always benefited from the rental income. The Association further calls on the provisions of Article 7: 226 of the Civil Code which states that proceed in the event of a transfer of immovable property, rights and obligations of the lease to the transferee of that property: Alegria according to the Association. Based on the foregoing Alegria must respect the timeshare agreements and Joy can not unilaterally terminate contracts or destroy.

2.3 Alegria contests the claim which motivated the Court below, where appropriate, will discuss.

3. The facts

a. The Association's members have called timeshare agreements with ENDLESS VACATION NV dba Caravanserai Beach Resort Beacon Hill (see the letter of November 13, 2014 by mr. MM Hofman-Ruigrok of submission).
b. The Bank has under its mortgage rights on the shortcomings of Kildare Properties Ltd. (Kildare) in the performance of the various money lending agreements auctioned the leasehold rights belonging to Kildare.
c. This leasehold rights according to the act of August 13, 2014 of the notary. FEE Tjon Ajong: "(...) The Appearer, acting on Behalf or Creditor, hereby declared labels to adjudicate Said immovable property to Mr. Rafik R. Sidhom, for the aforementioned amount of fourteen million dollars, United States currency (US $ 14,000,000.00) (...) "the same document also follows that the representative of Alegria during the auction the bid of US $ 14,000,000.00 for the benefit of his principal Mr. Rafik R. Sidhom (Sidhom).
d. By deed dated 27 October 2014, in the presence of the notary. Mingo Association founded. The aim of the Association is:
a to represent the interests of the timeshare owners and / or timeshare right holders or Caravanserai Beach Resort on St. Maarten in the WIDEST sense of the word, representation-including in and out of Court.;
b. to Attain thesis objectives, inter alia:
I. by starting and acquiescing in legal actions and entering into commitments,
II. by giving advice and assistance withother organisaties;
III. Initiatives and supporting all favorable to the members, this by all other lawful Means-which the Association Deems conductive objects to notes. (...) '
e. The letter of September 30, 2014 Alegria to "all persons Claiming timeshare rights at the Caravanserai Beach Resort 'is asked:
"(...) On August 13, 2014 the properties have been publicly auctioned by the Bank of Nova Scotia. The transfer of the Properties to Alegria Real Estate BV HAS BEEN completed on September 15, 2014. In article 8 of the special auction conditions, the Bank of Nova Scotia reiterated the prohibition or renting out the Properties without written permission notes and leaves it up to the buyer of the Properties (ie Alegria Real Estate BV) to invoke the annulment or any rental agreements Concerning the Properties.
"(...) If you have Entered into any type or timeshare agreement with Endless Vacation NV for a timeshare unit at the Caravanserai Beach Resort, pleasenote That Alegria Real Estate BV is not bound by Such agreement, and you are no longer Entitled to make use of the timeshare unit or any related timeshare exchange programs.
"(...) Although Alegria Real Estate BV notes or affiliates are not responsible for the loss of your timeshare right and related exchange programs due to the auction of the Properties, it does sympathize with the sudden loss of your timeshare right. As a courtesy to you, the new operator of the resort, Alegria Operations SA (affiliate or Alegria Real Estate BV) offers you a hotel room usage agreement That You will find enclosed. This agreement will allow you to enjoy the use of a hotel room and facilities at the resort against an annual fee to cover part of the operational costs of the resort. (...) '
f. By letter dated October 10, 2014, the representative of the Association is Alegria message:
"(...) Our clients received a letter from Alegria Real Estate BV, dated September 30th, 2014 and signed by you, announcing the annulment of Their timeshare agreement, and related-including timeshare exchange programs. We hereby inform you That the clients deem your letter and the asserted claims unacceptable. More Specifically, the claims or an immediate annulment of clients' timeshare agreements are unjust, and, May constitute a breach of contract.

As such-we urgently request and summon you That the abovementioned letter dated September 30th2014 is retracted Within two business days as of the date of this letter, that's, by Tuesday 14th October 2014. (...) '
g. Joy has not responded to this demand.

4. The assessment of interim measures

4.1 The Court considered and ruled for hands as follows.

4.2 The nature of the claim is the urgency decided.

4.3 Assuming that (i) the Association pursuant to Article 3: 305a BW ff can be received in the claim (ii) Alegria auction buyer but Sidhom and (iii) the timeshare contracts are to be regarded as leases, the claim may nevertheless not be assigned because the timeshare contracts of the members of the Association with Endless Vacation NV are closed. The provisions of article 7: 226 BW is therefore not applicable. After all, Endless Vacation NV has not transferred the leasehold rights or such rights are not auctioned at the expense of her. Furthermore, it is not stated or shown that Alegria these agreements with the cooperation of the members of the Association of Endless Vacation NV under Article 6: 159 BW (contract transfer) has taken over.

4.4 On this basis the claim can not be allocated now for hands must be assumed that Joy is not tied to the timeshare agreements with the members of the Association. Alegria also need to go to the preliminary finding of the Court do not respect these timeshare contracts.

4.5 The Court need - based on the above - not to respond to the question whether Alegria an appeal against the (members of) the Association is entitled to the rent clauses stipulated in the mortgage deeds. After all, the mortgagor, Kildare, on the grounds of the timeshare contracts are not the owner of the (members of) the Association, but that is the preliminary view of the Court Endless Vacation NV

4.6 As to the unsuccessful party set Association will bear the costs of Alegria convicted that can be budgeted to date Naf Naf 279.50 to 2229.50 whose service costs Naf Naf 450.00 to standing charges and 1500.00 to authorized salary.

4.7 The Court will explain the legal costs of the judgment enforceable.

5. The decision on interim measures

The Court:

5.1 rejects the claim;

5.2 Association condemns the costs falling on the side of Alegria that can be budgeted to date ANG 2229.50;

5.3 the legal costs declares enforceable

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Entire topic
Subject Posted by Posted on
* COURT RULES AGAINST CARAVANSERAI TIMESHARE OWNERS jmbcomms 11/28/14 11:28 AM
. * * Re: COURT RULES AGAINST CARAVANSERAI TIMESHARE OWNERS Concernedcitzen   11/30/14 05:38 PM
. * * Re: COURT RULES AGAINST CARAVANSERAI TIMESHARE OWNERS SXMWendell   11/30/14 10:47 PM
. * * Re: COURT RULES AGAINST CARAVANSERAI TIMESHARE OWNERS Carol_HillAdministrator   11/29/14 09:12 AM
. * * Re: COURT RULES AGAINST CARAVANSERAI TIMESHARE OWNERS PelicanPirate   11/28/14 02:39 PM
. * * Re: COURT RULES AGAINST CARAVANSERAI TIMESHARE OWNERS PelicanPirate   11/29/14 09:52 AM
. * * Re: COURT RULES AGAINST CARAVANSERAI TIMESHARE OWNERS Mpant   11/29/14 03:19 PM
. * * Re: COURT RULES AGAINST CARAVANSERAI TIMESHARE OWNERS Carol_HillAdministrator   11/29/14 07:35 PM
. * * Re: COURT RULES AGAINST CARAVANSERAI TIMESHARE OWNERS boucharda   12/01/14 08:57 AM
. * * Re: COURT RULES AGAINST CARAVANSERAI TIMESHARE OWNERS Carol_HillAdministrator   12/01/14 09:14 AM
. * * Re: COURT RULES AGAINST CARAVANSERAI TIMESHARE OWNERS boucharda   12/03/14 09:09 AM
. * * Re: COURT RULES AGAINST CARAVANSERAI TIMESHARE OWNERS mecs   12/02/14 10:01 AM
. * * Re: COURT RULES AGAINST CARAVANSERAI TIMESHARE OWNERS SXMScubaman   12/01/14 10:34 AM
. * * Re: COURT RULES AGAINST CARAVANSERAI TIMESHARE OWNERS Carol_HillAdministrator   11/28/14 11:42 AM
. * * Re: COURT RULES AGAINST CARAVANSERAI TIMESHARE OWNERS BarleyMan   11/28/14 12:56 PM

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