Hello there everyone,
As president of TOCA, I have been viewing the open conversations on both this social media site and the Facebook page set up by Jeff Berger (Timeshare Owners Association of SXM) and would like to clarify some information. TOCA was formed last October, after some of us received Alegria's letter, and on the advice of two legal firms (both Bermon Law & Lexwell) we advised any enquiries regarding joining our group NOT to sign Alegria's letter. Many folks followed this legal advice and made alternate accommodation arrangements which are now being claimed as damages in our legal battle. Those members who later advised us that they had indeed signed Alegria's letter were then categorized as "non active" members and paid no further installments towards legal fees. Our ongoing list of damages does include reimbursement of legal fees and if indeed the court continues to uphold this win (waiting to hear if Alegria will appeal) then ALL legal fees of both active and nonactive TOCA members may be reimbursed. On the advice of our attorneys, inclusion of timeshare owners into our association, that had signed Alegria's letter could have potentially complicated our legal case and we are fully sympathetic to the duress under which they had to make difficult decisions at the time. There is no problem with members who feel that they were forced to sign Alegria's letter under duress to retain legal counsel. It has been clear all along that only TOCA members (and those who are suing privately under their own individual circumstances) will be covered by the latest injunction verdict. It is unclear how this will impact the other ~2000 timeshare owners at the resort unless they band together on their own privately, form their own association and/or hope that the SXM government steps up and enforces the laws & regulations that are already on the books. We are currently asking our attorney if it is possible to accept new members to our group (those who have not signed Alegria's letter) and he will consult with his colleagues. For those of you who would like to contact me with more questions, please email us at
tocagroup@gmail.comBest regards,
Carol Anne Lee-Desmarais
(president of TOCA)
