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TOCA Victory #106083
08/24/2016 07:47 AM
08/24/2016 07:47 AM
Joined: Jul 2006
Posts: 13,417
Peaceful Eastern North Carolin...
GaKaye Offline OP
Traveler
GaKaye  Offline OP
Traveler
Joined: Jul 2006
Posts: 13,417
Peaceful Eastern North Carolin...

SXM Sponsors
Re: TOCA Victory [Re: GaKaye] #106084
08/24/2016 08:12 AM
08/24/2016 08:12 AM
Joined: May 2002
Posts: 2,547
Spain and SXM
Sungoddess Offline
Traveler
Sungoddess  Offline
Traveler
Joined: May 2002
Posts: 2,547
Spain and SXM
I wonder what will happen now...interesting

Re: TOCA Victory [Re: Sungoddess] #106085
08/24/2016 08:28 AM
08/24/2016 08:28 AM
Joined: Feb 2007
Posts: 4,389
Rhode Island
RonDon Offline
Traveler
RonDon  Offline
Traveler
Joined: Feb 2007
Posts: 4,389
Rhode Island
WOW! There IS a TS God!

Re: TOCA Victory [Re: GaKaye] #106086
08/24/2016 09:26 AM
08/24/2016 09:26 AM
Joined: Aug 2000
Posts: 82,741
Central Florida!
Carol_Hill Offline
Traveler
Carol_Hill  Offline
Traveler
Joined: Aug 2000
Posts: 82,741
Central Florida!
The Daily Herald has a story with additional information, but I cannot find it online anywhere. It basically says that the resort has to allow TOCA members access to their units within 10 days if they have paid their AMF. Which I guess would mean that they would pay them now, as I presume Alegria wouldn't accept them before? Who knows? The story only addresses TOCA members, so I guess they are the only ones who benefit? Hopefully the story will appear online soon.


Carol Hill
Re: TOCA Victory [Re: Carol_Hill] #106087
08/24/2016 11:20 AM
08/24/2016 11:20 AM
Joined: May 2002
Posts: 5,294
Kennys Offline
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Kennys  Offline
Traveler
Joined: May 2002
Posts: 5,294
I very glad that this has happened.

Re: TOCA Victory [Re: GaKaye] #106088
08/24/2016 07:43 PM
08/24/2016 07:43 PM
Joined: Aug 2012
Posts: 2,288
P
PelicanPirate Offline
Traveler
PelicanPirate  Offline
Traveler
P
Joined: Aug 2012
Posts: 2,288
Good for them. We remember in December 2011 we visited the bar there and remarked that the place seemed odd in someway. The lack of a beach and just a strange quietness. The sunset views are beautiful, but we need sand.

At the airport leaving, we were talking to a couple who had just bought there on their first trip saying it was such a good deal they couldn't pass up. He mentioned a 5 figure number I think that was a big "discount". We jjust nodded and didn't want to throw a wet blanket on their purchase and then as it turned out it all went further south. Always wondered how they made out with that spontaneous purchase, hopefully this helps.

Re: TOCA Victory [Re: PelicanPirate] #106089
08/24/2016 10:42 PM
08/24/2016 10:42 PM
Joined: Jul 2013
Posts: 837
Florida
W
wilsonck Offline
Traveler
wilsonck  Offline
Traveler
W
Joined: Jul 2013
Posts: 837
Florida
I'm glad TOCA won their case, but you know Sidholm is going to appeal.

Re: TOCA Victory [Re: wilsonck] #106090
08/25/2016 10:46 AM
08/25/2016 10:46 AM
Joined: Sep 2010
Posts: 913
N CENT COMMONWEALTH OF MA
SXMSAMMY Offline
Traveler
SXMSAMMY  Offline
Traveler
Joined: Sep 2010
Posts: 913
N CENT COMMONWEALTH OF MA
Wasn't this the appeal?



Re: TOCA Victory [Re: GaKaye] #106091
08/25/2016 11:27 AM
08/25/2016 11:27 AM
Joined: Aug 2000
Posts: 82,741
Central Florida!
Carol_Hill Offline
Traveler
Carol_Hill  Offline
Traveler
Joined: Aug 2000
Posts: 82,741
Central Florida!
Finally found the story online, from another source Alegria story This isn't exactly the same story that was in the DH, as the DH story talked about the timeshare legislation which has been bumping around Parliament for forever.

I'm probably reading it wrong, but it seems that the basis of the ruling was that the t/s contracts were held to be 'rental agreements', and that it seems like rental agreements are better protected under SXM law than purchases??


Carol Hill
Re: TOCA Victory [Re: SXMSAMMY] #106092
08/25/2016 12:08 PM
08/25/2016 12:08 PM
Joined: Jul 2003
Posts: 2,000
North Kingstown, Rhode Island
RI Bob C Offline
Traveler
RI Bob C  Offline
Traveler
Joined: Jul 2003
Posts: 2,000
North Kingstown, Rhode Island
The original proceeding was a failed attempt to get an immediate injunction to stop Alegria from kicking owners out. This was a suit for damages by a group of owners.

Re: TOCA Victory [Re: RI Bob C] #106093
08/25/2016 12:19 PM
08/25/2016 12:19 PM
Joined: Dec 2004
Posts: 5,086
Massachusetts
boucharda Offline
Traveler
boucharda  Offline
Traveler
Joined: Dec 2004
Posts: 5,086
Massachusetts
Three questions:

Can the recent decision also be appealed with an imposed stay of the most recent decision?

Can Alegria initiate an onerous special assessment for "improvements" AND significantly raise the AMF to discourage keeping the units in question?

Does the decision apply to all previous "owners" or just the 17 or so involved in the suit?

Re: TOCA Victory [Re: boucharda] #106094
08/25/2016 04:29 PM
08/25/2016 04:29 PM
Joined: Jul 2003
Posts: 2,000
North Kingstown, Rhode Island
RI Bob C Offline
Traveler
RI Bob C  Offline
Traveler
Joined: Jul 2003
Posts: 2,000
North Kingstown, Rhode Island
Your questions are legal in nature and involve Dutch law so all I can offer is my opinion:

I'm sure this decision will be appealed.
I'm sure Alegria can raise the maintenance fee.
The article stated that this decision only applied to those mentioned in the TOCA suit.

From what I have read, previous owners can file suit, expecting similar results.


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