Forums39
Topics38,828
Posts314,309
Members26,589
|
Most Online2,218 Jan 21st, 2020
|
|
41 registered members (SXMBND, Fran, Tonythepilot, Eva, cbf, GeorgeC1, Kevin_B, lcote, Ragtime, kaba, John, Sea_Skyman, Time Will Tell, ndfaninnc, louismcc, Instigator, KC2SXM, DanS, Uksimonusa, Ackman, cabokid, MKGrey, jbutah, Kmon, steve74, Jspoone, luvtotravel, tmsxmsails, Jaybird, KirkB, Leagle49, Sunnysideup, boucharda, 8 invisible),
596
guests, and 274
spiders. |
Key:
Admin,
Global Mod,
Mod
|
|
|
Re: Caravanseri owners win??
[Re: Carol_Hill]
#65500
08/22/2015 08:45 AM
08/22/2015 08:45 AM
|
Joined: Dec 2004
Posts: 5,094 Massachusetts
boucharda
Traveler
|
Traveler
Joined: Dec 2004
Posts: 5,094
Massachusetts
|
Interesting....and fantastic if THIS decision holds up
It will be a fiasco (again) though for present renters and TS owners BUT, again, fantastic
...PLUS $27k per owner???? Over $60 million...plus legal fees....plus losing the rentals... Alegria will walk away
Last edited by boucharda; 08/22/2015 08:57 AM.
|
|
|
Re: Caravanseri owners win??
[Re: SXMScubaman]
#65503
08/22/2015 11:04 AM
08/22/2015 11:04 AM
|
Joined: May 2002
Posts: 5,345
Kennys
Traveler
|
Traveler
Joined: May 2002
Posts: 5,345
|
SXMScubaman said: The way I read it it, the case was awarded to the seventeen owners. Nothing is said about the others so not sure where you are getting the 60 mil from. And if what you said is true and Alegria walks away, that resort will be in worse shape than it was before Alegria bought it. Would agree with your response.
|
|
|
Re: Caravanseri owners win??
[Re: SXMScubaman]
#65504
08/22/2015 11:28 AM
08/22/2015 11:28 AM
|
Joined: Dec 2004
Posts: 5,094 Massachusetts
boucharda
Traveler
|
Traveler
Joined: Dec 2004
Posts: 5,094
Massachusetts
|
Nothing is said about the others so not sure where you are getting the 60 mil from. ...and the $60 mill was the number of mentioned timeshare owners (2200) times the awarded amount. Probably incorrect interpretation of the ruling but I thought the math to explain was not needed...sorry
Last edited by boucharda; 08/22/2015 11:35 AM.
|
|
|
Re: Caravanseri owners win??
[Re: wilsonck]
#65507
08/22/2015 11:51 AM
08/22/2015 11:51 AM
|
Joined: Jan 2008
Posts: 13,147 Ottawa, Ontario, Canada
islandgem
Traveler
|
Traveler
Joined: Jan 2008
Posts: 13,147
Ottawa, Ontario, Canada
|
I see this as an ongoing problem for many years! I feel very sorry for Marty and all the TS people as this has been an upsetting event in their lives.
|
|
|
Re: Caravanseri owners win??
[Re: SXMScubaman]
#65508
08/22/2015 11:52 AM
08/22/2015 11:52 AM
|
Joined: Dec 2004
Posts: 5,094 Massachusetts
boucharda
Traveler
|
Traveler
Joined: Dec 2004
Posts: 5,094
Massachusetts
|
Ok...I get your interpretation..but...the article states the court ruled in favor of those 17 owners and the TOCA members. Out of the 2200 TS owners it states that only 62 are members of the organization represented in the suit TOCA was established in October 2014. Representing 62 of its members, who together claim to have lost $1.5 million in advance rent payments, TOCA called on the Court to grant its members access to their apartments. Does the ruling only apply to those 62?
Last edited by boucharda; 08/22/2015 11:52 AM.
|
|
|
Re: Caravanseri owners win??
[Re: mecs]
#65512
08/22/2015 09:30 PM
08/22/2015 09:30 PM
|
Joined: Mar 2004
Posts: 4,323 Vancouver, WA
Todd
Traveler
|
Traveler
Joined: Mar 2004
Posts: 4,323
Vancouver, WA
|
Good luck Mecs and all the others that are part of this, we all wish you the best. Well, almost all of us are rooting for you. But I certainly am.
Cheers, Todd
I prefer the Isle seat
|
|
|
Re: Caravanseri owners win??
[Re: GaKaye]
#65513
08/23/2015 07:50 AM
08/23/2015 07:50 AM
|
Joined: Mar 2002
Posts: 1,377 PA
mecs
Traveler
|
Traveler
Joined: Mar 2002
Posts: 1,377
PA
|
We have not been specifically informed of all the ramifications by our lawyers, but when we originally took this on we were told that decisions would apply only to those who joined the litigation because we put up the legal fees to fight this. But I really don't know. A lot of people never got notice of their timeshares being nullified. And notice that was given was through emails that looked like spam. The way this article and its headline is worded looks like all owners get their units back, but people may assume that and then find out it is only TOCA members. I would personally be thrilled on one level if it applies to everyone even though we put up legal fees because i did not fight the battle just for me I fought it to right an injustice. And Alegria would have to start dealing with owners right away instead of dealing only with the next TOCA member to show up. The damage to timeshare owners was hurting my friends on the island year round and if I could be part of restoring some faith in the island I was happy to do it. This decision at a minimum shows that we were heard and up to now many people had not felt that way and it was affecting their view of the whole island. But I also can see that some people might be upset if it applies to everyone when only a few of us were willing to foot the bill. We need to think about the costs and legal fees moving forward, and I think there would be a concern by Toca members that why should they foot the legal bill if they could sit back and reap the benefits while somebody else paid the lawyers.So it's a double edge sword here for the people who are brave enough to take on this risky challenge and willing to put their hard-earned money into the litigation.
When I find out the ramifications of this decision and who it applies to I will post. I wish the decision had come down a month ago! We were on the island during our timeshare weeks at caravanserai, but we were staying at Simpson bay beach resort due to not being allowed in Algeria. You can bet we would have been over at Algeria everyday asking to get into our unit of this decision had been in place. If they turned us down every day it would have paid for our vacation...or some really nice jewelry! Haha! But the decision was pending while we were there so we have a year to wait until we personally can see how this plays out and there may be appeals and the underlying merits case between now and then. So a lot can happen.
Last edited by mecs; 08/23/2015 07:58 AM.
|
|
|
Re: Caravanseri owners win??
[Re: SXMScubaman]
#65518
08/23/2015 10:49 AM
08/23/2015 10:49 AM
|
Joined: Aug 2000
Posts: 83,078 Central Florida!
Carol_Hill
OP
Traveler
|
OP
Traveler
Joined: Aug 2000
Posts: 83,078
Central Florida!
|
Personally, I wouldn't answer the question about how much money was put in by each person, as I don't really think that's your business..
Carol Hill
|
|
|
Re: Caravanseri owners win??
[Re: Carol_Hill]
#65523
08/25/2015 09:27 AM
08/25/2015 09:27 AM
|
Joined: Aug 2000
Posts: 83,078 Central Florida!
Carol_Hill
OP
Traveler
|
OP
Traveler
Joined: Aug 2000
Posts: 83,078
Central Florida!
|
According to a story in today's Daily Herald, it appears that the lawyer for TOCA believes that the current ruling applies only to the members taking part in the lawsuit. "Could set a precedent" is a whole different thing than "is legally binding upon"..
Carol Hill
|
|
|
Re: Caravanseri owners win??
[Re: GaKaye]
#65527
08/25/2015 12:40 PM
08/25/2015 12:40 PM
|
Joined: Jan 2008
Posts: 13,147 Ottawa, Ontario, Canada
islandgem
Traveler
|
Traveler
Joined: Jan 2008
Posts: 13,147
Ottawa, Ontario, Canada
|
That makes sense to me Georgia. Why should those who were not part of the lawsuit be rewarded for their lack of interest and unwilling attitude to put up the funds to fight Alegria?This was not a class action lawsuit.
|
|
|
Re: Caravanseri owners win??
[Re: islandgem]
#65528
08/25/2015 01:18 PM
08/25/2015 01:18 PM
|
Joined: Mar 2004
Posts: 4,323 Vancouver, WA
Todd
Traveler
|
Traveler
Joined: Mar 2004
Posts: 4,323
Vancouver, WA
|
Not sure why we are discussing who will get paid yet or who will regain ownership, still a long ways to go. I choose to root for those that are part of the suit against Alegria and leave it at that.
As for "unwilling attitude" I am not sure how I feel about the way that is stated. I decided that I no longer wanted to work to keep my ownership there, I had a solution that fit what we wanted and moved on. I am not concerned if the ruling will apply to me, or any of the future rulings. But I again state that I am very much rooting for the others that have skin in the game regardless of if they were part of the suit or not.
To those that took part and paid into the legal fee's, best of luck and I am hoping for the best, for you.
Cheers,
I prefer the Isle seat
|
|
|
Re: Caravanseri owners win??
[Re: panman]
#65531
08/25/2015 05:05 PM
08/25/2015 05:05 PM
|
Joined: Mar 2002
Posts: 1,377 PA
mecs
Traveler
|
Traveler
Joined: Mar 2002
Posts: 1,377
PA
|
Editing this because the president of TOCA has cleared the matter up below.
Last edited by mecs; 08/25/2015 06:28 PM.
|
|
|
Re: Caravanseri owners win??
[Re: mecs]
#65532
08/25/2015 05:26 PM
08/25/2015 05:26 PM
|
Joined: Aug 2015
Posts: 13
carol1953
Traveler
|
Traveler
Joined: Aug 2015
Posts: 13
|
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 advise 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. 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 strategy and we are fully sympathetic to the duress under which they had to make difficult decisions at the time. 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)
|
|
|
Re: Caravanseri owners win??
[Re: mecs]
#65533
08/25/2015 06:14 PM
08/25/2015 06:14 PM
|
Joined: Aug 2015
Posts: 13
carol1953
Traveler
|
Traveler
Joined: Aug 2015
Posts: 13
|
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)
|
|
|
|