Seems the shenanigans will never end.
http://www.todaysxm.com/alegria-resort-wants-to-evict-pool-bar-owner-marty/

It's hard to tell from the story - are they trying to kick him out of his residence? Or is it still the bar? It reads as if it might still be the dispute over the bar.

On another site Marty said it is his home.

He is leasing a room from Alegria as his residence.

What site?

Facebook page.

Another article in todays paper. http://www.todaysxm.com/alegria-real-estate-harassment/

Walked that area yesterday ,, looks like crap.

Even if Alegria looked like the Taj Mahal, I still wouldn't give a single penny to these sleazebags.

They turned off his water. ALEGRIA deserves to be evicted!

Not siding with either side but there are always two sides to a story and we will probably never know the true side.

I have no horse in this race but regarding your comment, Scubaman, my Dad always used to say, "There are two sides to every story and somewhere in the middle, you can usually find the truth IF you really want to look for it......"

I feel for all those who lost and may still stand to lose in this mess, Marty included, but I can't help but wonder if the current owner knew all the facts and details of what he was getting into BEFORE he bought. Just sayin.... <img src="http://www.traveltalkonline.com/forums/images/graemlins/handshake.gif" alt="" /> <img src="http://www.traveltalkonline.com/forums/images/graemlins/handshake.gif" alt="" />

If the new owner had any business sense he probably did his due diligence and pretty much knows what they can get away with or try to.
Not saying this is right for him to do this but stuff like this happens all the time in real estate transactions.

Pretty much what my great-grandfather used to say in a similar fashion.

None of us know all the details regarding this particular situation. It will be interesting to see how it eventually plays out.

Maybe not, but I'm pretty sure we could make a correct guess!

I think we are a ways past the "two sides to every story". Sure Ray was probably sold a bill of goods from the bank and possibly government officials but....reality is he is losing the suits he creates. Why, not because Marty can out fund the rich dude, it is because it seems that Marty has the law on his side. Ray is not winning other suits as well, not all peaches and creme for him right now.

I think it is great that Marty is putting up a fight, probably more effort than any of us would want to put up but good for him. Now there with out water, seriously, they turned off his water. While it is certainly not the US you can imagine in our legal system what would happen here with all of this if it was, based on what us as US Citizens consider fair and what we believe in.

I feel we are well past the point of Ray being fair, civil, or at all being a "good business person". Cut a check Ray, or get out of Marty's way.

Cheers,
Todd

"Get out of Marty's way??" None of us here knows very much at all about the SXM court system, but apparently, in SXM, the tenant is always right, even when they're not--as in, even if they owe rent for literally YEARS. Which I don't know if Marty owes any rent or not, but do NOT compare this case to a US case. Here in Florida, if it is alleged that the tenant owes any rent, they have to deposit the full amount alleged into the court within five days (or have a hearing to determine what the correct amount is), or they just LOSE. So, I would say that Marty is lucky that he isn't in Florida, or he would be evicted by now.

He will out spend Marty on lawsuits until he gets him out. It's the way it is. Marty probably will eventually have to move because he can no longer afford to fight frivolous law suits.
The whole island should boycott Alegria. Such unfair business practices.
He wants a 4 or 5 star complex that he alone controls and profits from.

"He wants a 4 or 5 star complex that he alone controls and profits from."
Isn't that what most people are in business for? To make a profit.

Yes, it's the goal, but I'm not sure Alegria took the easiest, fastest and most ethical approach to reach it. What we have today is 00s of disgruntled TS owners who swore to never spend a dime there. Let's also not forget a couple of lost lawsuits plus several more to come, which could prove to be costly and damaging for their already poor reputation, so profit is not going to happen anytime soon.
I hope the owners have deep pockets because the ride looks pretty bumpy to me.

Someone could tell us what the occupancy at the Resort looks like? I'm curious to know.

Can't speak for recent weeks, but in ealy May it was limited to less than 10 units and only 4 or 5 people at the pool.

We walked through yesterday and looked like 2 units at the most were occupied.

2 units at the most?!? Ouch! Scuba, you were talking about profit, no? <img src="http://www.traveltalkonline.com/forums/images/graemlins/Grin.gif" alt="" />

In the most recent hearing, Marty provided evidence and the court ruled that He was indeed current and paid in full in regards to his rent payments for the bar. According to his post, Marty said his rent is 50% of the bars profit plus $150 per month. Not sure how he will ever make a profit with the treatment he is receiving and lack of guests at Alegria. No water for the past week, no way to make ice or wash glasses. Shameful. And yes, I agree. Get out of Marty's way and let him operate his business without harassment. The man has a 5 year contract for the bar, and Ray seems to be trying every way possible to keep him from doing business. The outside guest who frequent Marty's are about the only guests entering the complex these days.

Are you sure the water was turned of to the Bar. I was under the impression per the article it was his residence rental.

It's the bar, he's posted photos and a short video on his facebook page.

I don't have a dog in this fight but when you basically operate on a "cash basis", how is "50% of the bars profit" determined?

The current eviction proceedings are for his residence.

(BTW....This is the second time Alegria has tried to evict him from his unit at the hotel. They first claimed that he did not have a lease, when the courts ruled that he did have a valid lease, Alegria now claims that he has a lease, but it is for an "indefinite period of time" and they can terminate said lease at their discretion.)

The water that has been shut off is just more harassment at the bar. (Ray has also tried to evict him from the bar twice)

Alegria and Ray are just flat out trying to bully Marty around.

Other than personal pride why doesn't Marty just leave and start up some place else. Doesn't sound like it's a profitable business anymore and surely not going to get any better soon.

According to a newpaper article posted by Marty. The resort defines net profit as "Turnover minus Purchased Goods". How they implement it, I have no idea. (if you would like the link to Marty's fb post I can PM it to you).

He is just determined to not back down or be beat by these Bozos. So yes, I guess I would chalk it up to personal pride. Another side note, he did exercise his right and sign a valid lease renewal that expires in 2021.

I am aware of what has been posted on facebook but that is not the issue.

When a business operates on a "cash basis" it would be very hard to account for all sales, purchases, expenses, etc. in a totally accurate manner.

Many smaller places on the island operate "cash only" and it would be very tough to make any accurate assessment of "profit".

I would like to see that too.

SXM??? Wendell

None of us know for sure what might have been signed, what any agreement might contain and going on what one side is stating publically is not solving anything. The people on here are NOT going to solve this regardless.

It is going to be up to the courts of SXM to decide. How about we wait this out, again, and see what happens.