Timesharing Legislation: Lipstick on a Goat?

I just sent this to the editors of both Dutch Side papers:

For the last four months, I have been silently watching the island government be assaulted in letters to the editor in Dutch Side newspapers both regarding the Caravanserai debacle and government's failure to enact timeshare owner consumer protection legislation.

It seemed reasonable to me to give the new government a reasonable opportunity to act forcefully and courageously on both of these critical issues, but now -- as the debate degenerates into a discussion of whether the law should be in English or Dutch -- it has become apparent to many that the island government does not "get it" and I have no choice but to speak out about this.

What follows are several brief, clear points that all apply here.

First: by definition, Timeshare Owner Consumer Protection legislation should be designed to protect timeshare owners from abusive practices carried out by timeshare developers. Therefore, timeshare developers should never be allowed to participate in drafting such legislation. (You would never allow a fox to design a hen house, and by the same token you CANNOT allow developers to draft CONSUMER PROTECTION legislation. It doesn't work.)

Second: Although it has a well-deserved reputation as a noble institution which tries to watch out for timeshare owners, nonetheless the St. Maarten Timeshare Association is an association of resorts, not of timeshare owners. It, also, should have zero involvement in crafting Timeshare Owner Consumer Protection legislation.

Third: My understanding of the current proposed legislation is that it was designed by the SMTA and timeshare developers. Timeshare owners with knowledge of consumer protection have told SXM Weekly News that they were were systematically ignored as the drafting was underway. If you pass legislation that was designed by "foxes" you will by implication say to all timeshare owners that you are on the side of developers / the timeshare industry and are not on the side of powerful, meaningful Timeshare Owner Consumer Protection legislation. That would be the final nail in the coffin of SXM timesharing and by extension stay-over tourism in SXM. It would be counterproductive which is exactly the opposite of what the island needs.

Fourth: To work, Timeshare Owner Consumer Protection Legislation creation MUST involve seasoned condominium-familiar intelligent timeshare owners who know what is needed and can help you create and deliver it. The rush to enact legislation is wrong; bad legislation will harm the island. Nobody should support proposed legislation that is so badly flawed and unresponsive to the real needs of timeshare owners. The history of Caravanserai, Diamond Resorts, Atrium, Sapphire and some others is littered with rubble. Some resorts are run with a strong consumer orientation, but the bad news is that some others ride roughshod over their timeshare owners and over their own contracts, hurting the reputation of all timeshares on SXM and of the island itself. Unless legislation stops this insanity and slams the door on the ability of timeshare resorts to abuse timeshare owners, it is a pointless, counterproductive waste of time which will undermine the financial stability of Dutch St. Maarten. Real legislation will save the industry and enhance tourism. Current proposals are not "real" legislation.

Fifth: From what I can tell, no one outside government has seen any indication that the new government is doing anything yet to help Caravanserai timeshare owners. Perhaps something is happening behind the scenes. Some 2300 have been victimized in your country and they have told us unambiguously that they believe the government does not care. They have lost millions of their hard earned dollars but the government hasn't, to anyone's clear knowledge, made any effort to bring the parties together in a meaningful, powerful move to solve this "debacle". The vast majority of timeshare owners I've heard from blame the "debacle" on the government. Even worse, they tell me they feel business owners have been complicit since -- as far as timeshare owners know -- business owners have not gone to the government in a public demonstration / outcry to fix this. Worst of all for the island, most Caravanserai timeshare owners apparently have no intention of returning here, ever, and are "spreading the word" about SXM. And their "word" is not good for the island's future.

I love SXM. We've been visiting here since 1978 and we'll continue to do so, despite the fact that we still own four weeks of timesharing here that we can't seem to sell. But SXM is at a crossroads. It needs to enact REAL Timeshare Owner Consumer Protection, not a toothless and pointless excuse for it; and it needs to get to work and make Caravanserai timeshare owners WHOLE, not just shake its shoulders about what happened.

This last point should be totally obvious.... Since tens of thousands of Americans and Canadians own timeshares in SXM, the legislation *MUST* be in English -- or at least an exact English translation of the legislation *MUST* be made publicly accessible in lockstep with proposed Dutch legislation so everyone knows what government is contemplating.

Put lipstick on a goat and it's still a goat. Let's do something that's real and works for the good of the island, its businesses, its tourism product, and that -- most of all -- makes SXM timeshare owners proud of what they own and where they own it. They can be the best possible advertising for the island -- or its worst detractors. We all need to be sure they're the former.

Jeff Berger, Editor
SXM Weekly News

Well said ..but it is too late ...those in power do not listen and it looks like St Maarten tourism and this country will be the ultimate losers ....

Hopefully you're wrong... but that's not likely...

We owned at Pelican - bought in 1986 - walked away from in 1992 after buying at PDP - walking away from that one too. We're staying at Maho this year because we got a great deal, but I think a lot of TS owners went to SXM because they had timeshare there and it was convenient to go back to the same place year after year. Don't get me wrong - we love SXM, but this will give us an incentive to try other islands and locations. I think a lot of people feel like me and will probably take their money and walk. We'll still go to the island, but probably not every year since 1985, like we've been doing. I'd be curious to know how many TS owners would go to other locations every year if they didn't own in SXM.

Rory,

We discovered St. Maarten in 1973 and while we went back every year until our timeshare purchase in '86, we did so because we'd found what we then thought of as paradise. As I recall, timeshare really only started to develop a life of it's on on St. Maarten in 1982 or 83.

We visited other destinations along the way but nothing quite measured up to all the things we found most desirable about SXM back then.

We fell into what we thought was 'such a deal' on a MBR&C villa and went down in '86 with full intentions of purchasing it, this particular trip intended to finalize our decision, but instead we ended up buying pre-construction, our first week of timeshare at the Towers, at that time a small part of MBR&C.

We've used it every year but one since then and while we do periodically wander off the timeshare path, and book totally non-related vacations, we look forward to our SXM time every year and I can't imagine NOT going there.

I'm totally frustrated with the island governments, all of them over the years that have had the opportunity to enact legislation to protect the timeshare owners, but the truth, (as I see it, anyway....) is they really don't give a darn about the timeshare people. They know if we don't come, we'll probably bank our weeks or points and someone else will jump at the opportunity to fill our space so the revenue will still be there.

Lets be honest - how many people have actually paid their AMFs and not visited, or not banked them disallowing someone else the opportunity to use their weeks - and actually forced their units to stand empty, ergo creating enmasse no island revenue? I know I haven't done it and I've never heard of any movement to intentionally do this, and we've been around through all the trials and tribulations of the early Pelican owners, who probably took the worse hit of anyone up to the latest Caravanserai fiasco.

That kind of action is probably the only way the SXM governments will ever take real action on behalf of timeshare purchasers on the island, or at least, that's the way I see it. They've had their opportunities year after year and situation after situation and yet, government after government has done NOTHING on our behalf. And please note, I really do say this as a happy Towers timeshare owner who still loves my weeks, year after year after year, but as one who feels great sympathy for all those who have lost in this on-going fiasco up to and including those at Caravanserai and Saphire.

So, Yup, IMHO, it's still a goat even if you give it both lipstick and nail polish! <img src="http://www.traveltalkonline.com/forums/images/graemlins/handshake.gif" alt="" /> <img src="http://www.traveltalkonline.com/forums/images/graemlins/handshake.gif" alt="" />

We went almost everywhere else before settling in SXM. It isn't perfect, but the food...the people....the beaches beat everything else we tried, and that includes Hawaii, Tahiti, and Moorea.

"Lets be honest - how many people have actually paid their AMFs and not visited, or not banked them disallowing someone else the opportunity to use their weeks - and actually forced their units to stand empty, ergo creating enmasse no island revenue? I know I haven't done it and I've never heard of any movement to intentionally do this"

Pat. We have done this in the past. If we didn't rent out or use one of our Flamingo weeks we refused to give it to RCI to make money off us. I would give it to a friend, resort employee or let it sit vacant instead.

excellent letter, my thoughts exactly. as a victim of the practices of one of these operators, I believe that it behooves the Island Government to enact this legislation and that timeshare owners should have a seat at the table.