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Atrium assessment.

Posted By: thewaterfront

Atrium assessment. - 10/25/2017 05:07 AM

just received notification that The Atrium Resort investments LTD in the U.S.is demanding a $750.asessment per unit. Demanding payment before Dec.1st.
If not received by then, you will incur a $50.penalty plus 18% interest.
Posted By: usasxmlover

Re: Atrium assessment. - 10/25/2017 12:17 PM

Without being insensitive, as "owners" we should have been informed as to the actual extent of damages and the economics of insurance on the property. I have asked for this and they keep blaming extreme situations and lack of ability to communicate with Island.

My question is..."if they are spending the money and projecting and opening date" why can't they explain the situation to the "owners". While I LOVE the Atrium...I smell a class action lawsuit.

I haven't received anything yet, so I am hoping that for some reason this is not true.
Posted By: ruralcarrier

Re: Atrium assessment. - 10/25/2017 12:27 PM

Quote
While I LOVE the Atrium...I smell a class action lawsuit.


Good luck with that.
Posted By: moontide

Re: Atrium assessment. - 10/25/2017 05:23 PM

Received my special assessment for 3 weeks ($2,250)in the mail today. Ouch! The accompanying letter of explanation was generally vague having few details relating directly to the resort's financial burden caused by Irma. It did reference the resorts anticipated 75% plus decrease in revenue for the next several months. As a small business hotel owner, it has always been a priority for me to purchase property insurance coverage which included a "loss of revenue" clause. Am I being too cynical thinking Festiva saw an opportunity and struck while the iron was hot? The special assessment fee seems exorbitant and would have made more sense accompanied by financials justifying the fee.
Posted By: usasxmlover

Re: Atrium assessment. - 10/25/2017 05:41 PM

$750 X 87 units X 52 weeks = $3,393,000

I was told by Festiva today that the property did have insurance. Perhaps with a high deductible, but from what we have heard...the resort did not suffer major damage. Once again...no official details of damages.

I was told the HOA determined the assessment. I have never heard about the HO or seen any documents/financials relating to the HOA. Festiva reps keep saying that they are only management agents...they don't set prices, etc. But they won't give details on who does.

This whole things smells like fraud to me. Some operating costs will be reduced with no or low occupancy. What happens if the revenue decrease is not as bad as projected?

I am awaiting a call from the director of the Atrium...who is employed by Festiva/Patton Mgmt.
Posted By: usasxmlover

Re: Atrium assessment. - 10/25/2017 06:06 PM

another question...75% reduction what revenue? Are they assuming that maintenance fee's won't be paid? Don't maintenance fees cover the cost of operating the resort?

My week was canceled by the resort for this year- actually had reserved this week frown - but my 2017 maintenance fee was paid as I assume all other weeks this year that have been canceled.

This means the was ZERO reduction in revenue. I guess they make some money by renting unsold weeks... We need some real firm numbers.

It's really a matter of principal here. They will chase you down to the end of the earth to get that AMF.
Posted By: usasxmlover

Re: Atrium assessment. - 10/25/2017 09:04 PM

there is a group on FB setup to discuss with owners... https://www.facebook.com/groups/639137756475621/
Posted By: Tom

Re: Atrium assessment. - 10/25/2017 09:32 PM

I have no involvement in this specific issue but I do remember past "special assessments" for hurricanes including Luis. No difference in my opinion to businesses in US that choose to under insure so they can maximize profits and then expect someone else to finance their bad decisions when the s!@# hits the fan. Many of us did that in SXM and I, for one won't do it again.
Posted By: jmbcomms

Re: Atrium assessment. - 10/28/2017 07:45 PM

I'm no lawyer but the target should be Festiva, a US company...
Posted By: jmbcomms

Re: Atrium assessment. - 10/28/2017 07:47 PM

Can anyone send me text or a pict of the letter? I'd like to pass it on to a number of people.
Posted By: truant2

Re: Atrium assessment. - 10/29/2017 01:26 AM

Festiva is notorious for interpreting their contracts to mean that although you have a right to use for so many years, in actuality you are obligated to pay maint fees for all those years and cannot walk away without them referring your case to their in house collection agency. Attorney Generals in numerous states have sued them for fraud. Be careful out there!
Posted By: dave

Re: Atrium assessment. - 10/30/2017 08:59 PM

For those Atrium owners who don't remember, they did this same thing when Festiva bought the property in 2010. They made a "special assessment" to the timeshare owner's, apparently because they didn't do their due diligence regarding finances before buying the property. The Atrium contract that I and everyone else signed specifically stated that there would NEVER be any special assessments for any reason. A large percentage of timeshare owners sued, and went to the Dutch version of court. After countless delays, the judge finally ruled that, even though the contracts we signed said no special assessments, he would allow it this one time. I told Festiva to stick it, and walked away. I'm glad I did.
Posted By: Tom

Re: Atrium assessment. - 10/30/2017 09:40 PM

Good for you. There have been and will be so many people being conned by some timeshare resorts. Unwilling to read your original agreement? Paying more than conventional rentals and believing baseless claims or threats made by unethical people?
Barnum was right. "One born every minute!"
Sad.
Posted By: SXMScubaman

Re: Atrium assessment. - 10/30/2017 10:56 PM

You might want to rethink your stance. Without time share owners buying into a timeshsre, time share resorts would not be there for you to rent and have a place to stay. I any an owner of 4 weeks at a time share in st maarten and don't regret it one minute. I might get a special assesment and I might not but if I do I'll pay it and look forward to many more years at my home away from home.
Posted By: GaKaye

Re: Atrium assessment. - 10/30/2017 11:55 PM

He said some, not all. I too am a happy owner, but I think the reputable timeshares are the exception and not the norm, at least on SXM.
Posted By: dave

Re: Atrium assessment. - 10/31/2017 12:30 AM

There are many fine places to stay on SXM that have no connection with timeshares, have never been a timeshare, and will never be timeshares. Your statement about timeshares providing places to stay is true, as far as it goes, but there are far more non-timeshare facilities that provide quality accommodations without the risk of foreign financial investment.
Posted By: SXMScubaman

Re: Atrium assessment. - 10/31/2017 12:35 AM

If you count the Timeshare Resort beds on St Maarten prior to Irma, they far out numbered available private rental properties and hotel beds.
Posted By: Carol_Hill

Re: Atrium assessment. - 10/31/2017 01:00 AM

Sorry, you assume that the only place to stay is at timeshares, which is not correct.
Posted By: SXMScubaman

Re: Atrium assessment. - 10/31/2017 01:26 AM

No I'm not stating that at all. Just more beds available in time share resorts in sxm.
Posted By: Carol_Hill

Re: Atrium assessment. - 10/31/2017 01:28 AM

...which are financed by those who pay those overpriced annual maintenance fees, versus what you can get if you just rent..
Posted By: Tom

Re: Atrium assessment. - 10/31/2017 01:29 AM

Maybe you need a rethink on this one, Scuba. Timeshares in SXM or anywhere for that matter are worthwhile as long as they have an advantage over conventional resort rentals. Their popularity went downhill after maintenance fees went too high. Need proof? Check the internet and see how many people are selling them for next to nothing or 0. I have High Season timeshares but I don't kid myself about their current value. I have enjoyed them for a very long time but will end them if I need to. I think we will see many do just that in the near future.
Posted By: SXMScubaman

Re: Atrium assessment. - 10/31/2017 01:32 AM

Some are high some are not. Without those time share resort beds made available the law of supply and demand will kick in on the private villa and hotel rates.
Posted By: SXMScubaman

Re: Atrium assessment. - 10/31/2017 01:38 AM

Good statement but as more people walk away just means more beds available to rent. Just showing timeshares have their place on sxm.
Posted By: Tom

Re: Atrium assessment. - 10/31/2017 01:54 AM

As often seen on this board, we can agree to disagree on this topic. I think timeshare anywhere, especially after an Irma will continue to lose popularity. Time will tell.
Posted By: sailbynight

Re: Atrium assessment. - 10/31/2017 02:02 AM

Quote
Carol_Hill said:
...which are financed by those who pay those overpriced annual maintenance fees, versus what you can get if you just rent..

Not sure how anyone still gets caught up in that "ownership" in St. Maarten. My friend used to sell TS (until Irma) and we don't see eye to eye on the topic.
Posted By: Carol_Hill

Re: Atrium assessment. - 10/31/2017 12:07 PM

The beds aren't going to go away. With more t/s 'owners' walking away, there will be MORE beds available for others to rent. ...once they are all repaired after the hurricane, that is.
Posted By: ruralcarrier

Re: Atrium assessment. - 10/31/2017 12:50 PM

I have heard at least two (and I think three) different radio ads for companies to help timeshare owners get out of their timeshare "legally". I wonder if it is coincidental these ads are appearing with the recent hurricanes in the Caribbean?
Posted By: RICKnGRACE_LI_NY

Re: Atrium assessment. - 10/31/2017 01:46 PM

Timeshares have always been a matter of opinion. For some it works, for others their answer is no way. It worked for us initially. Grace and I were always making excuses and not taking a vacation. Once we had a timeshare those excuses seemed silly. It worked until Pelican got out of hand.

Since then we have bought another timeshare in Cabo San Lucas for a stupidly low price. The AM is not crazy. We have never been there and have used it to trade into SXM the last 4 years. So again, timeshare is working for us.

As always, this is JMHO
Posted By: SandS

Re: Atrium assessment. - 10/31/2017 02:04 PM

We always get phone calls & mail offers. As far as timeshares, I don't think I could rent a two bed, two bath sleeps six on the beach in Feb. for less than $1500.00. That is what I own at SBR.
Posted By: ruralcarrier

Re: Atrium assessment. - 10/31/2017 02:14 PM

Quote
As far as timeshares, I don't think I could rent a two bed, two bath sleeps six on the beach in Feb. for less than $1500.00


I think you would be surprised. We have done it many times.
Posted By: Tom

Re: Atrium assessment. - 10/31/2017 02:47 PM

I agree. We have same (2 br, 2 bath, sleep 6) right on the beach for $1,175/wk @ Belair. BUT, we have seen comparable offers via rental that enable you to go when you want (avoid the mob scene on Sat/Sun to go through Customs and Immigration). We, too have enjoyed our ts but that is subject to change dependent upon assessment and maintenance charges.
If we were to discontinue our ts, we may well go with rental @ Belair. It just opens other options.
Posted By: wabid

Re: Atrium assessment. - 10/31/2017 03:00 PM

We own one week at SBR and it works out great. Now would I advise anyone to purchase a timeshare? No. My wife purchased two weeks over 15 years ago, while we were engaged. I was not her husband and could not put my foot down...still can't ( I digress), but when she explained on how little she spent I was OK with it.

SBR (Pelican at the Time) sold us two weeks in September. They were in dire straights at the time and, to us, there was very little risk. We endured the drama of the Pelican Management fights and the foreclosure. We also thought of walking away because September just did not work out for us and the only way to get another week was to invest in...another week. Too costly because they realized with improvements they were charging more for the units. Skip ahead several years. They have now switched to points, we traded our two weeks, single bedroom, low season unit for a single week, two bedroom, high season unit. To us it works out great. Because we pay lower maintenance and a single week high season can translate to two weeks in the lower seasons and we can accrue up to two years. Is it the most economical deal? Maybe not. Is our TS an investment? Certainly not. But we crunched the numbers (the reps hate when you steal their calculator and star doing "math" in front of them) and year to year it works out decent. We love it because SBR is VASTLY improved, a known quantity, and to show up unpack for two weeks and head to the beach that's all we need. So to each his own....
Posted By: SXMScubaman

Re: Atrium assessment. - 10/31/2017 03:07 PM

Quote
Carol_Hill said:
The beds aren't going to go away. With more t/s 'owners' walking away, there will be MORE beds available for others to rent. ...once they are all repaired after the hurricane, that is.

Did you miss something in my post? That is what I posted earlier. Without timeshares those beds would not exist.
Posted By: Carol_Hill

Re: Atrium assessment. - 10/31/2017 03:43 PM

No, you miss MY point. The timeshares are already there. Regardless, this is not an argument that either one of us will convince the other on.
Posted By: usasxmlover

Re: Atrium assessment. - 10/31/2017 04:05 PM

Regardless of if you think a timeshare is a good investment, or if you like yours that you own...they should be managed without fraud and live up to their contractural obligations.

The issue with The Atrium is they are assessing $3 million dollars or $1.2 from the timeshare owners- without showing any sort of budget or plan for this money.
Posted By: SXMScubaman

Re: Atrium assessment. - 10/31/2017 04:43 PM

I saw the Atrium letter. Not to transparent. At least they put something out. Diamond is yet to send any update or notifications out to us fixed week owners.
Posted By: IslandBoi

Re: Atrium assessment. - 10/31/2017 05:09 PM

i think Scubaman is looking for gratitude

thank you Scubaman for buying into a timeshare, if it weren't for you philanthropists, we renters wouldn't have as many economical room choices without the unforeseen financial obligations <img src="http://www.traveltalkonline.com/forums/images/graemlins/thanks.gif" alt="" />

p.s. and i'm sure the timeshare industry thanks you also!!! <img src="http://www.traveltalkonline.com/forums/images/graemlins/Thumbsup.gif" alt="" />
Posted By: SXMScubaman

Re: Atrium assessment. - 10/31/2017 07:31 PM

Quote
IslandBoi said:
i think Scubaman is looking for gratitude

thank you Scubaman for buying into a timeshare, if it weren't for you philanthropists, we renters wouldn't have as many economical room choices without the unforeseen financial obligations <img src="http://www.traveltalkonline.com/forums/images/graemlins/thanks.gif" alt="" />

p.s. and i'm sure the timeshare industry thanks you also!!! <img src="http://www.traveltalkonline.com/forums/images/graemlins/Thumbsup.gif" alt="" />

Not looking for gratitude. Just stating the facts of what timeshares have done for the tourist industry in St Maarten. Have a nice day.
Posted By: ruralcarrier

Re: Atrium assessment. - 10/31/2017 07:35 PM

Calm down now people.
Posted By: WWII

Re: Atrium assessment. - 10/31/2017 08:44 PM

Quote
SXMScubaman said:
I saw the Atrium letter. Not to transparent. At least they put something out. Diamond is yet to send any update or notifications out to us fixed week owners.


I've been called by Diamond and they followed up with an e-mail.
Posted By: Todd

Re: Atrium assessment. - 10/31/2017 09:11 PM

Not directed at you Tom, but you touched on this info.
SXM AMF's based on a 1 bedroom unit per info I have received in early 2017: Sapphire $850.00, Towers $1025, Royal Islander La Plage $793.00, Simpson Bay Resort $1100, Flamingo $1450, La Vista $822, Divi $943.00, Sea Palace $700, Oyster Bay BR, $1113.00, Les Cottages $600. Atrium at $785.82. Factor in how often you pay a SA and how much that is and you can better compare cost, lots of other factors to consider.

I am and have been a bargain shopper for what I have purchased on SXM. Mostly off of ebay, only one I purchased direct and that was from La Vista and that was just so I could have two weeks in a row in the same 1 bedroom 2 bath unit. Not sorry about any purchase I have made, no regrets. With that said I do not ever suggest somebody purchase or not purchase, it is an individual decision. I only suggest that the person really research the ownership, AMF's and their history including items like Special Assessments. Then you are eyes wide open. Also, never finance and with that don't give them your SS# when you purchase.

I would also note that the quantity of places for sale on SXM has seemed to go down over the last year plus. Guessing that is a result of a better economy in the US.

Cheers with a West Coast "train of thought", I have been recently been told that is different. <img src="http://www.traveltalkonline.com/forums/images/graemlins/jester.gif" alt="" />
T
Posted By: dave

Re: Atrium assessment. - 10/31/2017 09:57 PM

Rick and Grace: that is exactly the same reason I bought a timeshare at the Atrium in 1996 - it forced me to take a vacation or lose the AMF money. It worked for several years, and I met some wonderful people and made some wonderful memories. After Festiva bought the property, things changed, and I realized that I could meet wonderful people and make wonderful memories in a lot of places - Mexico, Scotland, Belize, Costa Rica... but the purchase of the timeshare was a major step in helping me to realize what was important in life. I'm still glad I walked away from it, but I'm not sorry I had the experience.
Posted By: SXMScubaman

Re: Atrium assessment. - 10/31/2017 10:06 PM

Quote
WWII said:
Quote
SXMScubaman said:
I saw the Atrium letter. Not to transparent. At least they put something out. Diamond is yet to send any update or notifications out to us fixed week owners.


I've been called by Diamond and they followed up with an e-mail.

I asume that was because you had a reservation for a stay prior to the end of April. My fixed weeks are for May and supposedly via the grapevine they are to be ready by then.
Posted By: Tom

Re: Atrium assessment. - 11/01/2017 12:19 AM

Todd,
Thanks for the additional information. My hope is that everyone makes informed decisions based upon accurate information. Many are concerned that they are being asked to pay assessments or maintenance charges that are not clearly understood or defined. Others are considering ending their timeshares and are being misled with misinformation about their credit ratings being effected. We can all benefit with facts that dispel rumors and half truths.
Posted By: WWII

Re: Atrium assessment. - 11/01/2017 05:39 AM

Quote
SXMScubaman said:
Quote
WWII said:
Quote
SXMScubaman said:
I saw the Atrium letter. Not to transparent. At least they put something out. Diamond is yet to send any update or notifications out to us fixed week owners.


I've been called by Diamond and they followed up with an e-mail.

I asume that was because you had a reservation for a stay prior to the end of April. My fixed weeks are for May and supposedly via the grapevine they are to be ready by then.


True.
Posted By: moontide

Re: Atrium assessment. - 11/02/2017 06:09 PM

Just rec'd an email from Patton Hospitality. Subject line "Important Information about Deeded Weeks". Being the optimist I am, I thought we finally had options and info regarding my time share weeks in 2018. Wrong...a reminder that maintenance fee invoices would be coming out in a few weeks and due by Jan 01, 2018. Had the nerve to say "we are here for you" I have absolutely no issues with the Atrium itself nor its employees. However, when the only contact one receives from corporate is emails regarding special assessments and maintenance fees with no updates regarding people's cancelled or future weeks, it is like adding insult to injury.
Posted By: dmsog

Re: Atrium assessment. - 11/16/2017 10:54 AM

Quote
dave said:
For those Atrium owners who don't remember, they did this same thing when Festiva bought the property in 2010. They made a "special assessment" to the timeshare owner's, apparently because they didn't do their due diligence regarding finances before buying the property. The Atrium contract that I and everyone else signed specifically stated that there would NEVER be any special assessments for any reason. A large percentage of timeshare owners sued, and went to the Dutch version of court. After countless delays, the judge finally ruled that, even though the contracts we signed said no special assessments, he would allow it this one time. I told Festiva to stick it, and walked away. I'm glad I did.


That's exactly what I did also.
Posted By: sailbynight

Re: Atrium assessment. - 11/17/2017 02:32 AM

How are these companies allowed to sell these contracts and tell people they are owners?
Posted By: SXMScubaman

Re: Atrium assessment. - 11/17/2017 03:16 AM

I was always told I owned the right of use. Not the resort. Was made very clear to me during presentation. Some people only hear what they want to hear and don't read the contract.
Posted By: Philo

Re: Atrium assessment. - 11/17/2017 05:37 PM

Read your contracts the timeshares there can not sue you legally in USA they must go to SXM courts . Any threats of USA credit ruinning is false an illegal without a St Maarten court order.
Posted By: Carol_Hill

Re: Atrium assessment. - 11/17/2017 05:46 PM

Yet from what I read here, the same contract says they can't ever charge a special assessment?? The only protection that timeshare owners have is the integrity of the developer or current owner. I would expect no protection from the SXM government or the court system. People like Andrea at LaVista treat their timeshare owners fairly and with respect. Many of the others rip them off, any chance they get.
Posted By: truant2

Re: Atrium assessment. - 11/17/2017 06:06 PM

https://www.tn.gov/attorneygeneral/news/38312
http://www.courts.maine.gov/opinions_ord...o%20Dismiss.pdf
http://www.fox8live.com/story/22799...re-upgrades-class-action-lawsuit-b-l.php
http://wlos.com/news/local/festiva-travel-club-ordered-to-refund-customers
http://bangordailynews.com/2016/02/29/bu...ent-with-state/
These are a few of the cases brought against Zealandia/Festiva over the last few years. Zealandia is the holding company that owns Festiva, and has their own in house aggressive collection agency. Be careful out there, for they can be cutthroat.
Posted By: usasxmlover

Re: Atrium assessment. - 11/17/2017 09:52 PM

actually...NA court for Atrium. I think NA is no longer in existence. https://www.state.gov/r/pa/ei/bgn/22528.htm
Posted By: jeff b

Re: Atrium assessment. - 12/28/2017 05:37 PM

On this: "Read your contracts the timeshares there can not sue you legally in USA they must go to SXM courts . Any threats of USA credit ruinning is false an illegal without a St Maarten court order."

Any actual experience folks have in Atrium not being able to hurt your credit if you "walk away".
Posted By: Tom

Re: Atrium assessment. - 12/28/2017 08:43 PM

I am surprised at how few people take the time to read their original agreement. Mine makes no mention of Exit Fees, Penalties, damage to credit rating and even states that there will be no additional cost for transfer, yet many are paying transfer fees even if they are walking away from their timeshare and it is going back to the resort. It does state that if I stop paying maintenance fee, I will no longer have timeshare. That is the goal of a termination.
Posted By: SXMSAMMY

Re: Atrium assessment. - 12/28/2017 09:22 PM

Not replying to any one specific on this thread, but if you are an Atrium owner and have not already gotten involved with our litigation case, you still have time to join. Go to this FB site and answer the questions, and then you will be asked for an email address in which we need info for the lawyers. Here is the FB site: https://www.facebook.com/groups/639137756475621/
Posted By: San

Re: Atrium assessment. - 12/29/2017 02:34 AM

Carol, you are absolutely on-target: "The only protection that timeshare owners have is the integrity of the developer or current owner. I would expect no protection from the SXM government or the court system." For example, look at what happened to the timeshare owners at the Caravanserai. It went up for auction and was purchased by a US citizen who said he was turning the timeshare building into a hotel, and then obnoxiously kissed the timeshare owners goodbye. The end? Hah!!! To all Atrium owners: the government will not help you; there is no agency to help you; you are in this alone. There is no class action on the island. Get yourselves a good lawyer.
Posted By: PelicanPirate

Re: Atrium assessment. - 12/30/2017 04:20 PM

As for the scubaman timeshare debate and gratitude, all need the show gratitude to the cruisers. Cruisers provide fresh fish for the island who will eventually come by air and possibly buy a timeshare.

Repeatedly on cruises we have asked shipmates what they did on SXM and some have been lured to spending the day at a timeshare presentation.

Have heard similar discussion at airport when leaving including a guy in Jan 2011 who couldn’t get over his new good deal at caravanserai.

Timeshares began as a way to stabilize resort hotels from ups and downs in occupancy.

They did this to the Maui Marriott after our many stays. During our last stay, they pitched us a low level garden view, fixed week, for double what we’d paid for ocean view. We have been back to Maui but not to the Marriott since.

Scuba is right, many of those places would be closed if not for timeshares.
Posted By: Allenk

Re: Atrium assessment. - 07/17/2018 12:51 AM

I have decided to walk away. they are starting to turn up the paperwork. there has to be a way out, it cant be a life sentence.
Posted By: Allenk

Re: Atrium assessment. - 07/17/2018 12:57 AM

is there a site other than fb
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