Letter from the St Maarten Timeshare Association

I have received this letter from the St. Maarten Timeshare Association and have been asked for make it available to everyone here:

Caravanserai/Alegria
Many of St. Maarten’s timeshare owners either are affected directly or indirectly by the letter sent by the new owning company of what was known as the Caravanserai , which letter stated that their timeshare rights would be annulled. This goes on in a domino effect to also exert a negative influence on the lives of every St. Maarten person as the major source of money in our pockets is courtesy of our main pillar tourism economy.

The St. Maarten Timeshare Association is doing everything it can to encourage our government to become engaged in this issue. We have a confirmed meeting with the Minister of Tourism and Economy, Ted Richardson, the new owner and the SMTA set for October 28th. While draft legislation was prepared by MP Leroy de Weever that would offer the St. Maarten government the ability to actively protect the interests of the timeshare owners, the current law does not offer this tool to help our tourism product.

Although we do not currently have a lot of timeshare specific laws, there are plenty of laws to protect our timeshare owners’ interests. As St. Maarten is a Civil Code jurisdiction this means people must hire legal representatives to plead their case before a judge.

The government of St. Maarten can exert its influence to see if cooperation can be obtained, but it has no way to force a private entity to comply in a private matter under the current law.

The SMTA would like to outline several possible options for Caravanserai timeshare owners. The options listed are not recommendations, but rather are put out so that informed choices can be made.

1. Sign the Agreement sent out as is by Alegria.

2. Hire a law firm to represent you to enforce your timeshare rights. You can do this individually or join a group. Two law firms have communicated to SMTA their interest in providing timeshare owners seeking assistance local legal advice ‎on the matter; Lexwell Attorneys at Law and Bermon Law Offices. Individuals would pay more than if they went as a group. Contacting one of these offices should give a clear indication of the strength of any action.

3. Another option would be to do nothing and see what develops. Whichever way you decide, the SMTA will continue to work to make the St. Maarten timeshare product the best it can be for both our valued tourists and our society alike.

Nice letter but it just states what everybody already knows about their options. I really don't think this meeting will amount to much but I'll wait and see what becomes of this.

After reading and receiving information from the Beamon Law firm on their intentions for redress through the courts, I approached a Canadian lawyer who deals in international law. His approach would be for the lawyers to seek compensation from the Bank of Nova Scotia since they had convenants in their loan agreement to oversee Manek's company and its timeshare operation. He finds it quite odd that they allowed this individual (Manek) such leeway in not paying his loans and he questions on whether they did a forensic auditing of the company's financial statements. If they really did sell 2,000 weeks of timeshare and amounts that people paid outright for condo units, there is a fair amount of money missing especially with such a huge loan still outstanding for the buildings. It may be right to sue through the courts but it should be the Bank of Nova Scotia who gets sued as they failed the timeshare owners by letting Manek stay in control of the finances of the resort for so long. It depends on the laws of St. Maarten on how the lawsuit should proceed and whether a class action suit would be allowed to proceed against a bank on the island <img src="http://www.traveltalkonline.com/forums/images/graemlins/Grin.gif" alt="" />

Do not know the answers to your questions. Yes it is a mess and the other timeshare properties know that also. What might happen in court, who knows?

Will see what happens after the meeting, but that does not help the current situation. And then it still has to be enacted, so a proposal is a proposal ....

We have no dog in this fight at all. And many other t/s owners are happy with their situation also. But everybody would like some asurance. Don't have a clue about what that might be. Will see what happens.

Not saying all is lost at all, but this is never simple. Everybody rememebers Maho and that was not simple either. Hopefully, things can be worked out to accomadate all parties concerned. That would be the best solution, maybe it can be done?

Did the bank not hire an outfit from Houston, TX. to oversee the operation about 2 years ago? They were supposed to be experts in managing depressed properties.

If a timeshare owner who has been told by the current owner of the property that his right to use space at the property has ended and will be not recognized further, it would seem to me that the possibility of obtaining relief from either the current owner or the person(s) from whom the timeshare owenr acquired the timeshare interest would be (1) contractual; (2) code/statutory; or (3) a combination of 1 and 2. It is impossible for anyone, including a lawyer of any description, to give a worthwhile opinion on the matter without having access to all relevant contracts and having an understanding of any applicable codes and statutes. I have access to neither and I would guess that the only people that have a shot at getting access to both are lawyers who practice in a relevant practice area in Sint Maarten.

Some basic principles that probably apply are (1) no one can tranfer a greater interest in property than they themselves have; (2) there is a difference between knowing something is happening and authorizing it to happen; and (3) loan agreements are extremely unlikely to provide for third party beneficiaries in connection with their covenants and triggers.

If I was involved in this and cared enough about it to think about investing in legal action, I would sit down with a Sint Maarten attorney of good reputation and talk through it. The one thing you never want to do is throw good money after bad.

I wish everyone affected by this the best in whatever they choose to do.

All legal matters differ, but as a veteran of the Pelican Fiasco for years, you really don't have a lot of rights as a Timeshare Owner. I hope the out come is good for the timeshare owners who are being "violated"

If I read it correctly the current owner has not said that the right to use the unit has ended....just the right to exchange or rent it out.

According to the letter posted here at number 5, Alegria is 'annulling the time share agreement'. They say that they are offering to let people 'rent' a room for the price of their regular maintenance agreement for a while, but it appears to be in no way permanent that they will allow that.

The meeting with the time share association and Alegria and government officials is supposed to be tomorrow. We will see if anything happens.

In reading the agreement, it appears that Allegia didn't make any allowance for increasing the annual maintenance fee. However, they can terminate with 1 year notice. Given the position of the owners, seems be the best one could expect.

I think they are just using the t/s owners to get some income in, until the hotel is sustainable on its own..

This meeting was supposed to be today. If anyone has any more information, please post.

Any idea whether today's meeting took place and if so, any outcome?

Haven't read it yet, but sxm-news.com has a positive headline just posted. <img src="http://www.traveltalkonline.com/forums/images/graemlins/dine.gif" alt="" />

Have no idea what this means

It reads like the government officials are declaring victory in getting Allegria to agree to do what they already said they do. Wonder if they will extend the deadline of Nov 1st?

Post from SXM Island Times regarding Alegria time share owners having use of the facility. Positive results from todays government meeting.
http://www.sxmislandtime.com/component/k...are-owners.html

Didn't the old "owners" already have this offer?

SXM??? Wendell

Exactly. For what it's worth the only difference is they will try to help in finding alternate places to stay while the transition takes place. Not much difference except for the political posturing of SMTA and the Minister that was expected.

The real difference is that every week some more people are buying SXM timeshares with contract language that sounds long term. There is no disclaimer that warns the buyer that, if the resort is sold at auction, the contract is useless and you lose your money and trading rights.

Did this meeting change that?

SXM??? Wendell

No, that's my point.

Unfortunately, it does not appear to be in the online version, but the Daily Herald story on this subject today said " '...the SMTA told The Daily Herald it “strongly disagrees with the press release and plans to issue a comprehensive statement” soon'. "

As per the group represented by Monique Beamon, it did not address any of our concerns with having Alegria abide by the terms that the timeshare condos were sold for. There is no trading rights, so if you pay your maintenance fees for the year 2015, they will try to put you on some other resort on St. Maarten, no where else. He can still cancel this agreement at any time. So it looks as if it stayed the same as the original offer. So if you do not wish to use your unit this year, it sounds that you still have to pay maintenance fees with no compensation for doing so (RCI or extra week for following year). Still sounds like a bad deal for all the owners

I agree, I don't really see where anything has changed. Before, I understood that those who are planning to stay THIS year would have to pay their AMF AGAIN, in order to stay this year. Has that changed at all?

The timeshare owners lose their right to trade into RCI or any other group, but it appears that the new ownership is still giving you the right to use your units..IF the maintenance fees are paid up. For people who bought into the resort with the plan to use it exclusively at the resort things look like they really havent changed...but if someone bought it for the ''trading power'' to go other places..well..those are the losers. I am glad the government and timeshare group are lauding themselves on this ''victory'', but it appears basically the same agreement that was reached before the meeting.

The letter clearly stated the Alegria is a HOTEL and if you signed the letter and sent in the equivalent of your MF's ( 1 weeks for example) you could stay at the HOTEL ( 1 week) for that rate ( which in my opinion ain't a bad price) .

SXM??? Wendell

Maybe we're missing something here, but it sure looks the same as before. But, as I reported earlier, the Daily Herald story today says that the SMTA does NOT agree with the press release and will be making their own statement, so we'll see what they say.

Link to a discussion by Soc on the radio this morning regarding the situation.

Fast forward past the first 2 minutes for the start of the conversation.

And also the "persons in the meeting" can only work with the laws now in place or lack there of)it is just rhetoric. So IF they can get new laws implemented ( maybe 2 years down the road) MAYBE they will be retroactive.

Like I said before "You don't think the bidder didn't have a TEAM of local lawyers telling them what their right were or weren't" ?

SXM??? Wendell

www.todaysxm.com

Just hit the internet with the SMTA article.

Interesting. We shall see what happens from here..

Oh. This is getting good. Spin and re-spin.

I have consulted with Lexwell Attorneys Mark Kortenoever and he explained that based upon documentation, including the loan agreement from the bank which he has a copy and the timeshare agreement that the legal rights to a timeshare are protected and that in the law a lease survives a bankruptcy.

If people sign the agreement you will have no more timeshare rights was the rest of the advice.

There is no guarantee if you go to court you will win but the law looks pretty clear from all we know.

MKortenoever@lexwell.net

What happened with this?? The SMTA was supposed to make a statement regarding the situation and their view of the discussions with Alegria. Did I miss it?

We are anxiously waiting for some news. It has been quiet. We are owners of week 52, paid our maintenance for the year in April. Week 52 is getting close and we don't know what to do.

I would be very concerned also, as trying to find someplace else to stay that week would be almost impossible.

I would advise to find other accommodations. As it is no longer Caravanseri.

SXM??? WEndell

Find other accomodations in such a short time frame is not going to be easy and it's not going to be free either so maybe paying the MFs again and be certain to have a place to stay is not a bad solution.

Well, yes, PROVIDED they don't have to sign that letter, agreeing to void their t/s contract..

Good point. I forgot about this condition.