TravelTalkOnline Forums Travel and Vacation Forums St. Maarten - St. Martin TOCA Victory

I wonder what will happen now...interesting

WOW! There IS a TS God!

The Daily Herald has a story with additional information, but I cannot find it online anywhere. It basically says that the resort has to allow TOCA members access to their units within 10 days if they have paid their AMF. Which I guess would mean that they would pay them now, as I presume Alegria wouldn't accept them before? Who knows? The story only addresses TOCA members, so I guess they are the only ones who benefit? Hopefully the story will appear online soon.

I very glad that this has happened.

Good for them. We remember in December 2011 we visited the bar there and remarked that the place seemed odd in someway. The lack of a beach and just a strange quietness. The sunset views are beautiful, but we need sand.

At the airport leaving, we were talking to a couple who had just bought there on their first trip saying it was such a good deal they couldn't pass up. He mentioned a 5 figure number I think that was a big "discount". We jjust nodded and didn't want to throw a wet blanket on their purchase and then as it turned out it all went further south. Always wondered how they made out with that spontaneous purchase, hopefully this helps.

I'm glad TOCA won their case, but you know Sidholm is going to appeal.

Wasn't this the appeal?

Finally found the story online, from another source Alegria story This isn't exactly the same story that was in the DH, as the DH story talked about the timeshare legislation which has been bumping around Parliament for forever.

I'm probably reading it wrong, but it seems that the basis of the ruling was that the t/s contracts were held to be 'rental agreements', and that it seems like rental agreements are better protected under SXM law than purchases??

The original proceeding was a failed attempt to get an immediate injunction to stop Alegria from kicking owners out. This was a suit for damages by a group of owners.

Three questions:

Can the recent decision also be appealed with an imposed stay of the most recent decision?

Can Alegria initiate an onerous special assessment for "improvements" AND significantly raise the AMF to discourage keeping the units in question?

Does the decision apply to all previous "owners" or just the 17 or so involved in the suit?

Your questions are legal in nature and involve Dutch law so all I can offer is my opinion:

I'm sure this decision will be appealed.
I'm sure Alegria can raise the maintenance fee.
The article stated that this decision only applied to those mentioned in the TOCA suit.

From what I have read, previous owners can file suit, expecting similar results.