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#33908
01/13/2015 09:26 AM
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Joined: Aug 2000
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Daily Herald story We'll see if anything happens.
Carol Hill
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Can they do something retroactively? Or is this for new TS. As there will be no new TS in the future I feel. And will this legislation drive off new investment in this field? Cause Hard Rock went to Aruba to build before any of this came up.
SXM??? Wendell
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Who knows? Frankly I doubt they pass anything regardless..
Carol Hill
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Just thought it would be kinda scary the government amending contracts retroactively( as part of what they might do).
SXM??? Wendell
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I think we can hope for some support but reality favors lip service. Belair included information for ts owners not to expect the same level of service as hotel guests. I think this is coming from New York and not SXM. Also think it falls under the category of biting the hand that has fed you for a very long time.
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I agree Carol, it looks good to put these things on paper. However, actually doing something to bring them to pass is a whole different story!The government in SXM has so many different problems, I feel timeshares are at the bottom of their list.
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Doubt anything will happen as long as the timeshare companies grease the right palms, which is frequently alleged by owners. I recently sat next to people who were on the wrong end of the Caravanserai debacle. They had already purchased non-refundable airfare and were staying in a hotel so as not to lose the money spent on plane tickets and to try to enjoy one last vacation on SXM before they boycott it going forward. Unfortunately, I suspect it will take a very large number of such visitors to get the attention of the government.
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I too am skeptical, however, their are less cruise ships in the harbor. half as many as normal in the two wks. while I was on vacation. If and when Havana becomes a port of call for Royal Caribbean (Pritsker family of Chicago), it may be time to protect the very people (timeshare owners) whose money contributed the most to the Island.
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If you're a St. Maarten timeshare owner, particularly a timeshare owner at Caravanserai, we urge you to make your views known to the people of St. Maarten via letters to the editor pages. It does matter – far more than you think. Contact the Today newspaper at: todaymanagersxm25@gmail.comAnd contact the Daily Herald newspaper at: editorial@thedailyherald.comPlease feel free to share this information with other St. Maarten timeshare owners.
Jeff Berger Visiting SXM Since 1978
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There is no Caravanseri no more. But you can go to the Alegria hotel web site and book rooms starting at $209 a night.
SXM??? Wendell
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Wendell,
I'm sure he meant to say "A 'former' Caravanserai owner.
As a long-time visitor and timeshare owner, I'd love to see reforms in the way timeshare properties are able to weasel out of their contracts, always with a few exceptions of course, but I really doubt I'll live long enough to see anything positive enacted and the timeshare owners receive the respect they deserve through from the hands of the St. Maarten government. After all, timeshare owners are only the branch of visitors who return year after year, week after week and support all phases of the island economy when the 'season' is done as opposed to those who come during the season and so often move on to other locations throughout the balance of the year. <img src="http://www.traveltalkonline.com/forums/images/graemlins/handshake.gif" alt="" /> <img src="http://www.traveltalkonline.com/forums/images/graemlins/handshake.gif" alt="" />
Respectfully,
pat
"Always keep your words soft and sweet, just in case you have to eat them."
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Pat I can only respond to what was stated.
The Caravanseri proceeding is close to the same here in the US. IF a tenants landlord looses the property by default on a loan, the lending institution then resales the property , the new owner can do pretty much what the want. The default process clears the title to resale. The tenant can go to court and fight bet they had limited rights.
The TS contract is with a business not a property.
SXM??? Wendell
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As a timeshare owner at Port de Plaisance; we've seen a 5* resort drop to a level that has become intolerable. Construction has been ongoing for the past 4 years and we've tolerated conditions beyond what some might call "liveable". The MF keeps going up every year too and we haven't seen anything for it! When we were there in May; it looked like a war zone (unfinished units with no walls and hanging wires, plywood blocking off all areas) and the unit we were given was horrible (broken phone, mold on the lanai walls, broken balcony furniture, old, old worn furniture in the living and bedrooms, old torn draperies, stained bedspreads and sheets, filthy kitchen, and the list goes on. Oh, and no pool access unless you wanted to walk over to the country club behind the casino.
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Carol Hill
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One point to keep in mind, Wendell, is that the US renter is doing exactly that: simply renting. He/she did not purchase the apartment. The former Caravanserai timeshare owners were never considered renters as each family had PURCHASED a unit. This is like comparing apples to oranges, as the US has timeshare laws in place and the island of SXM has none. It's all talk, talk, talk by government officials -with no action.
We'll see what happens in the court of law because a precedent will take place. That is, as ownership of resort properties change hands in the future, it could well be that any resort on the island can be reshaped into a hotel such as Alegria is trying to do, and null-and-void those contract agreements, regardless of who the new owner is and where he resides, and whether or not a bankrupt took place. St. Maarten will become known as the Wild, Wild West and not the Friendly Island. I do believe that if the final ruling is not in the former Caravanserai owners' favor, every timeshare unit owner on this island will shudder -with hope that this not happen to them, too. It's history in the making.
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Sorry--Caravanseri owners "purchased" a unit?? If you're buying a t/s, you are not "purchasing" a unit. You are buying the right to use it for a particular week. We may be talking semantics here, but semantics are important. My understanding is that the one building is only whole owners who purchased the entire year in their units, and I think they didn't lose their investment, although I'm not exactly clear on that. But in no manner can t/s owners be considered to be "purchasing" a unit.
But regardless, the situation is, or should be, cause for unease with any t/s owner..
And I am confused--I thought the Caravanseri t/s owners had just flat out lost their court challenge. Is it still going on?
Carol Hill
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That is what I was wanting to say Carol. The buyers believed the TS salesman that " you own" . And when things go bad the blame it on SXM and say they are never going again. Because the buyer didn't take time tounderstand what their money was going for.
SXM??? Wendell
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when "Carlo"of Godfather fame did the Ribbon cutting at the Caravanserai, then handed out the original script. I had my doubts about it's future. MHO.
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As far as TS, I never thought of it like owning anything as you don't get a deed, title no closing at Notary etc. Its really a contract for the right to use time with the owner, company. To me...If you don't get it by now the term "owner" is just a marketing tool but its never been legal ownership, just a contract for time. It happens all the time in the USA that contracts get broken and people loose money. I am not so sure the law in the USA is that much different when it comes to property being foreclose on when banks or lenders are involved. It always gets messy and horrible to go through.
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semantics. their are verbal agreements. gentlemens agreements. agreements done with a handshake. written contractual agreements. marriage contracts. lease agreements. etc. in the U.S.of A. we have the courts from small claims,like judge judy to federal courts to enforce our contracts. if your point is the terminology "owner".is a misnomer, let's not forget that many of these developers are on leased property. government or individually owned they are not owners either. they are controllers. by virtue of the fact that have accumulated more units. given the choice where would you care to have your contracted litigated? in SXM with judges who need not be lawyers or the U.S.? I choose the latter.
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There were some DEEDED agreements that extended out to end in 2020 after which 1/52th of a unit was yours, if at the end of the agreement you arranged and paid to have the deed properly notarized and filed. Regardless of what I said, and maybe the word 'purchase' wasn't the best verb to apply to both deeded and non deeded, my apology to all.
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Yes, the timeshare owners association of Caravanserai are still pursuing legal avenues in regards to the fiasco at the Caravanserai. One thing I must point out is that alot of the people were given documents indicating that they would receive "deeded ownership" of their unit starting in 2020. Whether that makes a difference, who knows. If people check out the Facebook page for the timeshare owners association of Caravanserai, they can find out further information if you are a prior owner at the resort. <img src="http://www.traveltalkonline.com/forums/images/graemlins/Clapping.gif" alt="" />
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TS tenants evicted from the old Caravanseri. article here SXM??? Wendell
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Has TOCA paid Algeria's lawyer fees as decreed by the judge?
SXM??? Wendell
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Were the two timeshare owners in the article permanent residents on the units? That is, did they occupy year round?
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Yes, that story was definitely lacking in details..
Carol Hill
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Most of their stories are lacking.
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