Just received notice from the Artium they also have the same scheme in mind. Our assessment is going to be two times the yearly maintenance fee. Read the full story at:
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atrium-resort.com]
JMB wesite has lots of news about all the scams going on and quote a St Maarten attorney, Stefan Fox:
Stefan Fox is a St. Maarten attorney. (American attorneys really can’t file suits in St. Maarten. It’s a foreign country with totally different laws, and court proceedings are all in Dutch.)
We wrote to Stefan about this mess. His reply:
“Time share rights are considered lease rights under the laws of the Netherlands Antilles. A sudden increase in maintenance fees is unlawful, as long as the 'owners' have not signed up to same, in the very same lease / time share agreement or in the association documents. So the content of the time share agreement is of essence.”
Our lease agreements with the Atrium have no provision for assessment and do address the maintenence fee increases. Our fees are linked to the St Maarten CPI and our increases can not exceed this index, Ha, Ha, Ha......
I hope the Sapphire and Atrium owners all stick together and do not pay this scam fee. Maybe just once Island law is on our side.