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Atrium Lawsuit
Posted by: Rowboat (---.tampfl.fios.verizon.net)
Date: October 17, 2006 09:54PM

A growing group of Atrium owners wants to fight this 200% assessment. Our lease agreement is very clear on maintenance fees and increases. Also the very last paragraph clearly states no changes can be made to the agreement unless agreed to by both parties. The new owners, Festiva, are binded to this agreement in the agreement. DO NOT PAY THIS ILLEGAL ASSESSMENT. Your lease spells out what the maintenance fees are supposed to go for: taxes,maintanance, furniture replacement,insurance, utilities and administration of the resort.

This assessment is bogus. Festiva want the owners to pay Simon Mccauley the previous owner his $2,000,000 and still have some left over for the wish list. Why should the Atrium owners put up with this. This resort has always been maintained in excellent condition. Every year Simon upgraded the resort in some way. New Stoves, microwaves, bathroom cabinet doors, some furnishings, painting every year, added a new deck to the pool, Hurricane Shutters on all the exterior sliding glass doors, new generator,new lobby the list goes on and on...

Please contact me if you would like to join in the suit. I have contacted an attorney on the island.

Rowiep@aol.com

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Re: Atrium Lawsuit
Posted by: ron norman (---.balt.east.verizon.net)
Date: July 23, 2008 07:35PM

Sirs,

I would like to know what progress has been made in this lawsuit against Festive resorts and how canI support the Owners group.

Thank-you
Ron

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Re: Atrium Lawsuit
Posted by: Rowboat (---.proxy.aol.com)
Date: July 23, 2008 09:01PM

Ron,

Contact me if you want additional information

Rowiep@aol.com

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Re: Atrium Lawsuit
Posted by: Joni Brander (---.sintmaarten.net)
Date: March 17, 2009 06:50PM

Please update us; so far we have found only dated information from '06.
Thanks!

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Re: Atrium Lawsuit
Posted by: Rowboat (---.proxy.aol.com)
Date: March 17, 2009 11:47PM

The latest is we are in the final stages of responding to the Festiva suit to change the lease terms in regards to the CPI of the NA index as out AMF reference, and the proposed SA increase of 2 times the AMF of 2007. Hofman has responded 2 times and Veen has responded twice, now the Judge will either rule on the merits of the changes or ask for more information or may request the plaintiffs and Festiva try to come to an agreement. It is entirely up to the Judge at this point.

On the other front we have two injunction petitions before the court which were filed in 2007 and agreed to by Festiva/Atrium to require Festiva/Atrium abide by the current terms of the lease, which they have tried many times over the past two years to violate in which case is why we are before the court with the injunctions. We should have a hearing this week. The Judge had requested all the names of the owners in Groups one and two, about 320 owners. Festiva was also provided the list, again.

The majority of the leaseholders have had use of their weeks as per the terms of the lease, some though have had problems with Festiva's accounting and application of funds in the wrong place creating many problems. All Funds for the litigants should be applied only to the AMF and not the SA.

We hope this dispute will soon be resolved. At this time we have over 450 owners representing over 750 unit weeks that have joined the Atrium Leaseholders NPF was formed to protect our lease from any changes.

If you are an Atrium leaseholder and not involved with the group please contact me at rowiep@aol.com for more information.

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Re: Atrium Lawsuit
Posted by: Murray Wattenmaker (---.hsd1.nj.comcast.net)
Date: October 16, 2009 07:09PM

Re;Law suit I am writing for 3 unit holders Murray Wattenmaker Allen Castle- Phylis Brown.
We would like to join the suit. Please tell us what has to be done .
Thanks you Murray Wattenmakere

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Re: Atrium Lawsuit
Posted by: Rowboat (---.proxy.aol.com)
Date: October 16, 2009 07:22PM

Murray,

Email me Rowiep@aol.com and I will get you the information you need to join the group. We have over 460 owners in the Atrium Leaseholders Association representing over 750 unit weeks.

Rowie

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