Hi Barbara:
By this time you may have gotten the outrageous Maintenance Bill from Diamond Resorts. Everyone here is livid.
Because I was involved with a similar situation at the Atrium where we got an injunction from the SXM courts they unfortunately want me to be the point-person. I am trying however to keep a low profile. I have pasted below some information so you know what is going on:
I met with the attorney this morning who represents both Atrium and Sapphire timeshare owners. Their offices will be closed now until Jan. 6th but she was kind enough to see me this morning at 9.
There was a general meeting yesterday called by Marcel wherein he presented the 2009 budget and conveyed the justifications for the increase. After about an hour many if not all of the owners present put their name on “the listâ€. It was only because of this fact that I agreed to meet with the lawyer.
The attorney believes that the contracts provide that the increase be no greater than the Neth. Antilles CPI which was 4%.
Only after reviewing multiple contracts will she provide an opinion.
We also believe that the owners that paid very low prices for their weeks at other times of the year will not pay the $1182.42 and default on their units resulting in Diamond getting them back to sell. In other words they will probably never achieve their intended maintenance fee target. BTW, Diamond added nearly $1,000,000 in Management and Support Fees to this year’s budget.
We were also told that the so-called Reserve Account ($180 in 2008 and $230 in 2009) has been used to repay the developer for “loans†no details were provided. Monique will be requesting copies of loan-documents and the authority to use a Reserve Account for such purposes/
She is emailing me later today a letter that states that under Netherlands Antilles law, if you do not join as a petitioner against the resort you do not get the benefit of the settlement. In order to be fair to the owners I have calculated that the legal fees necessary to initially support this and create a small reserve will be $50 per week owned.
Checks are to be made out to:
Bermon Law Office
We will be represented by: Monique m. Hofman
The address of the law firm is:
Frontstreet 6, Suite 3
Philipsburg,
Sint Maarten
Netherlands Antilles
If you want to make a bank transfer:
Send to JPMorgan Chase Bank
Fed Wire ABA 021 000021
For Onward credit to:
Scotiabank St, Maarten
Philipsburg, St. Maarten, N.A.
Acct # 001058925
For credit to:
BERMON LAWOFFICE & LEGISLATIVE SERVICES
Acct. # 001000843
I asked what we are to pay. Subject to the review of contracts which will be done prior to the Jan. 15th due date she suggests it be last year’s maintenance of $708/wk + 4% (the Netherlands Antilles CPI).
This will be confirmed. Please allow emails form
diamond-litigation@conet.net
I have asked that an email account be established here and a general website where current information will be posted. When I get that information I will let you know, as I want to step out of the limelight and let Monique handle this.
Regards,
Steve