The lawsuit troubles going on at the Atrium, Sapphire and Divi should concern all timeshare owners.

As an owner I never had any reason to think that someday I would be in the situation of acquiring a lawyer to protect my contract. In 1998 when we bought at the Atrium there was never any mention that this day might happen.

This is the same contract that Festiva sales people have been using at the Atrium for the past 4 years.

Well our building was sold to Festiva in Oct 2005. One year later they decided to assess the owners the regular maintenance fee plus an assessment of twice that amount and added on additional 10% increase.

Some of the owners banned together and hired Attorney Monique Hofman.

Remember this, there are no class action suits in Sint Maarten, so if you file a lawsuit it is on a litigant list basis.

Am I sorry I bought a timeshare. Not at all. We have used it for almost 10 years without incident.

But, the timeshare business needs to be monitored by a government agency. It is a big business without controls.
JMB is currently working on a petition to gain that support.


For owners of the following here are the contacts

Atrium Rowiep@aol.com
Web site by Joe Parvin WWW.Atriumowners.com

Sapphire grhertzy@houston.rr.com
Web site by Jeff Berger Www.JMBcommunications.com

Divi 1bigdaddy@fuse.net

Thank you RowBoat for the post. I am also glad to see that Divi is considered a part of the situation - you wouldn't believe it with the lack of attention and cmmunication provided by DSMTSO.

You are so right about the T/S companies being out of control and not monitored. It is not limited to any one area, but every where. When this first raised it's ugly head, I did some google research - I found it in Mexico, US and even the Middle East. One big difference, theirs was a case of natural and man made disasters. Then, companies like Divi and Festiva JUMPED on the precedent that had been set - well shame on them for doing so without such a basis. Further, shame on us if they get away with it.

I'm a Divi owner, so I hope there is some sort of coming forth to squelch their crap.

Otherhalf,

We need more people that will stand up to pass the word.

Some Timeshare companies sell a dream and then turn it into a nightmare.

We all want to go, have fun, relax and enjoy the island and it's people.

As timeshare owners we help support just about every business on the island in some fashion. As I see it, one hand feeds the other. All we ask from the island government is to oversee the increasing abuse.

They should have a hand in making sure that the contracts we sign will hold all parties responsible.
If your contract says no assessment, then no assessment. If your contract says they are collecting maintenance fees for upkeep or whatever, then they will be held responsible if the monies are used for something other then that. And so on.
This is a two way street, we could loose our timeshare if we don't pay, but nothing happens to them if they don't maintain our building.
Responsibility only ours?


Right now, it looks like timeshare companies have a free hand and we are held hostage. Well, I say it's time to change that attitude.
The government needs to be proactive and get involved now.


I did forget to mention that www.jmbcommunications.com is the know all for all the lawsuits and latest news.

Hang in there, with people like you, all things are possible.

Is it not true that Festiva, present managers of the Atrium, gained a management controling interest only by virtue of them owning more units?
Is it also not true that we owners as a united group could outnumber present mgmt. as more of us ban together in oposition to their mismanagement of our interests?
The Atrium is on leased land,is it not?

If you have a problem with festiva call jeff galle at 301 841 2717 he can be helpful. Also DO NOT EVER LET THEM TALK YOU INTO THEIR ADVENTURE CLUB

Glad to see this truth resurface after nearly a year. The truth remains is that Divi took the opportunity train with no opposition from Divi St. Martin Timeshare Organization ((DSMTSO) or any owners banning together (why should the owners ban, they thought DSMTSO would be doing something, what a laugh, they only greased the pathway.)

My guess is that the board of directors of DSMTSO didn't have to pay the special assessment fee.

Can someone help us. I came upon this site by accident. I was trying to figure out if there is a site for the 2009 assessment being forced upon us. We are seniors, and we own two weeks at Pelican. We own D5 (where is our view of Simpson Bay) and B252 which we have used only one time because of bugs. We own since 1984 and we have certainly gotten our use out of it; in addition we have traded all over the world. I feel isolated from other owners for some reason and need someone to recommend what we should do. We can afford the assessment and the out of site increase in our maintenance but I understand that even in order to sell it we have to pay these charges. I own other time shares (one in Cancun) and one in Vegas (a Marriott) and we don't need Pelican anymore as we can trade in. When I contacted the management they said records only go from 1997 because of some computer upgrade. As a result, my daughters (who are adults now) were not put on the new records and they want several hundred dollars to incorporate their names again. We are on the verge of saying "bye bye" but does anyone have any suggestions for us so we do not lose our initial investment. Any help would be appreciated.

Edith,

With all due respect to your particular situation, and as a timeshare owner myself, albeit not at Pelican, I hesitate to suggest this but I'm afraid your "initial investment" is probably already long gone.

If you've actually owned and used your timeshare since 1984 and as you have stated, you have enjoyed it and travelled all over the world with it, that is perhaps what you should view as the payback on your 'investment' and consider its a done deal.

My information is really generic with regard to timeshares outside the US but I'm inclined to believe you cannot sell it and transfer title to another owner without having clear title in the first place and with outstanding AMF or assessment you don't have clear title.

I know it's a hard pill to swallow but if you really have no inclination to use it again and want out, walking might just be the only answer to your situation. But know in doing that, you now have no rights of ownership and they probably could, though rumor has it they don't, come after you.

Again, I'm not a Pelican owner, but I'm thinking this is the downside of timeshare ownership in areas where there are no protective laws in your favor. As a timeshare owner elsewhere on the island, I see people walking away all the time because they just want out so I'm doubtful if you'll get big dollars for your Pelican units even if you pay all the fees and then try to sell them. Take a look at E-bay resales and Holiday Resales for an idea of what the resale market is like.

Sorry to be such a downer, but this is the experience I've witnessed and heard of from personal friends who have found themselves in your similar situation. Good luck and perhaps others who actually have units at the Pelican can be more positive for you.

Respectfully,

pat

Regarding Edith's post, unfortunately we are in the same boat. My wife and I have been going to pelican for over 18 years, have paid at least 3 Special Assessments in that time. But now with the economics of the times I suspect we will have to walk away from our 3 weeks at pelican. Especially when the management company is offering a week in the new marina building for under $400.00. What a slap in the face to all older pelican owners. Between special assessment and regular maintenance, we're looking at close to $4000.00. Edith, I believe there is no choice but to pay all fees, and then perhaps sell your units. I will definitely be looking into that idea. Good luck to all pelican owners, I guess one saving grace is that the resort is "going green".

We own there also and was surprised at the increase and specail assesment>we paid 99.00 for the unit afew years ago and basically that is what we are trying to sell it for.Its still a good deal to own there as long as rates dont continue to go up.

IMO if you recieved the use of your TS unit many times/yrs you certainly got your moneys worth and more.Based apon hotel rates of $200.00 -$350.00 a night you are way ahead.I remember when the Pelican was built & when DIVI took over Little Bay Beach Hotel. I feel your very lucky since the TS companies could have imposed these special fees a few yrs after your purchase or when they wanted.IMO considering the hotel rates for a SXM vacation if you pay the special fees you still have recieved your moneys worth.Myself and thousands of other vacationers normally paid hundreds of dollars a night for a hotel room over 20/30 yrs. of vacations.good luck.

Yes, I agree Bob. Sometimes people don't see the forest for the trees. I know that we have saved oh so much money in the last many years of travel and if it takes a supplemental fee to upgrade the resort to keep with the times, then it's better than hearing the complaints of those staying there now who say the place is outdated or things that have gotten years of weekly use just don't work as they should. Some timeshares charge more per year and bank that money for upgrades and some places charge too little, thus the supplemental fee to make up for it.

[www.vrbo.com]

Life is not a child's game of follow the Leader. Instead, life is more about finding one's own purpose in life....your life's plan, and then making a positive difference on earth.

John, Most TS/hotels eventually become outdated and in need of updating.Materials cost more now than when most were built in the 80's & 90's on SXM.If the owners are actually using the special fees for updating thats fine with me.As you know we purchased a French side TS about 3 yrs ago. Knowing the time of yr/week we purchased and the cost of hotel rooms we are about even this coming Feb.I saw the prices the TS places are charging owners and its still a bargin compared to paying $200.00/350.00 a night for a beach front hotel room.IMO, many who are complaining about the fees never paid to stay in a hotel and maybe only vacationed on SXM through RCI or equal.