Rainbow Beach Club-email angered ownersPOSTED: 01/30/12 2:05 PM
St. Maarten – The Court in First Instance will rule on the dispute between the Rainbow Beach Club and a group of 11 disgruntled owners at the Cupecoy-property this coming Friday. Judge mr. Diederik Thierry will issue the ruling in writing. Rainbow Beach Club spokesman Johnny Erato told this newspaper earlier that he will react to the situation after the court ruling.
Jim Taffeiren, the chairman of the Home Owners Association in the West-building of the property wrote in an email to this newspaper that he signed a pre-construction agreement with Rainbow in June 2004. What he finally got was not what he expected; “I signed the agreement for a unit in a residential condominium complex in June 2004 after reviewing the available descriptions and documents. I found out later, after paying several hundreds of thousands of dollars to the developer, that what I took ownership of in October 2006 was entirely different. As part of the Eratos well-honed deception and written into the purchase-agreement, I stood to lose all the money I had paid if I did not accept delivery of my finished unit within thirty days.”
Taffeiren wrote that the dissatisfaction of the owners that are not involved in a lawsuit against the Eratos was fueled by an email signed by manager Marc Erato they received on October 31 of last year.
In that email, the Rainbow Beach Club Co. Ltd. announced the termination of maintenance and security services per December 31. While Rainbow assured the owners that it would do everything within its power to provide for “a smooth and trouble-free transition” to a maintenance and security company of the owners’ choice, it also pointed out that the service agreement involved a host of other issues. Among them are for instance pool services, extermination services, generator services, and companies for septic and sewerage services and for cistern and drainage maintenance.
The termination of security and maintenance services includes, the email to the owners stated, “gate security, gates, surveillance equipment, security office and radio equipment, gate mechanism and upkeep, security walls from street side to waterfront, all security and complex lighting, times and photo cells, panels, utilities, roving guards and beach access guards.”
Rainbow made the transition to new services companies dependent on a settlement plus a monthly fee for the so-called hotel facilities at the property. Also, Rainbow demanded that the owners drop all lawsuits against the company.”
When the case was in court in summary proceedings Friday a week ago, the attorney for rainbow, mr. Mark Kortenoever, stressed that the company continued to provide all services (like security and garbage collection) against a fee until a solution is found.
The angry owners demonstrated ahead of the court hearing on January 20 in front of the courthouse, carrying placards with texts like “Rainbow owners seek freedom to manage,” “I’m an Erato victim!.” “Freedom from Erato dictatorship” and “Rainbow-owners seek democracy.”