Alegria timeshare ruling put on ice

POSTED: 10/19/15 12:14 PM

St. Maarten – The Timeshare Owners at Caravanserai Association (Toca) suffered a setback in court last week when the Common Court of Justice suspended an earlier ruling that ordered resort owner Alegria Real Estate to admit the timeshare owners to their units on the condition that they paid their maintenance fees, and to pay the timeshare owners more than $27,500 in damages.

The ruling was a victory for the timeshare owners whose contracts were voided by Alegria after it bought the Caravanserai resort at an auction in 2014.

Alegria appealed the ruling of August 21. The court ruled in its favor, saying that Alegria’s interests to keep the status quo until there is a decision on appeal, outweighs the interests Toca has in the execution of the verdict.

In particular, the court considered the so-called restitution-risk Alegria runs in case it wins the case on appeal. Because all timeshare owners live abroad, Alegria would have a hard time getting the $27,500 back from the individual timeshare owners.

The timeshare owners interest in their right to keep using the units as long as they have paid their maintenance fees is “real” the court ruled, but it does not outweigh Alegria’s interests.

The court therefore suspended the execution of the August 21 verdict until there is a decision on appeal.

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