Rainbow Beach Club owners sue Erato family

POSTED: 04/11/12 2:35 PM

St. Maarten – The developers of Rainbow Beach Club in Cupecoy may soon find themselves before the courts again in a flurry of civil suits that homeowners on the property plan to file. The homeowners recorded a partial victory on February 3, 2012 when the judge ordered that they be given the right to choose and set their own conditions for a maintenance and security service provider. The court also ruled that Rainbow Beach Club’s management should take care of the management of the common areas within the footprint of the five buildings on the Rainbow property, but that it was not to be involved in managing the disputed so-called Rainbow Beach Club Facilities – commonly identified as the hotel facilities.
“The Erato Group of Companies has failed to comply with the verdict. In the last two months we have tried to resolve this matter amicably but no avail. There are various disputes, some of which summons have already been issued for,” Attorney for the homeowners Jairo Bloem said.
Since the court’s ruling the homeowners installed a new service provider; Solutions Accounting and Management N.V. They also requested information on the identity of all of the owners of the property.
“They are still sitting on this information,” Bloem said.
Many of the law suits that have been brought against Rainbow Beach Club since last April highlighted various cases of misrepresentation.
“A large portion of the apartment owners feel that they have been duped,” Bloem explained.
The homeowners plan to question the legitimacy of agreements made with the property developer Sabra N.V. Bloem added that there is a general “suspicion that documents that were used in previous court cases might have been tampered with.”
Construction work that is ongoing in the six story ‘Tower Building’ on the property has also drawn the ire of homeowners. The original building permit for the structure was for four stories with homeowners saying that the construction of apartments at the top of the building is yet another example of laws being broken. Bloem explained that some areas that were originally designated as offices in the Tower Building are now being converted into apartments.
“They have also restricted access to this area so that the homeowners cannot see what is going on.”
A case that is already before the courts concerns the homeowners request for them to examine Rainbow Beach Club’s book keeping and also interview expert witnesses.

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