Simpson Bay Resort prepares legal action against BorowickPOSTED: 04/28/11 12:31 PM
Two-page ad puts blame for Pelican trouble on tenants’ association chairman
St. Maarten – The Simpson Bay Resort Owner company is preparing legal action against the Tenants Association Pelican Resort Club board and its individual board members, and considers “similar actions against co-conspirators who have knowingly helped (its chairman) Borowick spread damaging misinformation and filed misleading affidavits,” the company announces in a double full-page ad that appears today in the local newspapers.
The resort’s management accuses the current chairman of the Tenants Association of the Pelican Resort Club, Jeffrey Borowick, of taking a series of irresponsible decisions that ultimately led to the demise of the Pelican Resort Club. In the ad (for full text see pages 8 and 9 of today’s print edition), the resort management describes how Borowick finally took over the reign at the tenants association in 2009. Court records and newspaper clippings show that Borowick’s first attempts to take over at the association date back more than twelve years to 2005.
The advertisement describes Borowick as a man with a history of being belligerent and irrational who frequently displays threatening behavior.
Borowick’s constant attacks on management and previous board members on the tenants association were laced with “juvenile name-calling and bullying tactics,” management states in the ad. The text refers to an exchange with a fellow timeshare owner who had dared to question Borowick’s experience in running a resort. “Try thinking at least ten seconds before you start pecking the keyboard with your nose,” Borowick wrote. “What do you do for a living? I’m actually interested to find out. Frustrated clerk, wanna be water girl, please tell me?” Borowick also wrote in this exchange that the board members were “too busy to waste their time with a toad like you.”
The ad states that Borowick spent hundreds of thousands of dollars on unbudgeted expenses, mainly legal and professional fees, and on an unnecessary hurricane insurance that had a $1 million deductible.
Borowick also put in place a no more loans policy, the management charges. That in turn had a negative effect on sales, since timeshare owners typically are not able or willing to pay cash. But the Simpson Bay Resort management states now that Borowick ordered the sales team to focus on cash sales deals – a move that “effectively eliminated approximately 50 percent of possible sales.”
Management states that the Pelican Capital Improvement Program PCIP was managed by the Tenants Association board. While the ad mentions immediate past Chairperson Christiane Schlunz and former board members Roy Martin and Bob Ryan, a lawsuit filed by disgruntled investors in the PCIP-program targets the Simpson Bay Resort Owner company, Richard Corso, and Richard Sutton in his role as chairman of the Tenants Association.
The ad states that only 2 percent of the timeshare owners took part in the PCIP investment program. With 12,000 owners at the resort, this means that the program had 240 investors.
Management furthermore points out in the ad that Borowick meddled in its negotiations with the Wifol labor union earlier this year, “causing a significant delay in the resorts re-opening following a brief laborer-related closure.” But Borowick, the resort management states in the ad “was one of the most vocal proponents of union labor cuts in TAPRC history.”