Dear Editor,
Our first visit to this popular Caribbean island, which comprises both French and Dutch island territories, was so thrilling, with a vividly gorgeous blue ocean and quaint lovely towns! The beautiful beaches, the warm seas, the elegant and delicious cuisine, and the lively atmosphere were so enchanting. My husband and I fell in love with the tropical rhythms and the spirit of the “Friendly Island”. However, as eager as we were to participate in future ventures as property owners, so we could return more often, we discovered that we had not only been deceived, but our timeshare property would eventually be denied to us.
We had initially been deceived by Endless Vacations, the company charged with selling these timeshares, since one of my opening questions was, “What would happen if this property would face bankruptcy?” The agents closing the sale knew the answer, that the Caravanserai timeshares and the hotel were in the throes of bankruptcy, but they failed to tell us the truth!
It is well known on the island and internationally that ourselves, and fellow timeshare owners for the original Caravanserai/Alegria combination hotel and timeshare located near the desirable Maho Beach, had our valid lease agreements swept away when they were embroiled in a bitter and sudden bankruptcy about six years ago. The new owner, American Ray Sidhom, along with his firm Alegria Real Estate BV, sent a “welcome” letter by advising all timeshare owners that their lease agreements were now null and void.
There are few words to describe how extremely shocking it was to find out through an
e-mailed letter on September 29, 2014, that our lease agreements, owned by about 2,000 owners from all around the world were being summarily tossed away! Many of us, recovering from our shock, formed TOCA, Timeshare Owners of Caravanserai Association and hired one of the finest law firms on the island, Lexwell Attorneys at Law. Subsequently, we went to the courts, making great gains by winning on two counts: the merits of the case in the Court of First Instance on August 23, 2016, and in the Court of Appeals, which upheld the lower court’s decision in 2018.
However, the lawyers representing Mr. Sidhom and formerly the resort called Caravanserai, once changed to Alegria by Mr. Sidhom, and now renamed The Morgan, decided to take their case to the Dutch Supreme Court in The Hague, in The Netherlands. The lawyers for Alegria presented their appeal based on just one Sint Maarten ordinance, SMCC 7:226, which only acknowledges a transfer of timeshare obligations in a sale when the holder of the long-lease and the timeshare lessor are one and the same. This was not the case with TOCA’s lease agreements. Endless Vacations, NV, arranged the lease agreements.
Based on this strict and narrow interpretation of the aforementioned code, the Supreme Court had no other choice but to return the matter back to the Court of Appeals, since there remained several other timeshare ordinances, advanced by TOCA which needed to be addressed concerning reasonable and fair protection for Sint Maarten’s timeshare owners.
We have yet another hurdle to overcome, but we are still determined to have our next day in court, whether our case eventually returns to The Netherlands, at The Hague’s Dutch Supreme Court. This decision, which is yet to be determined after more than six long years, will not only impact our case, but will have massive reverberations throughout Sint Maarten as to whether the island’s hospitality industry, including timeshares, and laws of property ownership should and does have ironclad protection for the rights of visitors coming to this island. The ultimate decision with our case will decide if investing in this island is worth the risk, which in TOCA’s case, concerns matters about the property owner’s right of access to even enter our personally-owned timeshare property.
You might believe that this high-profile court case ought to have led to better protection for timeshare owners in Dutch Sint Maarten. Sadly, a Draft Timeshare Ordinance promising to offer even more protection for future timeshare owners has yet to be ratified. The Sint Maarten government is not rushing in to provide further binding protection for current timeshare owners.
Sint Maarten is facing a prime litigation crossroads, which will most likely spread throughout the timeshare industry if these timeshare agreements are not guaranteed ownership safeguards. Will the government ramp up a consumer protection ordinance to protect timeshare owners who have invested in a vacation timeshare in Sint Maarten, or will the government just keep shying away from an ever-pressing demand to resolve this issue? Although this island has heavily depended on tourism in all aspects of their businesses, a failure to guarantee visitors and investors to this island their legal rights to timeshare ownership will be another serious blow to an already threatened economy in the aftermath of Hurricane Irma and the COVID-19 pandemic.
Hopefully, our TOCA membership will eventually have a favourable answer from the Dutch Court of Appeals after a partial rendering of the decision by the Dutch Supreme Court at The Hague moved our case back to the Appellate Court. Will this also be a victory for the “Friendly Island”, and an optimistic decision for the future of Sint Maarten’s economy? Even on a beautiful Caribbean island, renowned for offering weary travellers gorgeous beach views, great underwater adventures, supremely azure seas, and fabulous entertainment, our day in court may well determine how this island will continue to welcome international travellers, especially those who choose to invest in Sint Maarten’s economy.
Nancy Jennis Olds
Henderson, Nevada
Dear Editor,
Let me start by saying the purpose of this topic is not for any person to agree or disagree with me but to become an individual thinker and to analyze all information based on facts and not popularity and to understand. It has all to do with common sense.
In many school systems today, mainly in the United States, Canada, and Europe, children are brainwashed to accept homosexuality and transgender as a part of human natural characteristics. Based on science and God-given spiritual knowledge there are only two genders.
The big question is why? The world is really becoming a deceptive and evil world, the intent is to make the wrong right. Once you can get people to accept that, you can control them. The evil thinking is to try to shame the normal person as offensive and heartless people who do not care about others’ feelings. Make them believe they do not have compassion for others. Create a false narrative that good and wrong are not really a fact but tolerance of alternative lifestyle (evil acts) is the way how to make the world become a better place.
The intent is to change the normal structure of how our God with the son named Jesus made humans be. Once you can get humans to accept there is more than one gender, it is guaranteed you can deceive humans to accept anything that you want them to believe.
Education informs learners about the facts around them and helps them become critical thinkers. In contrast, brainwashing provides learners with heavily biased information that leads to one predetermined conclusion.
We are living in a very evil world where a few people who are financially powerful have the motive to change the world as they see fit and not how God intended for the world to be. These people are anti-Christ people. Their intention is pure evil, they want to tell you what to think and train you, which really is brainwashing you, to teach you how to be obedient to them not to God.
That is why you see in the United States today Facebook, Twitter, YouTube will censor people when you show facts that they do not agree with, and they proclaim fact-checkers which is usually lying to censor your information because they have the platform that controls free speech. This is what is called the spirit of the age.
By “it”, we refer to certain attitudes and values in society. This prevailing “spirit” can either be that influenced by biblical standards or by atheistic secularism, or something in between. I will now quote an accurate description of the spirit of the age from a Christian website.
“The current liberal values, absence of moral absolutes, political correctness, false belief systems are all part of this. Such is the rejection of biblical norms in modern Western society, that the ‘spirit of the age’ is a strong current against Christianity. It is also defensive. Dare speak against it and we are rounded on as ‘extremists, ‘intolerant’, and almost guilty of ‘hate-crime’. Today’s much-vaunted tolerance turns remarkably in-tolerant when we speak up for God’s word and His righteousness.”
Be careful of who is teaching your children in school – research about the school before you send your children there.
The conclusion is never to confuse education with brainwashing. It is every person’s responsibility to think for themselves and prove all things.
Do not follow or agree with an issue because the majority has accepted it.
Matthew 7:13-14 “Enter ye in at the strait gate: for wide is the gate, and broad is the way, that leadeth to destruction, and many there be which go in thereat: Because strait is the gate, and narrow is the way, which leadeth unto life, and few there be that find it.”
Isaiah 5:14 “Therefore hell hath enlarged herself, and opened her mouth without measure: and their glory, and their multitude, and their pomp, and he that rejoiced, shall descend into it.”
Choices have consequences. Choose wisely.
The Patriot Miguel Arrindell
Dear Editor,
In what Pro Soualiga considers a timely assist, the Dutch Council of State has shot down the [Caribbean Body for Reform and Development – Ed.] COHO draft Kingdom Law. In what internet blog “Dossier Koninkrijksrelaties” billed as “Kingdom Law COHO in conflict with Kingdom Charter” the stillbirth of COHO was announced. The highest advisory body in the Kingdom issued a scathing 20-page analysis of the COHO draft Kingdom Law and advised Mr. Knops not to present the law in its present form to the Second Chamber, nor to the Parliaments of the islands. It’s back to the drawing boards for Knops and Co.
Pro Soualiga had initiated court action to stop COHO and many of the arguments presented by Pro Soualiga can be found in the Council of State advice. The law was hastily drafted and amateurish in many ways. The Council of State did not spare it.
The islands can now breathe a sigh of relief because one of their major headaches has been resolved. The excessive and needless interference in their autonomous affairs has been roundly criticized by the Council of State and now the Dutch Government is obliged to negotiate with them on a more equal footing.
This advice by the Dutch Council of State underlines one of the ways in which the colonial nature of the relationship with the Netherlands is structured. The report of the Council of Advice of Curaçao was also highly critical of COHO, but it is only the advice of the Dutch advisory body that matters.
The advice was finalized on March 3, 2021, and was not supposed to be made public as yet, but as is the case with those things, someone conveniently leaked a copy to the press, and now there are no longer any secrets to conceal.
This also brings an end to the court action Pro Soualiga was waging to stop COHO. The Dutch Council of advice saw the light and nipped COHO in the bud, albeit for different reasons than Pro Soualiga. Pro Soualiga’s position is that COHO is invalid because the Kingdom Charter conflicts with the United Nations Charter. Obviously, that finding was a bridge too far for the conservative Council of State. However, one does look a gifted horse in the mouth and, besides, there are many roads that lead to Rome.
Pro Soualiga Foundation
Dear Editor,
The Council of State has reviewed the COHO [Caribbean Body for Reform and Development – Ed.] consensus law which was propped up by the honorable Prime Minister Silveria Jacobs and has found it wanting. The Council’s findings will lead many in the governing coalition to begin their high-stepping, back-patting, and congratulatory nods for their perceived personal/political victory.
However, the real question is: How does their personal/political victory translate into tangible relief for the citizens of this country during this COVID-19 pandemic? The realties being faced by a multitude of families on this island who are struggling to put food on the table and meet their monthly financial obligations will not be reflected in the fake victorious verbiage and sound bites that will resonate in the media in coming days.
While the political rhetoric that is to follow may boost the egos of the weak, excuse me, meek, the average citizen is overwhelmed with fears of what the next few months will bring with regard to their abilities to continue to meet their financial obligations for basic survival on a monthly basis.
Knowing that they have the ability to put food on the table, pay for the roof over their heads, job stability, earning a livable wage to maintain their livelihood, the ability to see a doctor and not have to pay out of pocket, and confidently sending their children to school knowing that there in a safe learning environment, is paramount on the minds of the people right now.
While the Council of State report may give credence to the petition to the U.N. submitted by the parliament of St. Maarten, please take note of the entire content and context of the report, as therein lies the unveiling of the defensive strategy that is going to be used against the petition.
In the same breath, the people of this country would like to know when the unveiling of a plan of action that addresses the concerns that are on the forefront of their minds be reviewed and debated on the floor of parliament.
While in victory mode please explain to the people of this country what the Council of State means by “it supports the aim of the Kingdom Act to make the economies and public finances of the countries healthy, strengthen public administration and improve the conditions of the population of Aruba, Curaçao and St. Maarten” as it relates to your supposed victory against the COHO law.
Does the finding of the Council that the State Secretary’s approach was literally inappropriate, and it doubts whether the setup he had chosen would have led to successful results, give any relevance to the governing coalition’s so-called victory and approach for attaining a healthy economy, and public finances?
Does the coalition’s so-called victory strengthen public administration and improve the conditions of the population? Oh, I’m sorry, the “victory” against COHO had nothing to do with having a plan other than “Holland, we need money at all cost.”
Prime Minister Silveria Jacobs signed on to the country package including COHO, and has already begun to implement some of the measures stipulated in COHO, without recognizing that “the division of responsibilities and powers (her powers) between COHO and the government and between COHO and the financial supervision were unclear,” I’m guessing because “Holland we need the money at all cost” was at the forefront of her mind.
The Council of State also found that the COHO had far-reaching powers that belonged to the local national administration (local government) and also questioned how COHO could be a Dutch independent body while functioning under the directive of the Minister of Home Affairs and Kingdom Relations, in essence making him the prime minister of St. Maarten. But “That’s okay,” says our PM, “I accept, take my position, because Holland we need the money at all cost.”
The Council of State also notes that the powers of the Minister of Home Affairs and Kingdom Relations were unlimited because not only did it place him as the director of COHO, but also as the director of the national administration of the county (the Prime Minister of St. Maarten’s boss) replacing parliament as the body approving decisions. But again, “It’s okay, let me initial all the pages of the agreement and sign,” says our PM, because Holland, we need the money at all cost.
The COHO law also gave the Netherlands the ability to change the rules of the game at will, any time during the 7-year period of its implementation, by using compliance to any changes as the trigger for support. That too was agreed to by the Prime Minister because Holland, we need the money at all cost. If this is how the Prime Minister deals with indecent proposals, I am not surprised that a plan to address the non-political issues confronting her people has never materialized.
If the Prime Minister was willing to let herself be steamrolled and sidelined without taking a principle stand on any of the many infractions of her rights and abilities to serve her country and its people as the leader of government, how can the people of this country expect her to stand up for their needs, wants and aspirations to be able to not only provide for their families but thrive in their own country?
Who’s going to ensure that the issues that are on the forefront of the minds of the people of this country and their family’s not get trampled on and sidelined while our government celebrates fake political/personal victories agreed to and signed on to by Prime Minister Silveria Jacobs.
The Council of State rescued the Prime Minister from her own signature. The more pressing question is: Who is going rescue the people of St. Maarten from the signature of the Prime Minister?
Cecil Nicholas
Dear Editor,
The time has reached for us to put our cents where our mouth is, because the Netherlands has put their money where their mouth is. Let me start by saying this has to do with independence, and what I think is not important but what the electorate (voters) of St. Maarten want or need.
For too long now, all the politicians of St. Maarten and Curaçao are toying with becoming an independent country. We should have been already prepared or preparing for independence since 1954. Technically or realistically, we have failed our people for the last 67 years. Wow, that is a massive blunder of all politicians of Curaçao and St. Maarten, who were in government from then to the present.
The Netherlands Antilles was a constituent country of the Kingdom of the Netherlands. The country consisted of several island territories located in the Caribbean Sea. The islands were also informally known as the Dutch Antilles. The country came into being in 1954 as the autonomous successor of the Dutch colony of Curaçao, and Dependencies, and was dissolved in 2010. In 2010, St. Maarten and Curaçao were granted to have their own Parliament, and make most of their decisions for themselves.
Let me get directly to the point. It is time for all politicians in St. Maarten and Curaçao to live and show what they truly believe in. If the Netherlands is so racist, you all should be glad to run like hell from the Netherlands, put independence on the table, and let the chips fall the way they may.
By this I mean that all politicians who believe that now is the time more than ever for St. Maarten and Curaçao to be independent, must (not should) make a contract with the people of St. Maarten and Curaçao to hold a final referendum with only 2 options. The status quo of being a constituent country within the Dutch kingdom, or once and for all be completely out of the Kingdom of the Netherlands.
It is clear that the politicians in St. Maarten and Curaçao love putting on a show, but you all are cowards. If you truly believe in independence for St. Maarten and Curaçao, go to the population and tell them to prepare for sacrifice. Sacrifice, people of St. Maarten and Curaçao that is up to the politicians of your countries to explain to you, that is not the responsibility of the Dutch Kingdom. If you all are not willing to this please, put it up and shut up. The moment of truth is at hand. St. Maarten and Curaçao, please show me your trump card.
The conclusion is, choices have consequences, choose wisely and choose now!
The Patriot Miguel Arrindell
