# Not paying MF due to Hurricane



## Traveler 2022 (Dec 14, 2021)

I read in different Forum subjects that the "Non judicial, anti deficiency laws" are determined by the state where the property is located. Does anyone know what the law would be for St Maarten? In particular a Diamond property, if that makes any difference. Own a "Right To Use" and mortgage is paid. But MF is behind by two years.

The resort was closed for a couple years due to hurricane Irma damage and rebuilding.
Then they started to bill partial maintenance fees for two years, then 2021 they came back fully opened.

At this point, they are just sending Annual maintenance fees with added late fees; and a notice that I am behind.
I think they adjust the collection rules for this year, because there may be quite a few that are not paying like myself.
I spoke to them last year about a "deed back". They said they only offer the "Transitions" program, but it sound vague and non-committal to me at the time.

It is Diamond and I'm not sure what kind of history they have for collection on MF only?


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## CanuckTravlr (Dec 14, 2021)

First, Sint Maarten (the Dutch side) is not a "state", but a country, so the process is different from that in any particular US state.  Their legal system is based on the Dutch legal system, so not really similar to US jurisdictions.  As far as I understand, there is no separate timeshare legislation in Sint Maarten, which previous timeshare owners have discovered to their chagrin when something goes wrong.

The French side of the island (Saint-Martin) is formally an overseas Collectivité of France and is therefore governed under French law.  The French legal system is also quite different from the US legal system.  I do not believe that the legal concept of "non-judicial, anti-deficiency" exists on either side of the island.  It is a uniquely American concept.  If you truly want to get out of your obligation, why wouldn't you take the time to explore your options under Diamond's "Transitions" program?

While the Diamond resorts on Sint Maarten are outside the US, Diamond itself is a US-based corporation, now owned by HGV.  I'm not a lawyer, but depending upon the the terms of the purchase agreement, they may be able to enforce any non-payment in US courts, or via US collection agencies, if you are a US resident.  You may want to check your purchase agreement documents, since they will often specify the jurisdiction under which the agreement is governed and can be enforced.

The Diamond resorts in Sint Maarten, based on comments I have read by Diamond owners on this and other forums, seem to have been quite fair in the treatment of owners after the devastating damage done by Hurricane Irma in September 2017.  The resorts had to be substantially reconstructed and were fully refurbished and upgraded in the process.  As I understand it, once they had some sections available for occupancy, they started to charge partial maintenance fees. With full availability it makes sense they would resort to full billing of maintenance fees.

While we have not stayed in the DRI resorts on the island, we know several people who have.  The resorts are in a great location and get good reviews.  Everyone seems very pleased with the quality of the renovations.  It would seem to me over the longer term, even if you are initially behind by two years on your maintenance fees, that it would still be a good deal.  Paying for some type of holiday package to vacation on the island in similar accommodation would likely cost more.  What's changed that you no longer wish to use your timeshare "right-to-use"?


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