PHILIPSBURG--Rainbow Beach Club homeowners, developer Rainbow Beach Club Limited and management company Sabra N.V. continue to be at loggerheads over the Cupecoy property. The two sides were back in court on Friday afternoon over the maintenance contract.
Judge D.M. Thierry will give a ruling on the homeowners' injunction on February 3 at 8:30am.
Several owners gathered outside the Courthouse on Front Street with placards decrying the Erato family, the developers. They drew the attention of cruise passengers and other visitors in town who were curious about why they were protesting.
Attorney Jairo Bloem, who represents the majority of the homeowners, filed an injunction seeking to stop the management company from resuming its contract after a self-termination on December 31, 2011. The company informed homeowners recently that it would resume its duties.
The homeowners also are seeking the removal of the management company's exclusive power of attorney. That would give them the right to appoint a new company.
Bloem said the services "sucked" and were "under par." He argued that the developers were using "divide and conquer" tactics by threatening or removing services such leaving lights off in corridors and lagging on security.
Attorney Mark Kortenoever, representing the developer, said the developer had told the homeowners it would resume the contract until they were able to take it over.
The owners have been fighting for some time now to secure what they term their right to manage the property with a company of their choice. Due to this, the developer moved to terminate the management contract, but subsequently decided to resume it.
Kortenoever said the developer was concerned about the proper management of Rainbow, which is classified as a hotel. He added that the developer had requested proof that if the group of homeowners took over the management they would assure continued services to members of the other Rainbow homeowners associations.
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