Awhile back I wrote to you in regards to the Indies Suites situation.
I stated that I was not going to complain. Well, I am writing once again, not to complain, but to state facts, and to remind Mr. Ronnie Foster and Ms Diana Cole why the Indies situation’ is in the courts and the press.
Signed, legal contracts were not honoured by Mr. Ron Foster/Indies Suites.
The contract states: ‘The company shall ensure that all facilities are covered by insurance in amounts customarily carried for such facilities to replace them in the event of destruction’.
This did not happen, as the company notified the members of this issue in a letter it sent out (five months after the sale) to notify the members of the sale of Indies.
Another paragraph states, ‘in the event that the facilities or any part of the Facilities are destroyed or damaged so as to make them unusable by members of the club then and in such a case the company shall contract to restore or repair the facilities within a period not exceeding two years from the date of destruction. Membership shall be extended by the length of time between the damage or destruction and the completion of repair or restoration of the facilities’.
No where that I can see, does it state that the company can sell Indies to be turned into dormitories, and not notify the members of the sale until five months later.
‘Club membership entitles the member to the occupancy of a furnished accommodation unit on the type set out on the membership agreement signed by the member and to benefit the enjoyment of the club facilities during the annual occupancy period of the member each year for a period of 99 years from the 1st day of January,1993’.
Simple math shows this was not honoured either. I don’t see anything here that states that the company can opt to send a letter to members saying that the company feels the members got their money’s worth, thanks for the memories. What about the other 86 years?
‘The company may sell the facilities subject to the rights of the members and may charge the facilities.’
What happened to these rights?
‘The company shall be responsible to the club to ensure that proper arrangements are made for the management of the facilities so long as any club memberships remain in force.’
As I see it, all of the memberships were in force at the time of the sale. So, what happened here?
I apologize for the length of this letter; however, I wanted to make sure that the statements were as stated in the contract so as to alleviate any questions Mr. Foster or Ms Cole may have as to what the Indies situation is about: a legal and binding contract that was not upheld or honoured by Mr. Foster/Indies Suites.
Mrs. Christine Popp