Condo owners in fight with Dart
Britannia Golf Course
(CNS): Homeowners at the Britannia community are suffering “immense disquiet”, according to a spokesperson for the strata, due to a dispute with one of Dart’s web of companies over rights to amenities that they believe came with the deal when they bought their homes. Paul Simon, a representative for the residents, has accused the new landowner of “attempting to sweep aside the legitimate rights of the Britannia owners in order to pursue its own commercial ends”. Cayman Shores Development Ltd, a Dart company, acquired Britannia when it bought the former Hyatt properties earlier this year but so far things have not gone the way owners hoped.
The golf course, as well as the former Beach Suites and its amenities, where owners at Britannia have enjoyed access as part of their ownership, were all closed Wednesday.
In yet another major acquisition by the Cayman Islands’ largest land owner, Dart has not yet revealed the plans it has for the entire site next to its Camana Bay development, leaving the residents in limbo, they say.
Britannia homeowner Paul Simon
“The homeowners at Britannia have, over the course of the last 30 years, bought their properties in good faith with the knowledge that there are certain rights registered in their favour to use the facilities at the Britannia Golf Club and Grand Cayman Beach Suites,” Simon stated in a press release Thursday. “The existence of those rights has long been an attractive feature to owners, residents and prospective purchasers in Britannia. Now we are faced with the threat of the permanent closure of the facilities with no idea as to what Dart has planned for those two properties.”
Simon said that when owners first learned that Dart had bought the old Hyatt site residents were relieved because the derelict Hyatt was an “eyesore for over a decade” and people believed that by buying the site Dart would restore it to “its former glory whilst being integrated within the Camana Bay environment”. But the residents were to be disappointed.
“Within 6 months of that purchase, however, Dart has caused immense disquiet in our community by attempting to sweep aside the legitimate rights of the Britannia owners in order to pursue its own commercial ends,” he said, adding that the residents are now in a legal dispute over their rights.
Dart has said it did not start the issue regarding the legal rights of Britannia owners to the golf course and Beach Suites amenities. In a statement Thursday responding to the Britannia owners, the developer said that Embassy, the previous owners, had questioned whether restrictive agreements should properly be registered on the title of the properties with the Registrar of Lands. When it bought the property, Dart said, it wrote to owners telling them that it would be seeking clarification from the courts over the issue.
The Britannia owners have said that Dart has not responded to their more recent requests to meet them, though the developer has claimed that it has kept the residents informed along the way. The owners believe that Dart has simply shut down the amenities after some 20 years of access enjoyed by residents, denying them their rights as it pursues its own undisclosed plans for the properties regardless.
Dart has closed the golf course because it is not commercially viable, even though the question of the Britannia owners’ rights haven’t yet been clarified.
“Dart has been in regular communications with Britannia proprietors and strata corporations,” a spokesperson for Dart said Thursday. “Dart has advised the three Britannia Strata Corporations and the Britannia Estates Home Owners Association that Dart intends to ask the Grand Court to clarify whether the restrictive agreements should properly be registered. Dart believes that this is the appropriate way forward to enable all interests to be objectively heard and considered so that all owners have certainty about their respective rights and obligations.”
Nevertheless, the amenities are currently closed. While the golf course is now left for the green iguanas to enjoy, the shell of the former Hyatt hotel remains as much of an eyesore as it has been since Hurricane Ivan destroyed it in September 2004, and the closure of the Beach Suites on Seven Mile Beach will now create an obvious hole in the heart of the famous attraction.
Category: development, Local News
CNS, as you can see, the Cayman Compass has not issued an article on this matter. This seems to help prove the rumour that Dart is the real owner of the newspaper company.
Cayman Compass did do a report on this subject, I read it a few days ago. And, no, I have no relationship with that group but would like to correct disinformation.
I am oh so hopeful that you do not work in the court system. Proof! Wow. And they did report it. You really have a problem.
Well the previous government gave him the power and the now government can’t touch him. He soon own all cayman and throw us all out. More to come
Sorry, but do you mean “soon come”?
The sad position is that the absence of awareness, the lack of effective communication (please, not the managed PR Wars) and the perceived loss of owner’s and tenant’s control related to the vulnerability of one’s ‘castle’ or investment, can result in actions that sound minds might have never intended nor even remotely desired.
There’s a mighty force developing to face off against a mighty foe. This is not necessary. Cayman’s international reputation is at risk.
We want our island to be perceived and to truly be a safe investment for Caymanians and for foreign investors. If Britannia homeowners take their plight to the international media, I suggest that many prospective buyers and their wallets may pass over this island. There are many wonderful opportunities around the world in which property investors may invest and enjoy.
People, this is a major third world ‘oops’. We represented that our real estate system had integrity whilst our regulators supported the disciplines and procedures around the purchase and sale of Britannia properties for some thirty years. The government even encouraged and highly recommended the use of local lawyers and local real estate agents who indeed have assisted transactions with their well compensated expertise.
But picture this, we then say, “Oops, representations were not valid”, oh, and for 3 decades. This island’s reputation is most vulnerable to the Dart potential conquest of the Britannia owner’s rights. We are significantly exposed to international creditability.
If Dart has no valid claim, emotional damages may in time heal.
If Dart convinces our authorities that it has no legal respect for the unqualified representations by the original developer, the subsequent property sellers, their real estate professionals and their legal advisers, I suggest that the liabilities to the professions on this islands will complete famously with the reputation of the regulators, and legal challenges will be ever-present in Cayman courts for many years to come.
Figured it would come to this. DART buys up Britannia, hyatt and on and on. Then take away all fringe benefits of the owners (golf course). The beach suites were just shut down possibly because they are just more competition to DARTs new Seafire resort. Britannia owners really have a leg to stand on here especially with the high strata fees they already pay and the golf privilege was built in with ownership. Owners 1 – DART 0
What do strata fees have to do with it? Oh I can tell you massive claims after.ivan, building ingredients being built cheaply costing major claims. Also the owners want to have fancy gardens and pools which adds additional cost. Nothing to do with the facilities and golf.
The stratus have to pay a fee per unit, $250 pm if my memory is correct. So guess what you strata people have just saved $250 per month.
You cannot honestly believe that the Britannia owners will win. Trust me, Dart, years ago will have looked at all the possibilities and bought secure in the knowledge that he would win.
Well said. I see the paid DART PR machine is hard at work again!
Of even bigger concern is the crown land that government has given to Dart as part of the land swap deal, you build a road and pay for it…..we will give you some crown land.
There are areas where condos have been built on crown land, right next to the safe haven gold course. This land now belongs to Dart…..what is to become of these home owners living on newly acquired Dart property?
Has Dart ever been known to sell any of his land holdings?
I think not.
Pretty sure Salt Creek is almost sold out, saw a whole bunch of for sale signs down Yacht Club way and if you were able to read you might have noted a good bit of having been donated to the National Trust. I doth thinketh that you think wrong.
Part if the problem with Darts developments is almost nothing is ever sold. The result is no stamp duty payments to government.
Thought it was only the backward, NIMBY and chip-on-the-shoulder natives that were opposed to Dart’s antics.
Perhaps, until now, Britannia residents assumed they were all on the same side?
Oh well …
Brit owners for years have thought they were elite and welcomed darts purchase assuming they were going to now be part of the camana bay elite lol what a bap bap they got Lots of equalization going on. Good job dart good job
Says the man who knows nothing. Jealousy is never pretty.
The Dart organization is without doubt a plague. Are you Caymanian people mad? “Dart” is absolutely anti-business (i.e. anti-competition) because “it” can buy everything willy-nilly. Are you asleep? When this monstrosity’s tentacles encompass pretty well every aspect of everyday life here, will you finally come to your senses? Do you not understand that the stuff you read in the “Cayman” Compass is unrelentedly part and parcel of this Dart PR machine?
DART produces quality developments to a first world standard. Cayman’s economy, left on its own, produces third world quality at first world prices to allow a small group of capital rich families to gouge more cash from the ordinary people.
No wonder third world doesn’t like him.
Its sad to see what has happened but people have sold their rights away for a few measly pieces of corn to this man.
He has used his money, power and influence as he saw fit to get what he wanted, even if it wasnt right.
But who is to blame, the same people who think they have profited from this man.
In years to come people will say “we never knew this would happen”.
I wont be around probably, dead and gone i hope. But future generations will have to deal with this man and his possesions, rules and laws.
I know this though, me and mine, we aint selling anything to him. We wont have to answer to him.
Their are others that are not so fortunate now. I spoke to an old westbay man the other day. He said had he known then, what he knows now, then he would never had sold his family land to this man. He then drove away in his busted hyundai, hused to drive a mercedes he had bought with the pituful scraps, he thought was alot back then, that he had recived from this man.
Come on people, wake up soon. This man did not get to be this rich by making bad and ethical desicions. He got this rich by being ruthless and uncaring.
Wake up people. Its only gonna get worse. Wht do you think they stopped him in south america.
No, Dart just bought real estate. No-one gave away anything. If Britania owners have the rights to these facilities with their property title, then they will win the legal case. I however don’t think this is so.
I think they will not win, because I have never seen such a legally binding agreement which “runs with the land” i.e is expressly linked to the real estate ownership within Britania (as say a legal easement or right of way, or restrictive covenants on development rights would). Such rights are almost certainly not entered on the land register titles of Britania condos.
So, Britania owners, either you will win your/Dart’s legal case, or you will have the option to sue all your conveyancing lawyers/attorneys for failing to advise you of this potential lack of rights and there being no legally binding framework for continued use of the golf course and Beach Suites, if that indeed happened. That is one of the express duties of a conveyancer/solicitor and it appears to me that this may have been negligently missed by successive attorneys/conveyances over the years.
So right. Having the right to use the golf course or the hotel does not necessarily mean you can force the owner to keep them in business forever.
And what about the Beach? Is that a business too?
So sad, maybe you will have one less vacation to Vail this skiing season due to your tragic situation.
Maybe, but for sure you will walk around another year in cheap shoes…… hating.
Oh you are so wrong, my shoes are fabulous. And I actually paid for them with my own money, that I earned legitimately. Paid full duty on those f-ers too.
Your pitiful whining is noted.
CNS: LOL button pleeeeeassssee!!!!!!!
Total BS meter just went off.
Darts master plan. Shuts down golf & closes Beach Suites. People moan about Britannia,
But the next step is what happens to the old Hyatt , Hemmingway’s , Beach Suites ?
Possibly in the future, the golf course will rise again,with the other properties developed?
More than likely though , I’d guess the golf course will be developed into high end home lots , with water access, to augment his other pet project just several hundred meters down the mangroves: K-mana Bay. Part of the + 30 year plan
Dart buys lands and businesses that the owners are or have run into the ground and can’t make it work. You know he is smart enough to fix them and make them work and work well. Because of that he is hated and feared by the local tribes. XXXXXX If not for all the smart people like Dart this island would have already fallen.
I am not a property owner at Britannia, but do know that what has happened there is happening at Golf Course Communities all over the world, including the US.
Developers come in and sell homes based on the fact that those homes abut a beautiful, pristine Golf Course either owned and developed by the company selling those homes or by those who chose to purchase an equity membership at the course/club. Prices reflect the proximity to the lush surroundings and homeowners are offered “packages” of benefits along with the deed to their home.
Some years later, homeowners become older and no longer utilize the Golf Course. Revenues drop, maintenance is reduced, and an ever-decreasing roster of members look to greener pastures.
Sometimes the course is offered to the homeowners, sometimes it is simply closed, and other times it is sold to an outside developer not interested in the aging greens. This appears to have happened at Britannia. An unfortunate happenstance both for the original owners of the course, and nearby property owners.
There is no free lunch. If you expect to enjoy lush grounds fronting your home, you will either have to pay for it, or encores government to purchase the property and dedicate it to public use facilities such as a public course or public recreation. That does not seem to be practical in this instance, since Dart has the deep pockets that will enable it to hold the property until is is ready for redevelopment or sale.
Rich or poor, millionaires or just working people, when buying a home you need to do your due diligence, and look at all possibilities relating to surrounding properties. After all, what is an aging golf course today could be a waste-to-energy plant tomorrow.
There is still hope however, because whatever is proposed for that property would require a zoning change. Neighbors may (or may not) have leverage there.
We know from history that Dart will get what he wants. Government will give it to him. Both this and the last administration have done so and it will continue. And they will continue to give them concessions amounting to many many millions and then tell us they are broke and can’t afford to do what is needed for the people.
Don’t worry about “zoning” it will happen if he wants it to.
Would love to see how commercially feasible the north sound club is compared to that Britannia golf course! What a load of nonsense that excuse is likely to be
The Britannia owners obviously had access to that beach and golf rights and whatever else for such a long time, it’s beyond belief dart bought the development without having formal legal rulings first and most likely the equivalent of squatters rights will suffice for them if there’s any doubts as to their legal rights…imagine if they don’t have legal rights, how many realtors can be sued for selling units in there with rights of access?! Etc etc!
If I was dart and it was so necessary for me to stiff 170 owners, I’d have had an offer made to them before this went public…buy the rights off them and offer access to whatever he ends up doing opposite camana bay
“Might” is not always “Right”, Google the name Vera Coking and if you care to read this:- http://www.nydailynews.com/archives/news/kicks-sand-trump-face-sneers-donald-bucks-article-1.815484!
I’m shocked at the level of venom against Britannia owners in these responses. What evidence do you have that all the owners are “rich”? What have they ever done to you to justify this level of hate and bitterness? And if Dart can do this to an entire community of people who have paid in good faith for these rights, imagine what they can do to the rest of our society? I am not against development and I think Dart has been an asset to our island, but there’s a line that shouldn’t be crossed here. Enough is enough. I only hope the courts will honour the owners’ rights.
“What evidence do you have that all the owners are “rich”? The fact that this poster could pose this question demonstrates that we have many problems in Cayman. If he/she cannot figure out that compared to the rest of us living in VERY modest circumstances in Cayman, these Britannia people are indeed very rich, then it suggests they have no idea about the country they live in apart from these opulent enclaves on the West Bay peninsula and elsewhere.
Your “hate” of everyone with more money then you is noted.
Thank you. Much appreciated. Now get out of my country and go back to the humdrum housing and lives you had before you came here and were vastly overpaid for doing offshore related jobs that provide no added value (you’re not teachers, doctors or nurses are you) to the lives of the rest of us living here.
You have my pity. The world is mine to live where I want, how I want including what you think is Your island. It isn’t. You hope that I have a life that is bad. It isn’t. I have never been over paid like you and what I am is none of your business. It also is a fact that the Cayman islands would be a much better place to live and bring up children if it weren’t so full of ignorant.haters like you.
CNS we desperately need the troll button to return. There is so much name calling on here.
No added value other than the huge amount of tax revenue it generates that pays for the roads, infrastructure , free education …
Pure Caymunkind.
They are or they wouldnt have been able to purchase a unit duh and for as long as i can remember they have been not so kind to local staff foreign yes hence the majority of their staff as of the last 15-20 have been foreign staff and as a child i can remember 1988 being run off of the beach by an owner telling me to go home this is her beach yup im to go home…..
The judge says, the statue of limitations has run out , and quite possession means nothing , and the case must resume. But I would pay to see this fight .
Dart is the king so just suck it up Britannia!
The Britannia owners/residents are presented here as being rich, not sure if that’s true for all, but I would assume most are at least well to do. I don’t think Dart would really want to “win” a fight with these people, there’s lot of people,[ or as Trump would say, a huge number people, really big, 🙂 ], then only to ultimately be blacklisted. Could you imagine what any merchant renting a Dart property would suffer if this very large group of spenders said, “no thanks Mr. Dart, you cannot have it both ways. We will never support your properties in reward for stealing ours.” To those good souls at Britannia, and those bonus motivated business pros at Dart, be open minded, be fair, find a compromise. We’ll all be better for it.
As Dart gets more and more control over He care less about how we are effected. He is in this to “own and control” our country.
He has deep pockets and cares not about us. Just his total control. He is getting it and until we put real leaders in office he will continue. The sad thing is I sadly regret I think It is too late.
Thumbs up for the trump imitation. Really great.
So many off base comments here. This is simply a case of one group stating they have rights to the golf course and beach suites versus the new owner saying no you don’t even though you have had them for the last 20 years! The court will sort it out. One missing point is that the course wasn’t just for Britannia owners, the Cayman public played there too so they loose out also.
News flash people, it has nothing to do with rich versus poor or ex-pat versus Caymanian so give that rant a rest. And no I don’t live there.
NEW OWNER that says it ALL
Uh, no it doesn’t. It’s called a land titles system where things are registered. You might want to educate yourself a little before making stupid comments. And putting things in CAPS is quite childish. But there you are.
We really need the troll button.
I miss the lol button sooooo much!!!
Me, too! CNS, please reinstate it. Truth be told, I have always laid great store by my lol tally. Yes, I know (all too well, believe me) this might come across as bit pathetic by some “big shots” out there, but it means a heck of a lot to me to be finally recognized for something. Please help me before I talk to my Miami lawyers about damages to my self esteem, “consequential loss of earnings”, and other stuff, okay? Thanks.
CNS: Rest assured, the Troll and LOL buttons will be back.
Simple solution, have Britannia owners offer to buy the golf course from Dart. Oh wait…..that will be a money drain as the golf course can’t commercially survive. Or, have the owners subsidise the monthly cash drain?
Not sure what the owners expect. The new property owner to lose money every month to maintain a course. Face it, the course was part of a hotel resort…..that is now derelict. It’s days (and rock hard greens and marl sand traps) were over. The resort in its day was awesome (cue the Firm and Hackman and Cruise). But Ivan the Terrible knocked it out 12 years ago.
The Beach Suites were tacky and ick. The hotel was no longer commercially viable. Nice beach, but egghhh.
The best thing for the owners is that Dart bought this and likely integrate the land into Camana Bay. Doubtless it will be nice, and your centrally located property will be highly valuable.
Now leave my cute little green iggies alone! Love those little guys.
Oh dear, how sad, never mind. Meanwile kids in Syria are being treated for burns with mud.
Karma sweetheart. Karma
WOW!! No fight like a rich fight!! Now they know how we have felt all years since wealthy landowners started blocking off our beach access. What comes around goes around. Money talks so money will sort it out!!
Other than a few large houses, I don’t think I would label these owners as rich vs the rest of island. These are aging condos, and the few owners I know have a mortgage with payments similar to rent. But use of the golf course was a perk as long as it existed. The condo owners didn’t own the course or Beach suites.
Do the Brittania owners expect Dart to operate a money losing course solely for the benefit of condo owners that don’t own the course?
Yes. Next question, please.
I thought jealousy was a sin in these God fearing islands?
Dart will bully their way to get what they want….never mind right or wrong.
If the Britannia owners wanted a golf course surely they should have all chipped in and bought it themselves
They thought they had, and in effect, perhaps they did?
So…you are saying that the registered and lawful rights and encumbrances of the condo and homeowners mean nothing? I wonder how you would feel if your next door neighbour tried that on you! But there are so many people like you who cannot see both sides. And, by the way wnd for your information the Britannia owners pay a lot to keep the golf course running. Why do you think the strata fees are so high? Also, please note that membership at this golf course has been restricted for quite some time in order to NOT make this commercially viable as well as making a round f golf far far cheaper than the other courses. Do you get it?
There is serious doubt that any covenants possessed by Britannia owners require the course owner to keep a losing golf course open forever. It was nice while it lasted.
Re-open on britannia golf course!…even on a temporary basis….
britannia residents have been moaning forever….our strata fees are too high because of the course….close the course and they still complain……
bottom line is….. you overpaid years ago for your cardboard condo…..
From Cayman Islands to Dartman Islands bobobo..
So far just anti Britannia owner comments on here. I don’t own property there, but I know they are not all millionaires, far from it. However, you have to ask yourself if someone bought up land around your property and started doing things you don’t like, including cutting off access to places you have been visiting for the last 20 years, would you like it? Answers on a post card please….Not the smartest Dart PR..normally they are pretty good at it…you cannot just drive over peoples rights, or even assumed rights. 20 years of accessing something means, I suspect that the owners almost have “squatters” rights even if not fully enshrined in the agreement. I overheard some people talking the other day, the issue is Dart not agreeing to a meeting. The owners would welcome it.
Nobody has the right to compel a private owner to run a business at a loss for their pleasure, even if it was their favorite spot. Sorry, tough break.
No one has a right to sell or buy property and completely disregard 30 years of owners restricted convents, surely the court will not disregard over 170 homes deeds? But Dart has already closed the golf course, shut off the beach access and tomorrow they will be scalping course grass for their Kimpton development (horrible building) XXXX They mislead you by saying the have been “meeting with homeowners” to spin in a more acceptable manner, but they moved on to do exactly what they want before the court has spoken. Dart is like the bully on the island and once he hits Britannia he’s coming for you. Vulture Capitalist or Saint? Venezuela’s number one enemy or Cayman’s blessed angel? You decide and in the meantime say goodbye to real local….Its too late for the golf course today it is soon tomorrows parking lot. We better hope the owners are “rich” because it will take an expensive fight to slow this big bully and protect the future of the island.
I presume you have seen the golf course accounts since you seem to KNOW the business has been making a loss?!
Honestly, who is advising them on their public relations??? They haven’t even met with the owners??
Art Garfunkel? You do know the “owners” are Dart, right?
Hard to feel sorry for all these million dollar home owners when the rest of us have to struggle in Cayman with much more mundane things like nasty neighbors, speeding cars with tinted windows and deafeningly loud music, stray dogs, derelict vehicles, garbage thrown in your yard from passing cars etc.
Dont like it? Feel free to leave.
And go where, hidjut? I was born here and will die here and have never had the opportunity to live in these wealthy communities because I am not a lawyer, banker or accountant.
Never stopped anyone else from leaving home and becoming a lawyer, banker, or accountant. Is it because their country gave them something yours couldn’t?
While I appreciate that this concerning to the Britannia owners, this isn’t rocket science here: DART purchased it and determined the course isn’t commercially viable, so he has closed it. Period. Now if the owners want to strike up a deal with Dart to maintain the grounds and run the clubhouse etc etc during the time when Dart determines the big picture plans, then they should prose that.. To expect Dart to keep spending on a course and facilities that aren’t part of his current plans, just so that ‘golf as usual’ can continue on the greens… that’s pretty unreasonable. Don’t be a bunch of rich folks, squabbling over the loss of your golfing privileges. If you good Britannia folks want to play golf, then propose something that speaks to how you and/or your strata plans to manage things in the interim rather than complaining.
PS.. If you live in Britannia, I suspect you can afford to drive the 1/2 mile up the road and play on the 18 hole championship course.. owned by Dart. Its a MUCH better course 🙂
“Don’t be a bunch of rich folks”? Do these homeowners have any less right to what goes on in their backyard as anyone else? It appears to have been their property rights at purchase. If Dart rolls over the “rich” think what they will do to all of us. Serving papers saying your going to court and taking – closing – removing their rights before due process in that court is pretty telling.
Whereas I can understand how home owners could be upset at losing their golf privileges I think in the long term , love them or loathe them , the quality that any kind of development dart brings will only add value to their homes in the long run . I imagine brittania will eventually merge into camana bay and residents will be able to stroll into the town centre without having to cut out onto a bypass. Meanwhile offer some kind of use of facilities ( even restricted somewhat to quiet periods ) at the Kimpton and then everyone will be happy again .
I know who my money is on. In fact, I’m willing to double down. Any takers?
Ok. I’ll take Britannia
Money burning a hole in your pocket? Buy yourself a nice Brittania condo instead. I hear there has never been a better time to buy!
So it seems Dart has decided ‘whether any rights should have been registered in court’ after the purchase of the property rather than seeking in good faith what they may have been beforehand. Ladies and gentlefolk perhaps now is the time we’ll see whether the Dart machine operates with the moral integrity it parades or the strong arm nitty gritty that some feared is revealed.
Does not look good. Rule Britannia!