The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

A key player in the long-running Oceania Heights dispute is hoping “to come to a resolution of the outstanding issues” this Monday during a meeting at the Deputy Prime Minister’s Office.

Chris Fleming, who has led the homeowners in their battle with developers at the controversy-torn Exuma-based real estate development, told Tribune Business he was drafting an agenda for the meeting that sought to “get our arms around as many issues as possible”.

The moves come amid rising concerns that conveyances relating to 38 Oceania Heights property sales, which have been handed over by Bahamian attorney Anthony Thompson, may not resolve as many issues as first thought.

Tribune Business sources close to developments said the names and purchase prices on many of the conveyances were incorrect, while the numerous ‘lot swaps’ conducted by the developers made it difficult to determine if the documents were matched to the right buyer.

And, with numerous conveyances dated as if they were completed in 2011, Tribune Business was told Oceania Heights property owners were exposed to penalty surcharges for the late ‘Stamping’ of documents if these were brought forward now.

And, while Mr Thompson had proposed transferring control of Oceania Heights to a homeowners association, sources who have seen the relevant documents told Tribune Business they still left the power in the developers’ hands.

Mr Fleming confirmed these problems to Tribune Business, noting that some conveyances were “for people who don’t own property at Oceania Heights”.

Several persons, he added, had been “swapped out” by Oceania Heights’ principals - Mr Thompson and Canadian citizen, Howard Obront - for land and lots in other Exuma-based real estate developments.

“They have documents for people who don’t own any property there,” Mr Fleming added. “It needs to be addressed.”

He also told this newspaper that the draft Memorandum and Articles of Association for an Oceania Heights Property Owners Association, and supporting documents, referred to “Class B shares where Thompson has some kind of control”.

In an April 19, 2013, letter to Pedro Rolle, the Exuma Chamber of Commerce’s president, Mr Thompson had set out the framework for transferring control of the project’s common areas and key amenities to the Oceania Heights Property Owners Association by June 30, 2013.

Mr Thompson wrote: “A conveyance has been prepared whereby Oceania Heights is conveying to Oceania Heights Property Owners Association common areas in the resort, and the lots reserved for amenities such as clubhouse, tennis court, restaurant and swimming pool (the location of which is being determined).”

The Bahamian attorney added that a declaration dealing with share ownership in the Association; easements; the assessment of common area maintenance fees; and security and accounting issues, had also been prepared.

However, sources who have seen the draft declaration told Tribune Business: “It maintains control in the developer. It doesn’t really transfer complete control.”

And they added of the conveyances: “There’s some progress, but in many instances names are wrong, the purchase prices are wrong, and who owns particular lots is in question, because there were so many switches.

“It is a colossal mess, and it’s going to take a long time to work through it.”

Mr Fleming, meanwhile, told Tribune Business he had a meeting scheduled at Deputy Prime Minister Philip Davis’s office for Monday, May 13, at 8.30am.

Apart from himself and Mr Davis, also present will be Mr Thompson and the Exuma Chamber’s Mr Rolle.

“Pedro [Rolle] has stated he would like to have an open discussion,” Mr Fleming said.

“This is the first time Mr Thompson will be free to speak, and we’re hoping to come to a resolution of the outstanding issues. That’s what Pedro put forward as a goal.

“I’m drafting an agenda item which will be completed today, and will give it to Pedro for him to provide to attorney Thompson,” he added.

“We’re trying to resolve or get our arms around as many issues as possible before we get into that meeting.”