Shadow Home Affairs Minister Maxwell Burgess hit back yesterday at accusations he has refused to pay maintenance fees on his condo.

Shareholders in the Somers Gardens Company are meeting tonight to decide whether or not to evict the United Bermuda Party MP following what they claim is a lengthy and frustrating battle to get overdue cash.

The company?s board of directors stated in a letter to owners that a two-year attempt to collect monthly maintenance fees from Mr. Burgess had resulted in $18,000 of legal costs. The matter went to arbitration in November, 2003, and the arbitrators ruled in favour of the company, specifically: ?re-entry or possession of the premises, all back maintenance owed, and all costs.?

With Mr. Burgess paying some $33,000 for maintenance and legal fees prior to the issue becoming public last week, the company claims he now owes a balance of over $5,000 for maintenance and legal fees outstanding from January.

Though the company said it would not evict Mr. Burgess if he agreed to pay in full all outstanding costs, ?Mr. Burgess has not replied to our letters, has not paid his maintenance, and has not paid the outstanding legal costs.?

Voicing concern about seniors living in the complex who cannot afford a continued legal battle with Mr. Burgess, the company stated: ?A vote will therefore need to be taken on whether the company should pursue the arbitration award in court to have Mr. Burgess evicted. ...This cannot continue, hence the reason for the special general meeting to decide once and for all what action we need to take to avoid any future occurrences and expenses.?

Unable to react to the story last week due to being off the Island, Mr. Burgess yesterday agreed that he has not paid any further fees since the arbitration. ?And the reason for that is very simple. The only property that hasn?t been maintained in all of Somers Gardens is mine.

?I purchased the development rights on a peninsula of property owned by the Somers Gardens Development Company away and separate from the condo development itself. Originally, in negotiating those purchases, I tried to buy the land outright.?

Although that offer was rejected, Mr. Burgess said he was able to buy the development rights. ?It was a question of us maintaining the properties handled separately from Somers Gardens.

?I insisted the two units which were joined be separated so they stood alone and had their own independence within the peninsula, and the peninsula from Somers Gardens.

?Because I never believed myself to be a part of Somers Gardens it would be stupid at best, illogical at worst to pay for and pay to a group of which I was not a member.?

The arbitration, he said, was the result of him feeling he was entitled to view the properties as separate, although the association felt the lease did not reflect that.

Mr. Burgess admitted some landscaping had been done on the property, but said a number of things have not been done, including the major cost of painting the house. ?So the suggestion that some poor and unfortunate pensioners are being drawn into paying for it simply isn?t true.?

He said he would pay the maintenance fees once his house is painted like the others in the area, or he could put the money he would have paid for maintenance towards painting his house himself.

?I have been extremely encouraged,? he added yesterday. ?I have been home for less than 24 hours, but there has been an outpouring of support received from people saying the story was unfair.?