On January 4, 2008 our group retained the services of Mr. Rick Samuels an Aruba attorney at law.
On that same day a letter to the Aruba Beach Club Board of Directors was sent by multiple means to each board member and to the club offices in Aruba requesting the board to:
Stop the planned voting and refrain from making any decisions on this matter at the upcoming Board meeting. Confirm in writing by January 7, 2008 their intent to do such. Board counsel asked for a one day extension to reply. The exension was granted so we expect a response by the end of business January 8, 2008.
We asked the board to call a special meeting of members to discuss why we need to sell these weeks and to let the membership decide if such sale should even be pursued. Should such sale seem reasonable and the members approve, then another special meeting would be called to approve any sales contract after the membership had time to evaluate the proposed contract.
Since this sales contract of this proposed sale was not made available to the membership we have asked that this contract be forwarded to us for the members to examine and to be given adequate time to detemine for themselves why this is a win/win situation for the club.
Notice was given to the board due to the holiday season and vacaion times that many if not most of the members have yet to receive a ballot and notice of this vote. Since this has occured with such a short time to respond many will be denied their right to consider this proposal. Therefore this vote should be set aside until full disclosure and adequate time to evaluate the full ramifications of the proposed sale has been allowed to the membership. The "Special Newsletter" notice of this proposed action was never posted to the Aruba Beach Club official web site, neither was this proposal emailed to the members as is customary.
We objected to any bulk sale of weeks to any entity or person as this changes the makeup of Aruba Beach Club.
We objected to the sale at 50% discount as there is no financial reason for such a drastic step. The club is solvent and has no urgent need for money.
We objected to any third party having exclusive rights to our resales office and stated our wishes to keep resales "inhouse" at this time.
We notified the Board that we members had been refused a copy of contact information for the members and that we wanted this information on electronic media so we can quickly contact other members to share information that would help the members consider the proposal. We have since been provided a copy machine to hand copy names and address only at $.20 each page. We have asked for complete contact information including emails by today.
We notified the Board that the membership needs full disclosure from the board as to why we need this sale and disclosure of the terms of the contract that go beyond a simple sale of the weeks. This is best done in a called special meeting or placed on the agenda of an annual meeting.
We expect a positive response from the Board by the end of business today.
UPDATE---the board did not respond in writing to anything after we granted them extension to do same and just communicated through the Aruba Beach Clubs lawyer(our club lawyer and money to fight ourselves) to our group (abc members group) lawyer by telephone that they would not respond to our requests. The end result at this time is basically the board has taken the position that they will see us in court.
UPDATE--the judge awarded a STAY until he hears arguments--therefore the board can take no legal action on the sale until the judge makes his judgment. Court date is January 29, 2008
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The court date has been moved to a date yet to be determined in February. The vote results are frozen as part of the stay and will not be available until the judge makes any decisions.
The court date is February 7, 2008.
The Board has decided to withdraw the recent ballot and vote and has stated they will revote this in the immediate future.
The court date is still valid and abcmembers.net continues to seek relief from the Boards actions. The Board in defiance of the legal system of Aruba counted these recent ballots without accounting certification or independent witness and stated verbally and by print that the YES vote won! We will continue to fight this board as they try to force this undesirable sale upon the membership.
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