I hesitate to post this as this thread took on a life of its own. But i think it's important because there was a ton of discussion about this.
We received this as part of our Spring Summer update.
It appears the lawyers are still going to be making money,
Litigation Update
As mentioned in our Fall-Winter 2010/2011 Owner Update, over the past few years, the Association has been defending lawsuits filed against it in Aruban Court by an Aruba Ocean Club Owner, Allan Cohen. This Owner, Allan Cohen has demanded access to the personal email and home mailing address information for all Aruba Ocean Club Owners. We are pleased to report that on March 16, 2011, the Aruban Court, for the second time, issued its verdict in favor of the Association. This means that the Association’s governing documents have been upheld and our Owners' personal contact information will be protected.
For the sake of clarity and transparency the following is a translation of the ruling by the Aruban Court:
“Judge in this Court, adjudicating:
Declares Cohen [Plaintiff] to have no cause for action, in as far as the claims serve to order AOC to give Cohen data from the register;
Dismisses Cohen’s other claims;
Orders Cohen to pay the costs of the proceedings, until this day estimated at Afl. 3,150 in respect to attorney’s fees.
This judgment was given by Mr. H.E. de Boer, Judge, and was pronounced in the public session of Wednesday, March 16, 2011 in the presence of the Clerk of the Court.”
We had hoped that this verdict would finally put to rest the expensive and unmeritorious lawsuits filed by the plaintiff against the Association over the past few years. Unfortunately, we have recently learned that the plaintiff has formally filed an appeal which will force the Association to continue to pay for legal expenses to defend your privacy. The Association’s Aruba attorneys tell us that the appeal could take up to a year or more and estimate that it will cost the Association well in excess of $10,000.00 to defend the appeal. As a result, Allan Cohen will have forced the Association to pay in excess of $200,000.00 in legal and related expenses over the past several years.
Your Board Members have personally reached out directly to the plaintiff on several separate occasions over the past year-and-a-half in a good faith effort to find a compromise that would put this matter to rest once and for all. Knowing that the plaintiff’s stated objective is to be able to communicate with Ocean Club Owners through his personal website, the Board offered to provide Owners with the plaintiff’s personal website address in a series of regular Owner communications. Unfortunately, Allan Cohen flatly rejected the Board’s settlement offers and refused to enter into negotiations. The Board is as frustrated over this matter as many other Aruba Ocean Club Owners are.