TAPRC loses battle in court, members to meet on Friday

August 24, 2011 6:37 AM

SIMPSON BAY--Friendly Island Properties Ltd. (FIP) achieved what it termed "an important" victory against the Tenant's Association of Pelican Resort Club (TAPRC) and the Special Foundation to Safeguard Interests of Pelican Resort Club (SBBPRC) in a verdict handed down by The Court of First Instance last week Wednesday.

This verdict establishes and safeguards the democratic right of a certain majority (10 per cent or more) of the members of TAPRC to call a special membership meeting to discuss matters that the member(s) deem important. The court ruled that FIP legally had called the Special General Meeting set for this Friday, July 8, 2011, in accordance with the TAPRC Articles of Association, and granted the resort members the right to vote on their future.

According to the PR firm representing SBBPRC, this verdict puts an end to FIP's long battle to convince the present TAPRC board to respect FIP's right to request a special meeting of members to address some cardinal issues. FIP's quest to have a special meeting called by the TAPRC board started in October 2010 and spans nine months.

FIP's first request that the TAPRC board call a special meeting was made on October 6, 2010. This request was turned down by the TAPRC board on November 2, 2010. On March 18, 2011, FIP called for yet another meeting after it became obvious that the TAPRC board would not listen to reason and amend its previous unjustifiable refusal to honour FIP's request.

In response to FIP's second demand, the TAPRC board stated on March 25, 2011, that it would call the meeting to address all the agenda items presented by FIP. However, the TAPRC board did not live up to its word and subsequently decided, again "without justification or substantiation," to refuse FIP's request.

"When FIP realised that the TAPRC board was going to once again refuse to act in accordance with the TAPRC's own articles, FIP called its own special general meeting for July 8, 2011.
"TAPRC proceeded by calling another meeting on June 4, 2011, and misleading the members of TAPRC by informing them repeatedly that this was the 'one and only official meeting,' thus discouraging the members from attending or otherwise participating in the July 8, 2011, meeting called by FIP," a press statement from the SBBPRC PR firm outlined.

The TAPRC board then denied FIP entry to the very meeting that was supposedly the only "official meeting," despite the fact that even the TAPRC board had previously agreed in writing that FIP was a TAPRC member in good standing. The TAPRC board then attempted to block FIP's July 8, 2011, meeting by filing yet another injunction petition.

"Despite the TAPRC board's subsequent attempts to confuse the issue, the Court of First Instance in St. Maarten ruled today that FIP is a member who was entitled to legally schedule the meeting of July 8, 2011. This means that the TAPRC board illegally refused on two (2) occasions to adhere to the demand of FIP as a member of TAPRC to call a special meeting of members to address several pressing issues.

"The ruling of the Court of First Instance in St. Maarten is a victory for all members who seek to safeguard their democratic right to have the board of TAPRC actually convene a Special General Meeting and address subjects that the members deem important, such as: the outrageous amount of legal claims and court cases, the skyrocketing legal fees, and the dubious and possibly fraudulent transfer of all assets of Pelican Resort Club, the owner company, the former proprietor of the resort, to the so-called special interest foundation SBBPRC, for nothing," according to the press release.

"The meeting will be held this Friday, July 8, 2011, at the resort and with this current verdict members can now participate in the democratic decision-making process. A second meeting has been tentatively scheduled for July 11, 2011, as a backup date if a quorum is not reached on July 8, 2011," the statement read.

It is FIP's understanding that the special General Meeting will be broadcast live on the Internet. Members are advised that the chairman of the meeting of July 8 and 11, 2011, may accept proxies up to the start of the meeting at 9:00am July 8, 2011, and July 11, 2011.

(Source: The Daily Herald St. Maarten)

7 July 2011