Mark Warner and the Ocean Club were negligent in my view in not warning guests that this was going on. I also think the resort owners should have had visible security around the blocks. Even the nannies complained that strangers had too much access to the gardens and pool area. As it was any old Tom, Dick or Harry could wander in day or night.
You need to think about what the Ocean Club was and is.
Mark Warner bought the OC around late 2006 for €1.85 million. The figure would not buy you block 5, let alone what most people think is the OC.
MW bought the communal facilities - 24hr reception, crèche above, Millennium area, Tapas area, indoor pool, adults only pool.
The apartments are owned by individuals, not the OC. Examples are Mrs McCann in 5A and Mrs Fenn above. Some owners rented out their property, via a contract with the OC. Some did not.
It is not private land in any way so the OC is not in a position to control access. Example - Mrs Murat nipping out on 3 May 2007 to get bread from Baptista before it closed. Her journey took her between blocks 5 and 6, but as the OC owned neither, it could not regulate such access.