Manhattan Club Lawsuit

Just received our bill for maintenance fees and taxes. If not paid by 12/31 they are assessing a late fee of $50 and a 16% (!!!!!) interest. I did the match and it actually comes to over 14% but that's still way over the 16% allowed by law. Am contacting the Attorney General on Monday.

I believe that it's wishful thinking that TMC will apply your check to the NYC tax portion of the maintenance charges. Especially if the check is not made out to the NYC Dept. of Finance but made out to TMC.They will just apply it to your general maintenance fee and subtract it from that. I seriously doubt that the City of New York is going to go through the trouble of collecting and keeping track of 15,000 + complex & varying timeshare "ownerships" on 1 building. That is not their job but the responsibility of TMC. If you default on your tax are they going to seize your timeshare? They would be doing me a favor. It would be interesting to see how the whole tax scheme works as New York State would also be involved as well as New York City.TMC most likely is responsible for sending one check to cover all taxes for all forms of "ownership". If this is wrong then lets uncover the mechanics of how this actually works.This whole thing is immersed in deception and "smoke & mirrors".

Elaine, why do you only want NYS residence owners?

very interested. need more info. are you an TMC owner? am a nys resident.

chris email=cfox863@gmail.com

I also want to know why only NYS residents? We live in VA

We are NYS resident owners of TMC. Would like more information on your offer.

I too am a TMC owner and would like more information. I am a California resident.

Thanks, br

Mrs Elaine Platt, could you please provide more information about your practices? I googled your name and got the following info:

Elaine Platt, 5 Tudor City Place, New York, NY 10017-6853, United States

ELAINE PLATT is registered attorney admitted in New York State in 1971. The registration number is 1160076. The company office is ELAINE PLATT. The office address is 5 Tudor City Place, New York, NY 10017-6853, United States. The county is New York. The phone number is (646) 602-1489. The email address is smartworkout@verizon.net. The law school is BOSTON UNIVERSITY.

(http://opendatany.com/attorney.php?id=1160076)

When I googled the above address no returns for the attorney's office were found.

My wife and I would like to join any lawsuit.

Thank you,

Guillermo and Judy Lazo gwyll3m@gmail.com

When I try to post to this group or send a direct email it gets bounced.

I will if U get enough owners. I have honored my debt but they have not honored the K regarding the Agreement when purchased. There is litigation pending with other Owners & I have already lodged my complaint with the NYS AG. I'm not intending to pay anymore fees going into 2017 probably.

My parents are owners in NYS and I would also be interested in information about a class action.

There is already another one underway as mentioned on here, where the lawyer is asking for $300 to join, correct? If so, would these conflict?

(tmann202 at hotmail.com)

I am curious what the possible ramifications are for not paying the property taxes. I found below website after a quick search, and based just on this it appears that they can take the property, which would be a good thing in this case since my parents can't even use it any more and my research into this started with them asking me if I could put an ad for it on ebay for them so they could get rid of the fees (only to realize you can't give them away).

Does anyone know if they can come after other assets, like your house? If not, I see no reason to pay the MC taxes/fees, in our case for sure.

http://www.nolo.com/legal-encyclopedia/what-happens-if-i-dont-pay-property-taxes-new-york.html

Thank you

I also am potentially interested in joining your class action suit, but live in Arizona (lived in Virginia when timeshare purchased). Is it wise to start a second class action with one already in the works, or would it be more beneficial to join the 2 together? What percentage of the final settlement would your fee amount to? I do prefer that payment method over a fee in advance to join the suit.

Are there any thoughts of there at some point being a penalty for breach of contract for not paying the fees? I need to read my parents' contract when I am home for the holidays.

And would the penalty be more than a year or two of maintenance fees, (which if not would still justify not paying the fees)?

Or perhaps if that were normally a possibility (penalty), maybe there would be leniency due to the NYAG investigation (and MC being in arrears on their taxes)?

The only other risk of not paying the fees seems to be not being included in an eventual settlement (if any), and who knows if that would also be more than a year or two of fees per owner, if that, which if not would again justify the risk of not paying.

It's difficult trying to gauge the risk of not paying the fees. Would be nice if something came of the NYAG investigation sooner rather than later.

At this point, the answer to your question is unknowable. I've written earlier in this forum that there are probably a half dozen different "status" that 'owners' could be in based on their payment of: mortgages, annual maintenance and taxes, and various combinations of these elements over time. If/when this case is ever 'settled' the NYSAG, TMC lawyers, owner's lawyers, other 'class action-seeking' lawyers, and the court system will have to sort it out. It's a very long term mess, 2-3 years, maybe more, in process so far.

Maybe this is why her message is deleted???

Looking through the 522 page book we got when we bought: Page 70-71 says that TMC has the right to a lien against an owner not paying, maximum interest allowed by law if paid more than 15 days after the Timeshare Charges are due and the right to sue for recovery of money. This is repeated in a little more detail on pages 362 and 363. It also says that "NO owner may withhold payment....because of a dispute between...(them and TMC)..." I think we need to push the AG on this being a scam, including them misrepresenting use of the units (renting to non-members) and misusing funds (soaring fees that are 400% higher than the CPI inflation rate, that they are certainly using to feather their own nests AND pay their lawyers to defend them. I have written the AG a letter, a copy going to TMC, that hits on these two points: Non-member rental at less than owners are paying and fee increases far beyond inflation rate.

thomasm832 wrote:

Are there any thoughts of there at some point being a penalty for breach of contract for not paying the fees? I need to read my parents' contract when I am home for the holidays.

And would the penalty be more than a year or two of maintenance fees, (which if not would still justify not paying the fees)?

Or perhaps if that were normally a possibility (penalty), maybe there would be leniency due to the NYAG investigation (and MC being in arrears on their taxes)?

The only other risk of not paying the fees seems to be not being included in an eventual settlement (if any), and who knows if that would also be more than a year or two of fees per owner, if that, which if not would again justify the risk of not paying.

It's difficult trying to gauge the risk of not paying the fees. Would be nice if something came of the NYAG investigation sooner rather than later.

Has anyone tried to transfer your deeded TMC timeshare to an LLC and then the LLC simply defaults on payment of maintenance fees? The end result, of course, is full relief of any personal financial liability. Will TMC allow such a transaction to take place?

Hi, Alex I want to join. Please send survey?

Thanks, Lynn