Manhattan Club Lawsuit

It may sound crazy but here is an idea that will attract attention from media and other outlets. We should plan dates to picket at MC and possibly in front of the court. Yes it is an inconvenience but sometimes extreme but legal measures must be taken by the abused party-US Thoughts ? I know I am ready....are you ?

Is there a fee to join the class action lawsuit?

galactich wrote:

The real issue is MC has no legal rights to advance offerings to public rentals because there is no such a provision in the Offering Plan nor in the Purchase Agreement. Provision states that units might be rented only if rooms were not reserved by owners. Public reservations could be accomplished not earlier than 48 hours prior to reservations, not like MC is offering rooms to public all year round in advance via travel websites.

Here is the quote from my Offering Plan section "Reservation and Occupancy Confirmation Procedures", pp. 93-95 (check your Offering Plans!): "Use periods which remain unreserved 48 hours to the first night thereof may be offered to rent by the Management Company to the general public".

On the top of the illegalities, that have been practiced by MC, another provision stated that owners should be served on a "first come first served basis" which means if rooms available on travel websites and /or MC website when owner calls MC to make a reservation, that owner supposed to be a "first come" and should be served first.

Obviously, MC has breached a contract.

fibon wrote:

laurah136 wrote:

Those who are not paying their fees are harming those who do. However, I'm sure units are being rented out which should help the bottom line. I do not believe anyone is excused from their financial obligations unless it's done legally. So far that hasn't happened.

Well, it could be formulated vice versa: those who have pleasures for usage and those who got easy reservations via travel sites did harm those owners who were denied. The bottom line TMC was cheating with reservations for over 10 years or since the times it is known to me. Another bottom line is TMC has never provided truthful information and income on public reservations therefore everyone was harmed.

Thanks for the post, that helped me to look into my Offering Plan in regards to reservations. It took me a half a day to find it, the huge book is not indexed, most pages are not numerated, omg!

My Offering Plan has the same statement that rentals could be offered to public when and if 1/ there are originally UNRESERVED use periods by owners remained; 2/ those unreserved periods might be offered to owners who want extra nights, on the first place, in the period of 72 hours before the first night ; 3/ then, if no owners take these remained unreserved periods, rentals might be offered to general public in the period of 42 hours before the first night.

My guess, that's the reason why income from rentals has been camouflaged in all Annual Budgets.

In the upcoming hearing on 3/31, Judge Rakower' Court Room in NYC, the TMC defendants' motion seeks release of monies from frozen accounts to pay legal fees. They are also seeking to use maintenance fees from TMC owners to pay their legal fees.

Item #10 Schedule B on the new 2018 TMC budget provides for $2.6 million for administrative costs and this include legal fees. However, the Timeshare Association is not a defendant in the NYAG's case. We need a more detailed breakdown of the $2.6 million. It's vague and ambiguous. We need to see a breakdown. For all we know they could be budgeting for legal fees.

It is also important to note that they are also budgeting $7,000,000 for a reserve for bad debts! Guess who pays that! The unit owners are subsidizing the consequences of sponsor malfeasance.

I would love to do that however I live in California and have no time to travel this year unfortunately. I would love for someone in New York to contact the local news networks in New York to try to stir up some interest. If we could somehow get some news coverage it would be fabulous. I'm not sure if TMC is still selling units to the unsuspecting public but it would be nice warn anyone who they approach like they approached me while staying at the Park Central. What a sucker I was!

send this info to the NEW YORK STATE ATTORNEY GENERAL, ERIC SCHNEIDERMAN AND TO JUDGE EILEEN RAKOWER.

fibon wrote:

galactich wrote:

The real issue is MC has no legal rights to advance offerings to public rentals because there is no such a provision in the Offering Plan nor in the Purchase Agreement. Provision states that units might be rented only if rooms were not reserved by owners. Public reservations could be accomplished not earlier than 48 hours prior to reservations, not like MC is offering rooms to public all year round in advance via travel websites.

Here is the quote from my Offering Plan section "Reservation and Occupancy Confirmation Procedures", pp. 93-95 (check your Offering Plans!): "Use periods which remain unreserved 48 hours to the first night thereof may be offered to rent by the Management Company to the general public".

On the top of the illegalities, that have been practiced by MC, another provision stated that owners should be served on a "first come first served basis" which means if rooms available on travel websites and /or MC website when owner calls MC to make a reservation, that owner supposed to be a "first come" and should be served first.

Obviously, MC has breached a contract.

fibon wrote:

laurah136 wrote:

Those who are not paying their fees are harming those who do. However, I'm sure units are being rented out which should help the bottom line. I do not believe anyone is excused from their financial obligations unless it's done legally. So far that hasn't happened.

Well, it could be formulated vice versa: those who have pleasures for usage and those who got easy reservations via travel sites did harm those owners who were denied. The bottom line TMC was cheating with reservations for over 10 years or since the times it is known to me. Another bottom line is TMC has never provided truthful information and income on public reservations therefore everyone was harmed.

Thanks for the post, that helped me to look into my Offering Plan in regards to reservations. It took me a half a day to find it, the huge book is not indexed, most pages are not numerated, omg!

My Offering Plan has the same statement that rentals could be offered to public when and if 1/ there are originally UNRESERVED use periods by owners remained; 2/ those unreserved periods might be offered to owners who want extra nights, on the first place, in the period of 72 hours before the first night ; 3/ then, if no owners take these remained unreserved periods, rentals might be offered to general public in the period of 42 hours before the first night.

My guess, that's the reason why income from rentals has been camouflaged in all Annual Budgets.

THERE APPEARS TO BE A CONTRACT (BETWEEN SHAREOWNERS AND TMC PRINCIPALS) WHICH HAS BEEN VOIDED BY ILLEGAL ACTS, ET AL BY TMC.

NO CONTRACT = NO MAINTENANCE FEES PAID

We own MC and have had trouble getting reservations- also the maintenance fees are increasing much too fast. Check the COLA nubers.

alexc100 wrote:

MC owners opened a lawsuite / class action in regards to the MC resrvations.

Everyone who is inerested to join the class action please contact me at alexcrystal22@gmail.com

You will be asked to fill out the Survey and send it or email the lawyer's office. It is urgent! Regards, Alex

solution: STOP PAYING MAINTENANCE FEES. TMC HAS VOIDED OUR CONTRACTUAL OBLIGATION BY THEIR ACTIONS, BORDERING ON THE CRIMINAL, OR AT LEAST CIVIL ACTIONS CONCERNING THE TENANTS OF OWNERS' CONTRACTS.

irenes93 wrote:

In the upcoming hearing on 3/31, Judge Rakower' Court Room in NYC, the TMC defendants' motion seeks release of monies from frozen accounts to pay legal fees. They are also seeking to use maintenance fees from TMC owners to pay their legal fees.

Item #10 Schedule B on the new 2018 TMC budget provides for $2.6 million for administrative costs and this include legal fees. However, the Timeshare Association is not a defendant in the NYAG's case. We need a more detailed breakdown of the $2.6 million. It's vague and ambiguous. We need to see a breakdown. For all we know they could be budgeting for legal fees.

It is also important to note that they are also budgeting $7,000,000 for a reserve for bad debts! Guess who pays that! The unit owners are subsidizing the consequences of sponsor malfeasance.

This is great info (example of breach of contract regarding not renting units withing a certain time period posted above), and helps justify not paying the maintenance fees.

Specific examples of contract/offering plan/purchase agreement breaches by TMC are infinitely more helpful, especially with regard to the AG investigation, than general "they broke their agreement!" statements without indicating what part of the contract they broke. (Additionally, I am not a lawyer but I'm pretty sure that giving misleading statements in the presentations that are not contractually binding, while a shady business practice, is not as valuable to hang them with as violations of signed agreements.)

New York Attorney General versus The Manhattan Club

Honorable Justice Eileen Rakower, Supreme Court of the State of New York 71 Thomas St. Part 15 New York, New York 10013

Next Court Hearing 3/31/17

Thank you Irene for the information. Do you Have the time of the hearing?

Statement that MC is experiencing financial difficulties due to the no-payments is a false flag that has been successfully used by MC and the Board for naive people. Since AG launched investigation in 2014, MC's total income was rising every year !

Total Income 2015: $44,261.742 Total Income 2016: $44,734.587

Total Income 2017: $47,009.535 Total Income 2018: $49,069.387

While owners are struggling, MC is laughing.

thomas,

STOP PAYING MAINTENANCE FEES!.................NOW FOR THE REASONS...................

TMC VOIDED THE CONTRACTUAL AGREEMENTS BETWEEN TMC AND OWNERS, SOME REASONS OF WHICH FOLLOW:

-INITIAL SALES PRESENTATION LIES AND MISREPRESENTATIONS. - RAISING OF MAINTENANCE FEES TO EXORBITANT AMOUNTS. -WITHHOLDING OF OWNERS' RESERVATION AVAILABILITY ( TO RENT TO NON-OWNERS WHILE OWNERS CONTINUE TO PAY MAINTENANCE FEES FOR NON-USE). -SUMMARY OF ALL THE ILLEGAL ACTIONS THAT THE NYS ATTORNEY GENERAL FOUND DURING HIS UNDERCOVER INVESTIGATION OF TMC'S SALES TACTICS AND LIES IN. I BELIEVE, 2014. -TMC'S TOTAL MISREPRESENTATIONS, FRAUDULENT PRACTICES AND EVEN STACKING THE BOARD OF DIRECTORS WITH OWNERS OF THEIR CHOOSING, WHO DO WHATEVER THEY'RE TOLD BY TMC. -NOT ALLOWING OWNERS TO EXPRESS THEMSELVES AND OUR PREDICAMENTS AT ANNUAL BOARD OF DIRECTORS MEETINGS..............

THOMAS, NEED I ADD MORE? IF SO, PLEASE FEEL FREE TO ADD MORE OF TMC'S FRAUDULENT AND SCHEMING ACTIONS THAT I MIGHT HAVE MISSED.

STOP PAYING MAINTENANCE FEES. OWNERS' CONTRACTS HAVE BEEN VOIDED.

chris

thomasm832 wrote:

This is great info (example of breach of contract regarding not renting units withing a certain time period posted above), and helps justify not paying the maintenance fees.

Specific examples of contract/offering plan/purchase agreement breaches by TMC are infinitely more helpful, especially with regard to the AG investigation, than general "they broke their agreement!" statements without indicating what part of the contract they broke. (Additionally, I am not a lawyer but I'm pretty sure that giving misleading statements in the presentations that are not contractually binding, while a shady business practice, is not as valuable to hang them with as violations of signed agreements.)

Chris, you post the same thing every time you post : "STOP PAYING MAINTENANCE FEES "Thats not the Answer, I have been involved in fighting TMC since 2006 regarding Mt.Fees,but I still pay my fees, as its still better than staying at a Hotel if you like NYC, you might fine a deal on hotel rates for say $245.00 per. night but afther tax and fees its really $300.00 per.night,have two kids or friends with you and its $600.00 per.night and it will not be as Nice as TMC, do you know that TMC has a 8.5 rating and a 9.5 for location higher that the Waldorf,yes Eichner is a scam artist ,and if one can't afford the super high MT.. then of course Don't pay them,you can't afford them you can't afford them,but if one likes NYC and you already bought and can afford the fees,enjoy, I Do,let the AG do his thing ,if he does not win anything for us owners, I am sure Eichner will open up back his offer of take back for $100.00 its not about the $100.00 but you walk away not stiffing other owners to pick up none paying owners tab. you don't want to pay Don't But PLEASE stop telling other owners what to do

'

No, Mitchb10 your suggestion to picket the Manhattan Club is not crazy. The citizens, visitors, especially the Mayor and City Council of New York should know what a stain the operation of the Manhattan Club has on the city. In my case, at the age of 90 now 93 I became dependent on a walker. Before, like most owners,I could not get a reservation to MC when I wanted, NOW, because of my condition, I can't physically join your picket, I can't travel anymore, including New York City. I ask TMC to re-purchase my unit, I did not get an answer. You could really add to your suggestion by recruiting a dozen homeless souls to picket TMC and give them free meals in the Park Central Hotel Restaurant which is the same building as the Manhattan Club. I would contribute $500 toward the meals.

alvans wrote:

No, Mitchb10 your suggestion to picket the Manhattan Club is not crazy. The citizens, visitors, especially the Mayor and City Council of New York should know what a stain the operation of the Manhattan Club has on the city. In my case, at the age of 90 now 93 I became dependent on a walker. Before, like most owners,I could not get a reservation to MC when I wanted, NOW, because of my condition, I can't physically join your picket, I can't travel anymore, including New York City. I ask TMC to re-purchase my unit, I did not get an answer. You could really add to your suggestion by recruiting a dozen homeless souls to picket TMC and give them free meals in the Park Central Hotel Restaurant which is the same building as the Manhattan Club. I would contribute $500 toward the meals.

Picket with a restaurant is a glorious idea! Restaurant might be replaced with McDonald's.

I continue to study a thick intricate book called an Offering Plan and I am surprised to discover that I have been ordered to reserve my usage not OUT of 9 months, as urged by the MC customer service, but WITHIN 9 months at any time. I am providing an excerpt from the Offering Plan -

"Owner who wished to reserve less than 7 consecutive nights may submit a reservation request an ANY TIME DURING the 9 months preceding the requested check-in date." See article "Reservation and Occupancy Confirmation Procedures".

I recall clearly at the presentation I was told the same thing. It turns out, I was lied all 10 years of my membership? Is'n that another indication MC violated their own provisions and breached the Contract???

Dear owners! check out your Offering Plans and Purchase Agreements and post results of your exploration.

@howardb21: Did you consider just to make a reservation as non-member at MC at starting price at $99-$199? Subtract your membership ($20-$40 K), make a calculation, and figure out how much money you would have saved through the years.

We need more owners to be part of this suggestion. Trust me a big crowd of owners picketing will get attention. Its ok to complain but lets do it. Lets see if we get a response so we can arrange a date

i have not posted in a while....even if we win this case what are we going to get.....to me the bigger issues, not simply being unable get a room, are the astronomical maintenance fees and the probability that the salespeople committed fraud in their sales approach.. Do we not remember the near promise of our ownership values going up and up...... We can't even sell for a dollar!!

I seem to remember, not long ago, Chris shared that he owns a couple of time shares and pays the fees on one and uses it, but not the other. So I am at a loss as to why he keeps telling everyone else not to pay their fees. I recognize and support that he is doing what is best for him. I apologize up front if I am wrong about what I remember reading.

I thought this forum was a way to share information and keep on top of the investigation until there is a hopeful resolution. I feel each owner should do what's best for them, commensurate with their personal circumstances and until the AG comes to some conclusion, and/or until the situation reaches a point where a group action will help resolve said situation.

howardb21 wrote:

Chris, you post the same thing every time you post : "STOP PAYING MAINTENANCE FEES "Thats not the Answer, I have been involved in fighting TMC since 2006 regarding Mt.Fees,but I still pay my fees, as its still better than staying at a Hotel if you like NYC, you might fine a deal on hotel rates for say $245.00 per. night but afther tax and fees its really $300.00 per.night,have two kids or friends with you and its $600.00 per.night and it will not be as Nice as TMC, do you know that TMC has a 8.5 rating and a 9.5 for location higher that the Waldorf,yes Eichner is a scam artist ,and if one can't afford the super high MT.. then of course Don't pay them,you can't afford them you can't afford them,but if one likes NYC and you already bought and can afford the fees,enjoy, I Do,let the AG do his thing ,if he does not win anything for us owners, I am sure Eichner will open up back his offer of take back for $100.00 its not about the $100.00 but you walk away not stiffing other owners to pick up none paying owners tab. you don't want to pay Don't But PLEASE stop telling other owners what to do

'