Manhattan Club Lawsuit

Thanks for arranging this meeting. As owners sharing many of the same issues as others on this board, My wife and I wanted very much to attend but unfortunately will be out of the country. We would love to see any video, transcripts etc. of the proceedings and are especially interested in any comments made by the experts regarding the non-payment of maintenance fees. Thanks again for your efforts and good luck with the session. mmonsalve@mcmanis-monsalve.com

Most grateful to Jeff, and all others who have organized this event, and for all the help during all these past months. Sorry too far away to attend !!!

Jeff,

Thank you for the information. Unfortunately I now live in Texas and cannot attend. I hope you and all the other owners will champion our voice and do whatever is necessary to make things right. If you want to distribute a formal petition to all the absentee owners I am more than willing to sign.

Regards, Jim Tam 214-669-5401

Thank You very much for organizing this meeting.As I live in Argentina I cannot attend to the August 2nd meeting. I will read future reviews in order to keep updated of the TMC Owners desicions Best Regards for the Organizers and Owners

TO ALL REDWEEK MANHATTAN CLUB FORUM MEMBERS/CONTRIBUTORS:

i have TWO SEPARATE CONTRACTS for one week each at TMC. current taxes have been paid for BOTH contracts. maintenance fees have been paid for one of the contracts, not the other. on/about june 15, 2015 i received two letters of admission to THE MANHATTAN CLUB TIMESHARE ASSOCIATION, INC ANNUAL MEETING, TUES, AUG 4 (having requested them earlier) indicating that i have met the required financial responsibility for the one contract, and that i, in fact, have the right to attend the meeting for based on the contract rules. today, july 20, 2015, i received a large cardboard envelope DELIVERED BY UPS containing the following letter from the manhattan club:

you will need to cut/copy and paste to read the contents, but that should be no problem:

file:///C:/Users/chris/Downloads/MANHATTAN%20CLUB%20DENIAL%202.pdf

i called the mc financial services number provided in the letter today. i was told by a clerk that JOSE ROSARIO of financial/owner services, was on another line and that he would call me shortly. it's now 8:40PM, edt, new york and no call......what else is new? very typical.

my point is that if i paid both maintenance and taxes on one separate contract that, in itself, PERMITS MY ATTANDANCE AT THE MC ANNUAL MEETING.

i would appreciate some responsible feedback on this issue. it may affect others who might be in a similar position. this will also be brought to the attention of THE NEW YORK STATE ATTORNEY GENERAL, ERIC SCHNEIDERMAN AND/OR SERWAT FAROOQ, ONE OF HIS DEPUTIES ASSIGNED TO THE CASE OF THE AG VS TMC.

also note in the mc letter that, "space is limited in the meeting room"................space for this meeting must be made for all owners who wish to attend: if the response is greater than the room allows, more space must be made available....a larger venue must then be provided.

get in touch,

chris

TO ALL REDWEEK MANHATTAN CLUB OWNERS:

regardless of whether or not you can currently attend the MANHATTAN CLUB ANNUAL MEETING, AUG 4, 2015, as an owner you are entitled to get admission letters. call THE MANHATTAN CLUB OWNER SERVICES and request admission letters. who knows, your future plans may change permitting you to attend the meeting.............at least this leaves you with alternate options. my opinion is that THE MANHATTAN CLUB cannot LEGALLY withhold any admission requests from eligible owners. if the number of attendance requests exceeds the number of seats available, then the MC BOARD must change the venue adding more space for those owners who have a LEGAL RIGHT to attend. again, please call for your admission letters.............. regardless of whether or not you can currently attend. YOUR PLANS MAY CHANGE.

stay well. hope you can make the meeting.\

chris

Hi Chris,

One point of confusion for me is that we all signed Powers of Attorney for them to control everything - 1 for the Timeshare Board and 1 for the Condominium Board. Hence their ability to change our Deeds without our knowledge or permission as they could do so without letting us know and continue to revise documents. All were changed from Single Commercial Residential to Timeshare back in approx. March 2014. They probably got wind of the AG Investigation around that time. Any thoughts on this? I don't know if there is a legal obligation.

Also, this is the FIRST year they are holding the Board Meeting on a Tuesday instead of a Saturday so... it seems they're trying to keep the meeting small on purpose. I've never bothered to go because it's all very controlled. I know they have asked people (pre-AG) to leave in the past if they "didn't behave," so to speak! Thanks, Corinne

I just received today an official letter from the MC saying that I won't be allowed entrance into the meeting because my dues are not current. My contract starts September 1st of each year and ends August 31st. I paid my dues for this year and in my mind I am still current. I have not attempted to book any dates for next year since learning about the AG's action against the MC. The funny thing is that I requested tickets to the meeting back in June and they sent me two tickets. Has anyone else experienced this? Bill

Today our letter was mailed to the AG Eric Schneiderman outlining our complaints and urging him to attend the meeting on August 2nd organized by Redweek.com barbarad439

hi bill, i received a similar letter; circumstances somewhat different: i have 2 separate and distinct contracts for one wk each. paid current taxes for both; paid maintenance for one. also received 2 letters authorizing entry to aug 4 meeting.

hope you plan to attend our meeting on aug 2; there may be attorneys there who can help with our MC ANNUAL MEETING ATTENDANCE ISSUES.

hope to see you at the sunday, aug 2 meeting.

ps: my current decision is to use the letters i received to gain attendance at the tues, aug 4 MC meeting, unless i am advised by an attorney otherwise.

I am unable to attend either meeting next week. At the Aug. 2 meeting, could you please discuss the issue of whether or not to pay maintenance fees for next year? Ours are due Aug. 1 and we would like to try to book at least a couple of rooms for next year to get something out of it, but they probably won't book them without payment of fees. However, if they are going to close down or if they are allowed to continue the scam, I do not want them to have another year of my money, especially now knowing that Eisner is pocketing most of it. Patty

....................NOW THE KICKER: i own two separate contracts for one week each purchased at different times. to date i have paid taxes on both contracts, but paid maintenance on only one contract. that being said, the letter informed me that since i wasn't up to date on ALL my MC financial obligations, i am no longer eligible to attend this meeting. i called financial services and leave it like this: i was treated like dirt by one of directors (i beleive ms hicks). i asked her for the legal background concerning the letter of denial to attend. she told me i had the letter and "that's it". i asked her to direct me to the legal document and background that allows the DEVELOPER (READ EICHNER) to bar me from the meeting. "i'm not a lawyer. you have the letter, and that's what says you can't enter the meeting premises." (some of this is literal quotes, some paraphrasing what she was told to say by her bosses.....

and so it goes...............

keep in touch. hope you can attend the owners' sunday, 8/2/15 meeting

This is so typical of the way the Manhattan Club treats its owners. We should get the press involved.

I encourage all TMC owners to read latest legal papers filed in AG's case, as of Friday July 24. Very revealing. Neither side conceding a thing. We will discuss these developments and everything related to the case --- that pertains to owners --- at our Aug. 2 meeting in Manhattan. For those who cannot attend, we will provide information and audio afterwards.

Meeting will convene 1:30 Aug. 2, NYC Seminar and Conference Center, 721 w. 23RD Street (near 7th), Suite 515, rooms 1-3.

FYI, Schneiderman and Eichner probably won't participate, despite fact that this is an important meeting for their customers. Might be a backbone problem. Their reps are not elaborating.

Jeff:

I'm sure you were in a hurry in your last post, but the address is 71 W. 23rd, NOT 721. Also, according to their map, the NYC Seminar and Conference Center is near 6th Avenue, not 7th Avenue. I wouldn't want anyone to get lost trying to find the venue.

In a more substantive vein, have you arranged for press coverage? The AG's activities related to the Manhattan Club haven't had a lot of publicity lately, and this might be an opportunity to ramp things up.

Jeff: Can you provide a link to the latest AG filing?

With any Legal Investigation, neither side can publicly discuss anything as each would be held legally liable for every word. This is just fact.

(The same applies to Civil or Criminal Court cases brought AFTER an Investigation.)

Fact: It would be legally irresponsible to discuss this investigation at any owners meeting or to make any public statements BY ANY OF THE INVOLVED PARTIES, INCLUDING THE AG's OFFICE!

This, again, is not my opinion. It is very frustrating for we owners but it is the Truth.

https://iapps.courts.state.ny.us/webcivil/FCASeFiledDocsDetail?county_code=l5nksLCfyBs3Cw1feoXbOw%3D%3D&txtIndexNo=xCxQR26y611hf40GeaK4Dw%3D%3D&showMenu=no&isPreRji=N

This HOPEFULLY SHOULD take you to DIRECTLY TO ALL DOCUMENTS filed by both sides since the beginning. Scroll to bottom for most recent filings. .

You can also sign up for an eCourts account and get emails every time a new document is filed. To find all the documents, you would need to click on the Case #451536/2014.

Interpretation for now.... Even though this is still AN INVESTIGATION, Eichners, Lager (the Attorney who signed all our documents and allegedly took $600,000 from a "frozen" bank account) ARE TRYING TO GET THEIR PERSONAL NAMES OFF THE INVESTIGATION AND LEAVE THE LLC's ONLY as Defendents.

All the motions, cross-motions, on & on are related to this right now so we're at a stall point. The next Court date is 8/17/2015 so all the battling back and forth won't be heard by a judge until that time.

Everything is about getting their names off so they don't have to take personal responsibility. Andrew Meier filed documents as to why the Individuals Should Stay on the Investigation and now the documents to get Individuals, most recently Scott Lager, are being filed.

Filings DO NOT EQUAL Decisions!

Decisions by the Court have to wait for the next Court Date.

I just started following this. I have been an owner for 16 years. I would like to know if I can attend the meeting on August 2? Also, who organized the meeting, what is the purpose and about how long will it last? Thanks, Arnie

corinnes32 wrote:

Hi Chris,

One point of confusion for me is that we all signed Powers of Attorney for them to control everything - 1 for the Timeshare Board and 1 for the Condominium Board. Hence their ability to change our Deeds without our knowledge or permission as they could do so without letting us know and continue to revise documents. All were changed from Single Commercial Residential to Timeshare back in approx. March 2014. They probably got wind of the AG Investigation around that time. Any thoughts on this? I don't know if there is a legal obligation.

Also, this is the FIRST year they are holding the Board Meeting on a Tuesday instead of a Saturday so... it seems they're trying to keep the meeting small on purpose. I've never bothered to go because it's all very controlled. I know they have asked people (pre-AG) to leave in the past if they "didn't behave," so to speak! Thanks, Corinne

I do not remember signing a power of attorney. However, can't a power of attorney be revoked? Arnie