Manhattan Club Lawsuit

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Original Message:

Re: Manhattan Club Lawsuit (by Vivien S.):

A sample letter to the Judge Rakower:

Honorable Justice Eileen Rakower Supreme Court of the State of New York NYS Capitol Building Albany, NY 12224 Aug. 10, 2016 Dear Justice Rakower,

I am writing regarding case number 451536/2014: Schneiderman vs Eichner.

My husband and I have been owners of week 52 at The Manhattan Club (TMC) since 1997. Even though we did not experience the problems involving access to the TMC, since we own a fixed week, we have serious concerns over the financial management of the TMC developers regarding the exorbitantly high maintenance and management fees.

The above concerns have escalated since TMC started questionable marketing strategies. Owners of variable weeks were unable to access their timeshares and started defaulting on their maintenance fees. As a result, owners in good standing have to bear the burden of higher maintenance fees to cover the shortfall. Some owners were compelled to sell the timeshare units back to TMC at a fraction of the original cost. TMC then turned around and resold the units at much higher market values. The proceed of the sales go to the developer and are not used to reduce the maintenance fees of owners in good standing.

Furthermore, we have noticed that commercial rentals of the TMC are readily available at many hotel rental sites such as booking.com. The rental proceeds will undoubtedly go to the developers. If this is allowed to continue, the TMC owners have no protection against the unscrupulous scheme of the developers to force owners into default and to buy the unit back or simply foreclose on the unit. In this manner, the TMC developers can continue to sell or rent out the units and make the owners pay the ever increasingly high maintenance fees.

We attended the Aug. 3 TMC annual Member Association Meeting for the first time. It was obvious that the board members were controlled by the management. The meeting was tightly controlled and many pertinent questions were deflected or unanswered. When asked the question why does the TMC charge such high management fee, there was no explanation given. The owners have no rights.

Recently, on Aug. 5, TMC developers motioned to release funds, Motion Seq 005. We implore you to deny the motion until the case is resolved.