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Original Message:

Re: Manhattan Club Lawsuit (by Nathan Z.):

Hi Deborah! Thanks for your kind words. I understand if owners don’t pay their maintenance fees. It is as you say, an individual decision. But it is not without consequences. Not paying fees prevents the owner from using the property. The MC management has a fiduciary responsibility to secure as much revenue as possible for the owner’s association to maintain the property, by renting out the units which can’t be used by non-paying owners; and those owners are still responsible for any shortfall. And as more owners stop paying, more time becomes available this way. Because MF’s are cumulative in effect. You can’t pay this year and forget about last year if you didn’t pay. Now I know in many cases owners were deprived of use. But the NYAG Settlement makes all that besides the point. And I’m sure there are many more owners who just want out because it doesn’t suit their budget or lifestyle anymore, or because they inherited something they don’t want. Those owners are hoping for any excuse to get out. Those are very different issues from ours, and I doubt that any one “solution” is going to work for everyone. Someone will always be unhappy with the outcome and feel wronged.