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Original Message:

Re: Manhattan Club Lawsuit (by Gail J.):

John - the reason I made reference to a person not paying his/her property taxes or mortgage is because remarks had been made that every timeshare owner should stop paying their assessments. We have seen from some posters on this site that some have never encountered a problem getting the use of their week. I paid more to have a penthouse "fixed" week and that has always been made available to me - the other penthouse week is a "flex " week and I have had problems getting the use of it So - I'm thinking that those who bought a fixed week have probably not encountered a problem obtaining use of their week. They may have an objection to having their assessments increased each year, as I certainly do, but as has been stated here, there are owners who have no problem paying those increased assessments. I just don't think it is wise to encourage people to stop paying their assessments. That person could open himself up to legal exposure with possible damages by urging other timeshare owners to breach their contractual obligations. That's called "third party contractual interference". I can see the scenario where enough owners took the advice and ceased paying their assessments, TMC revenues plummet so bills cannot be paid, the building goes into foreclosure, and those Manhattan Club owners who continued to pay their maintenance fees and never encountered a problem using their weeks end up losing their entire investment. A shrewd attorney might represent them in an action against that person or persons who encouraged everyone to cease paying their assessments. I think Zimmerman, by pursuing each case on its own merits, has a better chance of succeeding than for us to just cease paying and walk away from our "investment" . The property with its location is just too valuable to do that.