Manhattan Club Lawsuit

hello kathleen77,

ok, stop paying maintenance fees. it's your choice, good or bad. however, i suggest your consideration to join zimmerman's suit vs TMC. you already noted that you're out over $50k. another $1,250 as a retainer fee probably won't break your bank and may prove profitable at the end of the day. give this some thought. most TMC owners have lost out in one way or another, by criminal fraud committed by eichner. this is a chance to fight back (obviously no guarantees are offered, but still, it's a positive action to seek retribution.........rather than do nothing.) as you said, "......live goes on." but it could be a better, financially satisfactory life.

kathleenf77 wrote:

I agree with John H 1000%. My husband and I owned a penthouse suite for 14 years and as of January 2019 we have stopped paying our maintenance fees. Out of pocket over $50,00.00. But life goes on.

To Gail,

How do you follow Zimmerman's progress? Yes, I am aboard with Zimmerman.

hello jerome k15

contact zimmerman via one of the following:

CONTACT ​ E-MAIL JMZ@ZIMLLP.COM ​ PHONE (908) 768-6408 ​ FAX (908) 935-0751 MAIL 233 WATCHUNG FORK WESTFIELD, NJ 07090

jeromek15 wrote:

To Gail,

How do you follow Zimmerman's progress? Yes, I am aboard with Zimmerman.

John, I will agree with you 100% on your statement that everyone should stop paying their maintenance fees. I stopped paying 3 years ago. As long as owners keep lining the pockets of TMC they will continue to screw us all even more than we have been.

John, Kathleen, Becky and others who may not understand what you have purchased. My 2 deeds show that I purchased ownership in the building and land - those are very valuable assets. When you stop paying your annual assessments, you in essence are hurting yourselves .We timeshare owners own the building and the land in fee simple- we (not Eichner) are The Manhattan Club The major part of the maintenance fees you pay are to pay the taxes, insurance, operational expenses, the staff, utilities,and reserves caused primarily because other owners have ceased paying their annual assessments. etc. You are urging all owners to stop paying - where do you think that will get you? Nowhere!! The building ( which you and other timeshare owners own) will have a lien placed upon it for non payment of taxes and it will be sold. You'll get zilch. What is even worse is that Eichner's cronies will be in the wings and will probably purchase the building and land at a huge discount. They will get a valuable asset for pennies on the dollar and then can convert it to a hotel. How will Eichner be hurt by what you are suggesting all owners do? He will be hurt only if he continues to own some of the timeshare weeks which is doubtful and he loses them in the foreclosure. So, please explain to me what you think will be accomplished by all owners ceasing to pay their annual assessments?

And John, you erroneously pointed out that the courts may look at Zimmerman's past record and dismiss these cases he is now bringing. - that is absolutely false - he has a law license so he is able to continue to practice and the courts can not base their decisions on his past actions - the facts are entirely different. As I pointed out earlier, I have a law degree and there are a number of attorneys who get censured and fined by the courts and they continue to practice. Cases are decided on the merits - not on the attorney's past behavior. So, as long as Mr. Zimmerman has a law license, he will be able to represent clients and practice law. He is the best bet at this juncture and I totally agree with others that $1250 is a small price to pay if we are able to obtain some relief from this miscarriage of justice.

Also agree 100%. Stop paying your maintenance fees. As many of us have previously stated this issue would come to a conclusion for all owners in 2019. Most of you are aware of HOA dues. Lets say each year your HOA dues increased 30%. You would go to the board meetings and get it resolved. If nothing happened the community as a whole would just stop paying until the issue was resoled. Paying all or a portion of TMC's maintenance fees does one thing. Give TMC a reason not to solve the issue. So, if you want to keep this issue going for another 10 years by all means pay your fees.

If something happens in court, which it will not, there will be a legal case a lawyer, with time share expertise, can now present to the judge.

To Gail and others who continue to pay fees.

Simple facts We have experienced annual fees that have risen due to over billing We have experienced inability to get our time because mgt oversold units as well as rented our units to the public and pocketed the money Our units are being rented as hotel rooms each and every day

Why should we feel the need to pay anymore fees to the outfit who had stolen from us for years. Let them reallocate nightly rentals to pay expenses.

For those who paid 30 to 50 k. For something now worth nothing and say. Such is life. Is absurd.

If Eichner is fighting to keep some control and spending millions on lawyers ,he knows it has value. How come our owners are not fighting back Still paying Still getting screwed And not standing up and just making excuses

Hey, have you ever asked the question on who these people are - Mr. Bodoh and Mr. Tucker - who want to take the the powers of attorneys and the owner's will to take the responsibility to developing the TMC in the future? Are they the business, legislative people, who are they? Did you hear their programs or new Offering Plans for the updated Timeshare ownership? What are the perspectives for those owners who wold desire to exit from the TMC ownership?

Why is it that some people attack those with whom they disagree?

Becky F. doesn't believe someone who got a trial package. Yes Becky, they did that years ago. Sidney--Called someone stupid. he said "stupid is as stupid does." Quoting Forest Gump makes sense. Gail J said someone had mental issues or may be a management plant. Karl H. said someone's message was frivolous. Chris V. said someone's message was revolting and sickening. There were many more. Some of you post like someone who lives on Pennsylvania Avenue tweets.

Attacks on people and/or their messages does not enhance one's opinions. Could it be that the number of Zimmerman sign ups are not going well? If they were I think they would be included in a post. That would encourage others to sign up.

And Chris--Don't you post enough, frequently screaming with CAPITALS, without criticizing someone's grammar and spelling? If it was a person that agreed with you, I'll bet you would let it slide.

I just enrolled in a class at my local Community College called English as a second language.Tamil is my first language.Chris V inspired me to take this step.My goal is to be able to string together so many English words and say so little of substance.I would like to thank Gail J for pointing out my need for mental health treatment,I wonder if she would share the name of her psychiatrist with me.My post was described as frivolous sickening and revolting. I merely pointed out that I pay my maintenance charges and that I always enjoy my stay at Manhattan Club..Perhaps I will get the opportunity to meet some of you on the 26th floor and have an adult beverage together I will pickup the tab.Oru nalla nal or have a nice day in English

Gail, I fully understand what I purchased. By everyone stopping payment you will get this matter into a courtroom much more quickly then the path that is now being taken. It really is that simple. At that point I would hope that the owners (us) would be willing to hire an attorney(s) to represent us who has experience in this area. It would also open Eichner et al to discovery where we could really demand that he be ordered to provide documents showing us where all of the money has gone over the years, including the nightly rentals, how much he oversold units etc - thus leaving himself open for a fraud charge. Criminal charges will lead to a civil settlement in order to avoid jail. Even in a normal case it is a very long road to complete a foreclosure. This is not a normal case and I believe that the courts would move slowly given that there are potentially thousands of victims in this case who were defrauded so I am not concerned about losing the building itself. We are not just investors who lost money, we were conned.

As far as Mr Zimmerman's past record, I do not believe nor agree that a court would not take notice of his prior record. There is no doubt in my mind that Eichner's attorneys will be the first to point it out and say that the current matter before the court is a continuation of his practice of bringing frivolous cases before the courts. There appears to be another case in Texas from a couple of years ago where another judge was accusing him of the same or similar actions. I have not had the time to see how that case and/or the allegations against Mr Zimmerman were resolved. As I said in a prior post, I wish those who have enlisted Mr Zimmerman's services the best of luck. I hope I am wrong but.....

tulipblossom wrote:

John, Kathleen, Becky and others who may not understand what you have purchased. My 2 deeds show that I purchased ownership in the building and land - those are very valuable assets. When you stop paying your annual assessments, you in essence are hurting yourselves .We timeshare owners own the building and the land in fee simple- we (not Eichner) are The Manhattan Club The major part of the maintenance fees you pay are to pay the taxes, insurance, operational expenses, the staff, utilities,and reserves caused primarily because other owners have ceased paying their annual assessments. etc. You are urging all owners to stop paying - where do you think that will get you? Nowhere!! The building ( which you and other timeshare owners own) will have a lien placed upon it for non payment of taxes and it will be sold. You'll get zilch. What is even worse is that Eichner's cronies will be in the wings and will probably purchase the building and land at a huge discount. They will get a valuable asset for pennies on the dollar and then can convert it to a hotel. How will Eichner be hurt by what you are suggesting all owners do? He will be hurt only if he continues to own some of the timeshare weeks which is doubtful and he loses them in the foreclosure. So, please explain to me what you think will be accomplished by all owners ceasing to pay their annual assessments?

And John, you erroneously pointed out that the courts may look at Zimmerman's past record and dismiss these cases he is now bringing. - that is absolutely false - he has a law license so he is able to continue to practice and the courts can not base their decisions on his past actions - the facts are entirely different. As I pointed out earlier, I have a law degree and there are a number of attorneys who get censured and fined by the courts and they continue to practice. Cases are decided on the merits - not on the attorney's past behavior. So, as long as Mr. Zimmerman has a law license, he will be able to represent clients and practice law. He is the best bet at this juncture and I totally agree with others that $1250 is a small price to pay if we are able to obtain some relief from this miscarriage of justice.

hello christopher,

it was overall annoyance with the shabby TMC treatment of us owners that prompted my criticism of your comments and grammar and spelling. i admit to this moment of rudeness. however, you might reconsider your comments regarding TMC (to which you are entitled) which the majority here would not subscribe to. therein lies my response to yours, considering the aggravation concerning what most of us experienced because of the actual criminal fraud committed against us owners by TMC's developers and management. i hope you will accept my comments here in peace, and, "Oru nalla nal" to you as well.......and permit me to pick up the tab on the 26th floor!!

christopherf82 wrote:

I just enrolled in a class at my local Community College called English as a second language.Tamil is my first language.Chris V inspired me to take this step.My goal is to be able to string together so many English words and say so little of substance.I would like to thank Gail J for pointing out my need for mental health treatment,I wonder if she would share the name of her psychiatrist with me.My post was described as frivolous sickening and revolting. I merely pointed out that I pay my maintenance charges and that I always enjoy my stay at Manhattan Club..Perhaps I will get the opportunity to meet some of you on the 26th floor and have an adult beverage together I will pickup the tab.Oru nalla nal or have a nice day in English

Mr. Zimmerman actually sends posts to this site and we also learn of progress through some of the members here who are in close contact with him.

John- obviously you do not understand the concept of what you have ownership in. We as individual owners do NOT get billed separately for the property taxes on the Manhattan Club property. There is one bill sent at the end of the year and the taxing authorities look to that entity, which is the Manhattan Club, to pay with one check. So, if the Manhattan Club which is us ( the time share owners) have no funds because you have advocated that all owners ceases paying the assessments,, the property will have a tax lien placed against it and it will be sold. End of story. There will not be a hearing where several thousand time share owners appear to contest the actions of Eichner in order to get relief from paying the property taxes. As far as what you outlined about some proposed settlement by Eichner later on, that is what has already transpired. There was a settlement agreement proposed and accepted and that issue is now moot. Zimmerman is approaching this on a case by case basis - not a class action suit. The one that the Attorney General was looking into dealt was a type of class action suit and there will be no "do over". Unless there are new grounds enumerated, there will be no rehashing of what was investigated by the NY Attorney General. My belief is that our assessments have been increasing in part because a lot of the owners have ceased paying their assessments. I am certainly not pleased with how they have increased either but if everyone stops paying their assessments, we will lose the building and the land. Think of it this way - you own a house with a variable mortgage interest rate on it and that mortgage interest rate continues to increase each year so you stop paying your mortgage- do you not understand that the bank will place a lien on your house and it will be sold? Or say your taxes go up each year so you decide to stop paying your taxes on your house - I can assure you, your house will have a tax lien placed upon it and it will be sold. That is exactly what will happen if there are no funds to pay the taxes on our building and our land known as the Manhattan Club. Is that what you would like to see happen?

Richard, did you cancel your Power of Attorneys with ACRIS? Those POAs require and empower the Timeshare and Condominum Boards to pay the taxes. It looks like you're being charged the property taxes for the entire unit, not your 1/52 or 1/104 portion.

gail,

this is not a response to your comments to john. i simply want to clarify one point which you might not have contemplated:

whatever municipal real estate tax you pay for the weeks you own at TMC are indeed paid in bulk by TMC. however, you can/should get a tax payment breakdown for your individual tax burden for income tax deduction purposes. i have done so in the past through the financial services office, and was given my separate tax amount obligation.

tulipblossom wrote:

John- obviously you do not understand the concept of what you have ownership in. We as individual owners do NOT get billed separately for the property taxes on the Manhattan Club property. There is one bill sent at the end of the year and the taxing authorities look to that entity, which is the Manhattan Club, to pay with one check. So, if the Manhattan Club which is us ( the time share owners) have no funds because you have advocated that all owners ceases paying the assessments,, the property will have a tax lien placed against it and it will be sold. End of story. There will not be a hearing where several thousand time share owners appear to contest the actions of Eichner in order to get relief from paying the property taxes. As far as what you outlined about some proposed settlement by Eichner later on, that is what has already transpired. There was a settlement agreement proposed and accepted and that issue is now moot. Zimmerman is approaching this on a case by case basis - not a class action suit. The one that the Attorney General was looking into dealt was a type of class action suit and there will be no "do over". Unless there are new grounds enumerated, there will be no rehashing of what was investigated by the NY Attorney General. My belief is that our assessments have been increasing in part because a lot of the owners have ceased paying their assessments. I am certainly not pleased with how they have increased either but if everyone stops paying their assessments, we will lose the building and the land. Think of it this way - you own a house with a variable mortgage interest rate on it and that mortgage interest rate continues to increase each year so you stop paying your mortgage- do you not understand that the bank will place a lien on your house and it will be sold? Or say your taxes go up each year so you decide to stop paying your taxes on your house - I can assure you, your house will have a tax lien placed upon it and it will be sold. That is exactly what will happen if there are no funds to pay the taxes on our building and our land known as the Manhattan Club. Is that what you would like to see happen?

an FYI to all TMC owners,

copy and paste the following:

https://www.tstodayjoin.com/2018/08/22/breaking-news-restraining-order-granted-manhattan-club-timeshare-association-inc/

all TMC owners,

i received the following email from TMC today:

THE MANHATTAN CLUB

Read Now THE MANHATTAN CLUB

Important material is available for your review.

IMPORTANT MESSAGE TO ALL MANHATTAN CLUB OWNERS REGARDING THE 2019 ANNUAL MEETING OF THE TIMESHARE ASSOCIATION.

All correspondence regarding this year's Annual Meeting of The Manhattan Club Timeshare Association will be sent to you by Broadridge Financial Solutions, Inc. Please take a moment to read the attached message carefully:

Important

Materials

Notice of Meeting

copy and paste the following:

https://materials.proxyvote.com/Approved/MANCLU/20190430/NOM_395575.PDF

does anyone know who stephen prial is? i never heard of or from him.

We also received the notice of meeting. I did a search for Stephan Prial, unfortunately, I did not find anything substantial except for his name appear in this Lawsuit. Scanning this document, obviously, it's been in the system for 8+ years. So that we don't have to ready all 300 pages, can you provide a high level overview?

My husband and I have been trying to sell our timeshare for 2+ years. We are thoroughly frustrated with the lack of availability. Our last couple of visits the rooms were in terrible condition, and we just want out.

Thank you, Maria and Biff.

chrisv126 wrote:

all TMC owners,

i received the following email from TMC today:

THE MANHATTAN CLUB

Read Now THE MANHATTAN CLUB

Important material is available for your review.

IMPORTANT MESSAGE TO ALL MANHATTAN CLUB OWNERS REGARDING THE 2019 ANNUAL MEETING OF THE TIMESHARE ASSOCIATION.

All correspondence regarding this year's Annual Meeting of The Manhattan Club Timeshare Association will be sent to you by Broadridge Financial Solutions, Inc. Please take a moment to read the attached message carefully:

Important

Materials

Notice of Meeting

copy and paste the following:

https://materials.proxyvote.com/Approved/MANCLU/20190430/NOM_395575.PDF

does anyone know who stephen prial is? i never heard of or from him.

hello maria & biff,

we have TMC frustrations in common. i assume yours includes the ultra-exorbitant maintenance fees. the only overview of the mess that all TMC owners are in is with a biased opinion: don't be too hasty to give up your ownership for nothing. if you haven't already done so, consider joining zimmerman's lawsuit. there are no guarantees of outcomes, but there might be a legal chance of beating eichner and not totally trashing our investment in purchasing shares of TMC.

i also googled stephan prial, and got nothing. i forwarded his letter and the voting information to zimmerman for his opinion. (i sent him his retainer fee over one month ago.) keep in mind that joshua wirshba, eichner's right-hand man, is noted as the person to send resumes of board candidates' interest to run. i thought wirshba went out with eichner. TMC seems to have the opinion that they're above the law. they seem to have broken many portions of the nysag's SETTLEMENT, as bad as it might have been for owners.

marial425 wrote:

We also received the notice of meeting. I did a search for Stephan Prial, unfortunately, I did not find anything substantial except for his name appear in this Lawsuit. Scanning this document, obviously, it's been in the system for 8+ years. So that we don't have to ready all 300 pages, can you provide a high level overview?

My husband and I have been trying to sell our timeshare for 2+ years. We are thoroughly frustrated with the lack of availability. Our last couple of visits the rooms were in terrible condition, and we just want out.

Thank you, Maria and Biff.

chrisv126 wrote:

all TMC owners,

i received the following email from TMC today:

THE MANHATTAN CLUB

Read Now THE MANHATTAN CLUB

Important material is available for your review.

IMPORTANT MESSAGE TO ALL MANHATTAN CLUB OWNERS REGARDING THE 2019 ANNUAL MEETING OF THE TIMESHARE ASSOCIATION.

All correspondence regarding this year's Annual Meeting of The Manhattan Club Timeshare Association will be sent to you by Broadridge Financial Solutions, Inc. Please take a moment to read the attached message carefully:

Important

Materials

Notice of Meeting

copy and paste the following:

https://materials.proxyvote.com/Approved/MANCLU/20190430/NOM_395575.PDF

does anyone know who stephen prial is? i never heard of or from him.