Manhattan Club Lawsuit

kevin 631

you are not venting!! you are stating facts!

your frustrations and thoughts are wrought from shabby, fraudulent treatment by TMC.

no one is or can be sure if and when it will be safe to visit nyc. right now, it's a veritable ghost town. it's been visibly taken down by COVIS-19 as shown by media pictures and articles. WE NEED MORE OF YOUR AND OTHER OWNERS' INPUT regarding the matter of reservation time relating to the life and death warnings of the CORONAVIRUS PANDEMIC. it is TMC's fiduciary duty as our BOARD MEMBERS to be proactive in safeguarding owners' health, safety, welfare and life and death issues. if we need to sue them regarding this matter, LET'S DO IT. this response is not directed to you individually but to all owners affected by the issues presented here. we need their comments and backing, as i have often said, WITH A UNITED FRONT.

leon and i have been tossing around ideas about how and why each owner should each send a similar request to the TMC reservation department and to all BOD MEMBERS REGARDING EASING THE RESERVATION MAKING AND BREAKING PROCESS WITH THE CORONAVIRUS/COVID-19 PANDEMIC AT THE FOREFRONT of our request. SENDING NOTICE OF OUR REQUEST TO TMC SHOULD INCLUDE COPYING MAYOR DE BLASIO.

leon and i both asked for relaxation of the reservation penalties, but so far, to no avail. leon even appealed to mayor de blasio in this behalf, with the CORONAVIRUS at the thrust of his message. he's awaiting a response from the mayor's office.

kevin631 wrote:

I have always paid my maintenance fees each year however this time is different. The question that I am deliberating is:Why should I pay “The Manhattan Club“ now thousands of dollars in fees when I am not sure when or if New York City will be open for a vacation within the next few months. Also the fact that “The Manhattan Club” has shown no consideration or flexibility to the owners that already paid their maintenance fees for vacations at this time continues to bother me. Finally, constant phone calls and bills in the mail that I continue to receive from the Manhattan Club for the last two months further proves to me that this matter is annoying and unjust. Thank you for allowing me to vent my frustrations and thoughts.

here's a letter recently published by mayor de blasio's office. some of it does not directly apply to or affect TMC owners, but there are implications that are definitely related.

THE MAYOR'S OFFICE OF MEDIA AND ENTERTAINMENT

UPDATE ON CORONAVIRUS MAY 6, 2020

Dear Friends,

This week gives us several opportunities to honor many of our fellow New Yorkers on the frontlines of the COVID-19 crisis: Teacher Appreciation Week (May 4-8), International Firefighters Day (May 4), Building Service Workers Day (May 5), National Nurses Week (May 6-12).

While our frontline workers continue to ensure public health and safety, please be assured that the Mayor's Office of Media and Entertainment (MOME), along with our colleagues in City government, continues to do whatever we can to keep our media, entertainment and nightlife communities informed about the City's response, available resources and opportunities to assist relief efforts.

As the conversations about restart and recovery continue to develop, as announced last week, Mayor de Blasio has convened a Fair Recovery Task Force with civic leaders, a Taskforce on Racial Inclusion and Equity with officials from across the Administration, and a series of Sector Advisory Councils with industry representatives staffed by city agencies. I am honored to have been asked to serve on the Equity Taskforce, and also to staff, along with MOME's Senior Executive Director of Nightlife Ariel Palitz, the Arts, Culture and Tourism Advisory Council. I look forward to working with our colleagues and partners to build a more inclusive and equitable recovery for our beloved city.

To complement our work on the Mayor's committees, MOME will continue to engage our industry stakeholders in restart and recovery planning through focused sessions with working groups. MOME's "Town Calls" last week drew more than 1,700 workers, freelancers and artists and over 500 small business owners from media, entertainment and nightlife. The sessions featured representatives from the NYC Department of Consumer and Worker Protection, the NYC Department of Small Business Services, the Labor Policy division of the Mayor's Office of Policy and Planning, the Mayor's Office of Immigrant Affairs, and the U.S. Small Business Administration, who shared updates and answered questions about relief programs and services available for small businesses and workers impacted by COVID-19. Video links of the sessions are available on MOME's COVID-19 Resources Page, which also includes links to the resources shared during the sessions.

Our municipal television network, NYC Media, continues to broadcast 24-7 programming and information about the COVID-19 crisis on NYC Gov, including live video coverage of Mayoral press conferences, COVID-19 public service announcements, emergency alerts, and changes in City services. NYC Gov is available on Spectrum 74, FiOS 24, Altice 74, RCN 81 and over-the-air broadcast Channel 25.2.

Finally, I want to call your attention to a couple of updates:

NYC Civic Impact Funding: NYC Service is offering one-time grants of up to $10,000 to New York City-based non-profits and community-based organizations engaged in volunteer efforts to support COVID-19 relief efforts. The deadline to apply is May 11.

Census 2020: New York City is lagging behind the rest of the U.S. with only a 44.6% response rate. Census information is used to determine the City's fair share of billions of dollars in funding as well as the number of seats we have in Congress. Now more than ever, we need every New York to participate. Just 10 questions will impact our ability to rebuild and recover. If you haven't already, please fill it out and spread the word. For the latest updates, follow us on our social media channels on Twitter, Facebook and Instagram or visit our website at www.nyc.gov/mome.

As always, please feel free to reach out with any questions, concerns or for support.

Stay strong and be safe.

Sincerely,

Anne del Castillo Commissioner Mayor's Office of Media and Entertainment

Mayor's Office of Media and Entertainment nyc.gov/mome

I'm a long-time owner who also received a form letter denying my request for extending my reservation scheduled for late June. I applaud the initiative for getting to the Governor and Mayor, but the Manhattan Club may not top their agenda. How about playing a media card? I live in the Washington, D.C. metro area, and the ABC outlet here, WJLA, has a program they call "7 on your side." There they take up complaints by consumers and pursue fraud and graft from irresponsible and criminal landlords and merchants. Usually they are successful in getting the issue raised and some compensation for the complaint. I'd think the NYC media might love to jump on something like this during this pandemic, and a little research into the past missteps of TMCNY and the AG ruling provides a nice backdrop. Anyone have contacts with a similar broadcast station in the City willing to take up--and publicize--our cause?

Hi

Continuing with some more information sent in my letter to Mayor De Blasio .......”Please see a copy of my email to TMC Customer Services Department dated April 22nd (attached) and their response (attached). It is obvious that they have done anything to address the above listed issues.” Redweek.com website under Manhattan Club lawsuit indicates the frustrations of owners concerning the lack of caring and guidance by TMC during the current crisis. It was indicated that other major hotel companies have already issued directives to help protect their owners health and well being. TMC has done nothing. We would appreciate it very much if one of your new task force groups could look into this situation and advise us.........”

Thank you

good day, all owners,

i share with you (again) my email to gabrielled@tmcny.com concerning a reservation time extension due to the deadly CORONAVIRUS/COVID-19 PANDEMIC, and her subsequent response as of april 26, 2020. I shared the same email with eachTMC BOARD MEMBER. i will be repeating the same email this week (perhaps with some modifications) but with an additional recipient, mayor de blasio.

i recommend that all of us email gabrielle dzwonkowski with similar requests to allow us to carry over unused time, without penalty, and offering us reservation time extensions due to the covid-19 life and death pandemic. proactivity is a must. in your email to gabrielle, consider adding cc's as follows:

timeshareboard@manhattanclub.com; the "timeshareboard" address is for all regular TMC board of director members; and the following non-sponsor board members...patti.tmcny@gmail.com; jdunphytmcny@outlook.com; bbb174@aol.com. the non-sponsor board members are, respectively patricia soltys, james dunphy and robert ballot; they are all TMC owners, just like us!!)

4/26/20

good morning gabrielle, i sent the following email to your office on 4/20/20. there's been no response to date. please inform all owners of how TMC will react to this life and death issue regarding covid-19 and the extension and carry-over of their reservation time without penalty. thank you:

to reservations (gabrielle zwonkowski)...gabrielled@tmcny.com

my email:

"due to the devastation to us all from the coronavirus pandemic, i am asking that you extend my time, which ends on august 15, 2020 to november 15, 2020 for the safety of me and family and others regarding timely resumption or reservation time and social distancing.

thank you for your understanding regarding this serious life and death matter."

the following is gabrielle's response in part:

"Rest assured, there will be correspondence sent as soon as we move past this challenging time."

i have not seen any such further TMC correspondence regarding reservation time extension. has anyone else here?

Gabrielle Dzwonkowski's (gabrielled@tmcny.com) full response to my email:

Good Morning

Thank you for contacting Member Services. Please note that we are currently not carrying over any time or offering any extension, as there has been no change to the offering plan. However, the Executive Office is aware of the situation that a number of owners find themselves in due to this unprecedented situation. Rest assured, there will be correspondence sent as soon as we move past this challenging time.

Thank you,

Gabrielle Dzwonkowski

Member Service Specialist

200 West 56th St. New York, NY 10019

T: 800.891.3570 F: 212.453.8107

TMC appears not to be in compliance with the nys governor, nys mayor nor the CDC's guidelines regarding the PANDEMIC, e.g., social distancing, with so many people in TMC at the same time because so many would want to use their reservation time simultaneously. with no amendment to TMC's reservation policies, this creates a clear and present danger and an illegitimate loss of reservation time in the midst of this life and death CORONAVIRUS/COVID-19 PANDEMIC.

if you are affected by this reservation issue debacle and find yourself unable to use your time because of your and guests' health and safety concerns, notify gabrielle, et al, asap. leonh and i might produce a common letter with room for appropriate personal reservation time to fit individual situations. however, your own personal correspondence will help.

“Crisis doesn’t create character it reveals it”

my latest correspondence via email to TMC:

ms dzwonkowski, my original email to you, partially amended:

due to the devastation to us all from the coronavirus pandemic, i am asking that (you) the board of directors extend my reservaton time, which ends on august 15, 2020 to november 15, 2020 for the safety of me and family and others regarding the timely resumption with health considerations of reservation time extension including social distancing considerations per the CDC.   additionally, i am adding that this request will help put owners even more timely beyond the current time period's dangers of contracting  COVID-19.  this should be a major TMC health and safety consideration.  please remind the board of directors to note this email and respond to it in a timely manner.

thank you for understanding the major seriousness of this matter and that i will soon have a positive response to this request.

part of your response to my last email stated:

"Rest assured, there will be correspondence sent as soon as we move past this challenging time."

so far, there has been no such further correspondence.it is essential that i know well in advance that my reservation time has been extended so that i can plan my TMC visits accordingly.  this is especially imperative since i am considered an at-risk person if affected by CORONAVIRUS/COVID-19.

i look forward to your timely response and to the board of directors' understanding amendments to the reservation policies.

chris

ps: FYI the following is your response to my original email:

Good Morning

Thank you for contacting Member Services. Please note that we are currently not carrying over any time or offering any extension, as there has been no change to the offering plan. However, the Executive Office is aware of the situation that a number of owners find themselves in due to this unprecedented situation. Rest assured, there will be correspondence sent as soon as we move past this challenging time.

Thank you,

Gabrielle Dzwonkowski

Member Service Specialist

200 West 56th St. New York, NY 10019

T: 800.891.3570 F: 212.453.8107

here's the response i received from robert ballot, TMC OWNER/BOARD MEMBER regarding extension of reservation time due to the life-threatening CORONAVIRUS/COVID-19 issues:

Robert Ballot 8:13 PM (36 minutes ago) to me

Chris,

COVID 19 is causing many issues that affect TMC. Your Management and Board are working on issues that can support we Owners.

You should be hearing soon about a resolution to this dilemma.

Let's keep in touch with each other about your requests.

Best, Bob Ballot,

Owner-Board Member TMC

perhaps, regarding this reservation dilemma, robert ballot's response might lead to important considerations for all owners affected by the current reservation issues. i'm looking forward to continued and positive communication with mr ballot. remember, he's one of us, AN OWNER, as well as a TMC BOARD MEMBER. i was impressed that he took the time and had the gumption to respond to my email.

Thank you

first off, stay well, kevin!!!

on a lesser (but still important) note, TMC's conclusions regarding reservations related to the COVID-19/CORONAVIRUS PANDEMIC make no sense; in fact, they seem discriminatory, contradictory AND CONFUSING.

future guests can "... reserve and cancel upcoming reservations due to the current crisis without financial repercussions." on the other hand, owners that hold current and upcoming reservations are being told no extension of time is allowed. this doesn't follow parallel considerations and does not follow the specific and definite guidelines of the CDC. maybe i'm missing something here. it also does not address the issue of owners who have reservation time available through for example, august 15, 2020, yet to be made. they definitely would need an extension as well, to perhaps november or december, 2020, or beyond, to hopefully clear a path to reopening reservations within a healthier and safer climate.

also, the 30% discount that you cite (on what?) baffles me.

to be continued.

and, lastly, ...........stay well, kevin.

kevin631 wrote:

FYI: Manhattan Club is allowing future guests to reserve and cancel upcoming reservations due to the current crisis without financial repercussions. (Along with 30% discounts) However “owners”that hold current and upcoming reservations are being told no extension of time is allowed. This offer can be viewed on “The Manhattan Club” Internet Page.

Stay well

Why does it come as no surprise that once again we long-time owners who are paying exhorbitant annual maintenance fees (far greater than staying in any one of many hotels in NYC of equal quality) are being treated so VERY unfairly and rudely! We had reservations for next weekend and cancelled way back at the beginning of the first advice to stay-at-home; our reservation year ends mid June and we were refused to make future reservations beyond that date. We, too, were advised that managment was still considering future course of action but that we would not be given a replacement reservation beyond June, 2020. Even the airlines are offeriing cancelled resevations to be used up to year 2022. Being once again disappointed and also furious, we have advised that we will not pay our annual dues, which we have paid on time for 20 years, until and unless we get satisfaction! PERHAPS if every single owner joined in not paying it could possibly be a wake-up call?

barbara d,

please consider doing the following:

email/contact/involve TMC reservation department, with copies to all board of directors members, of the necessity for positive action in owners' behalf regarding the CORONAVIRUS/COVID-19 and the timing adjustments for our reservations (in accorance with CDC GUIDLINES). writing of our individual tales of woe here on redweek is valuable to an extent. contacting the source of our dismay and resolution of owners' rights will hopefully prove more effective with desired and deserved results.

don't wait for a future time to email/contact the reservation dept with your request for a reservation time extension. do it now as you're still thinking (bothered/annoyed) about it. this is not something that's a matter of choice on TMC's part. it's a matter of following CDC GUIDELINES. if TMC's response to our need for a reservation time extension isn't honored, the CDC should then be notified of TMC's defiance of its guidelines.

personally, i doubt that not paying the exponentially exorbitant maintenance fees will affect our need for a reservation time extension. i think getting the request for an extension under these dire health circumstances has a better chance of being honored with a strongly-worded demand to the RESERVATION DEPT AND ALL MEMBERS (BOTH SPONSORED AND NON-SPONSORED) OF THE BOARD OF DIRECTORS, prominently referencing the CDC GUIDELINES. of the three non-sponsored members of the board of directors, also a TMC an owner, robert ballot, is the member who answered my email to the reservation dept. (i cc'd him and others my email,) i hope my current faith and confidence in him to work in owners' behalf remains throughout this extension request process.

should you decide to email the reservations dept, my strong suggestion is to send a cc to the following board members:

timeshareboard@manhattanclub.com (management board members) patti.tmcny@gmail.com (patricia soltys, non-sponsored) jdunphytmcny@outlook.com (james dunphy, non-sponsored) bbb174@aol.com (robert ballot, non-sponsored)

i hope other owners in this reservation extension predicament will follow suit in making similar requests to TMC reservations dept.

our issues will not begin to be solved unless and until we all act proactively and soon.

let us know of your interaction regarding this matter.

barbarad439 wrote:

Why does it come as no surprise that once again we long-time owners who are paying exhorbitant annual maintenance fees (far greater than staying in any one of many hotels in NYC of equal quality) are being treated so VERY unfairly and rudely! We had reservations for next weekend and cancelled way back at the beginning of the first advice to stay-at-home; our reservation year ends mid June and we were refused to make future reservations beyond that date. We, too, were advised that managment was still considering future course of action but that we would not be given a replacement reservation beyond June, 2020. Even the airlines are offeriing cancelled resevations to be used up to year 2022. Being once again disappointed and also furious, we have advised that we will not pay our annual dues, which we have paid on time for 20 years, until and unless we get satisfaction! PERHAPS if every single owner joined in not paying it could possibly be a wake-up call?

Hi

The New York Times reported that Broadway shows will not reopen before September 6th or later. This is an indication of the situation in NYC. Money will be returned for show tickets held. TMC likewise needs to extend the reservation periods without penalty. Continue to contact TMC about this.

leonaedh,

there are precise and specific references regarding the extension of reservation periods posted by you and me here on redweek.com.

either other redweek responders are not divulging their actions about this important matter, or they're not being proactive about it.

as you noted about b'way tickets refunds, the same.." TMC likewise needs to extend the reservation periods without penalty..." relates to TMC.

the current life and death pandemic issues extend nationwide and, in particular, NYC. there must be appropriate recognition and action regarding this devastating health issue by TMC.

re-notification to mayor de blasio and further reaction to TMC is essential to resolve this pressing matter.

leonaedh wrote:

Hi

The New York Times reported that Broadway shows will not reopen before September 6th or later. This is an indication of the situation in NYC. Money will be returned for show tickets held. TMC likewise needs to extend the reservation periods without penalty. Continue to contact TMC about this.

I think if thousands of us stopped paying right now - yes a very big message would get thru. I can’t in good conscience contribute to this fraud any longer. Time is up.

sue,

without a doubt, i feel and share your frustration many times over. we've been seeking and working for solutions to the TMC MEGA PROBLEMS, scams, fraud and schemes for "OVER 315 pages" here on redweek and for untold hours, weeks, months, yes years, in our own corners of the world.

we have made few, if any, positive strides with all of our attempts/efforts to win retribution over the fraudulent crimes perpetrated against us by TMC. some of us continue doing so via this forum and through attny j-m zimmerman's lawsuit...(for those of us who chose to join his suit.) some of us are still attempting to remain proactive toward this end...fair victory over TMC assaults against us.

fyi, i own 2 weeks, a one-bedroom and a penthouse. since i live in a nyc suburb, it's convenient to drive to nyc and enjoy a day or 2 (of my 7 days) during the summer and fall months...in the one-bedroom. so i bite the bullet on this one; however, i'm not totally KRAZY; the penthouse suite maintenance fee remains in arrears. my situation is probably somewhat different from many other owners. also, i'd be rather pissed off to lose my initial investment by not using, at least, the one-bedroom. (AS YOU'VE SEEN IN PREVIOUS RECENT PAGES HERE, THE CORONAVIRUS/COVID-19 PANDEMIC ADDS ANOTHER DIMENSION TO THE PROBLEMS OF RESERVATION TIME EXTENSIONS. WE'RE WORKING ON THAT MATTER.)

i assume i'm in a middle ground setting here: paying and not paying maintenance fees to suit my needs, so i can empathize with your decision.

another fyi, i would sell both my shares/weeks to TMC (or the highest bidder) for near or close to the current new york city real estate market value for similar properties..... the current pandemic notwithstanding at this time.

if you can suggest any other strategies or plans to win this battle against TMC, i'd suggest you share them with zimmerman, and he can pass this info on to those of us in his lawsuit/litigation. if you have strategies to share, please do not publish them on redweek.com.

SPIES ABOUND HERE!!

sueo79 wrote:

I think if thousands of us stopped paying right now - yes a very big message would get thru. I can’t in good conscience contribute to this fraud any longer. Time is up.

Hi

What has TMC done about the elevators as it relates to social distancing to combat the coronavirus. People from around the US and all over the world use these elevators. It’s quite dangerous. I would hesitate, presently, to use them. Any thoughts?

leon,

CEASE THE USE OF ALL TMC FACILITIES, until an official OK regarding health safety standards from scientific research experts, e.g., dr anthony fauci, has been declared.

until then, plans for an extension of current and future reservations must be in place and presented by TMC to all affected owners.

if we all don't clamor for this accommodation, we should definitely not expect that TMC would offer this extension out of altruism, a word/idea/notion that is totally unfamiliar to them.

as I've proposed ad nauseam, PROACTIVITY IS KEY. if so many of us roll over and play dead, TMC will very simply bury us.

leonaedh wrote:

Hi

What has TMC done about the elevators as it relates to social distancing to combat the coronavirus. People from around the US and all over the world use these elevators. It’s quite dangerous. I would hesitate, presently, to use them. Any thoughts?