Manhattan Club Lawsuit

Chris V

Thanks for your comments. I need advice. I have been an owner since 1998 and always paid maintenance fee on time. Now I do not want to pay because of all the issues. Those that have not paid. Please tell me what happens. What does TMC do? Letters, telephone calls? How does TMC try to get maintenance fee? Letter detailing charge or Putting it on an existing credit card as they usually do. This is wrong. If They do this do you stop payment? My year ends February 2021. When should I expect TMC looking for the maintenance fee.?

leon (and other INDIVIDUAL owners),

in my experience with information with TMC, there appear to be no standard procedures (per each individual owner) regarding maintenance fee (m-f) payments among all owners.

the consequences of paying or not paying m-f seem not to be an overall common issue; it is quite individual, and not all with the same end result.

(within the regulations of TMC, payment of m-f fees is a requirement; however, after the lawsuit with the former nys attorney general, eric schneiderman in 2014, there still is definite concern about the validity of our original contract and whether it is still in legal effect.)

notwithstanding the parenthetical paragraph above, determination to pay m-f or not has different effects concerning the position of each owner, e.g., if they are working with an attorney active in legislation within the context of a lawsuit. that attorney should be in a position to analyze individual client's needs, responsibilities, and situations regarding m-f payments and the consequences thereof.

it appears that the most decisive way to determine the result of non-m-f payment is to consult with an attorney, preferably one who is familiar with the TMC case and all of its intricacies and with each individual owner's circumstances.

regarding leon's individual comments, keep in mind, i do not claim legal expertise. however, i have a good handle on the modus operandi and movement of TMC' s managerial staff; i write ONLY FROM AN EXPERIENTIAL PERSPECTIVE, HAVING BEEN AN OWNER FOR ALMOST 20 YEARS.

not paying m-f depends largely on your situation and whether you have an attorney familiar with our case vs TMC. ..." What does TMC do? Letters, telephone calls?" TMC does what it wants to do when it wants to do it. i have no trust whatsoever in the TMC management and/or operations. they began the TMC operation fraudulently some 20+ years ago and continue to maintain that fraudulent position currently. as others in high positions often do, TMC management places itself above the law. no one is above the law.

personally, i would not permit TMC to keep my credit card info on file. if TMC has this information, have them remove it and send you an email proving that they have done so---establishing a "paper trail." if you noted that TMC charged your credit card, try to have the cc company deny payment. if you have not yet paid m-f, but prefer to do so, DO NOT EVER PAY IN ADVANCE.

regarding m-f payment (if you pay at all) do it via check -S-, one for the actual m-f, and one for your share of the nyc/nys property tax.

keep in touch. stay healthy!!

chris

leonaedh wrote:

Chris V

Thanks for your comments. I need advice. I have been an owner since 1998 and always paid maintenance fee on time. Now I do not want to pay because of all the issues. Those that have not paid. Please tell me what happens. What does TMC do? Letters, telephone calls? How does TMC try to get maintenance fee? Letter detailing charge or Putting it on an existing credit card as they usually do. This is wrong. If They do this do you stop payment? My year ends February 2021. When should I expect TMC looking for the maintenance fee.?

Chris thank you for your comments regarding my maintenance fee questions. I would appreciate it very much if other owners could provide guidance and answer my questions.

I have written TMC several times regarding an extension, as my week I had scheduled was in April. I get the canned answer that they are looking into it but as if now no changes to their policy. I will write the board members. Thank you Chris for providing their email addresses. I will seriously consider not paying my fees this time around if they do not give us very generous extension timeframes. NY is an epicenter for this virus. Governor Cuomo stated that about 60% plus of their cases are people in their 60’s and above. About 28% are nursing home, assisted living and homeless people. The rest, about 40% or more are retirees not traveling and staying at home. I think many owners fall in the latter category. So clearly, one would be risking one’s life to go to the city. During the investigation, I recall at least a few people who shared they stopped paying their fees and the club tried to report them to the credit bureaus. Once these people advised them of the situation, the bureau removed the report. If I don’t get satisfaction and decide not pay I will contact the credit bureaus before hand. Add the pandemic to the situation and I feel we would have a strong leg on which to stand for not paying our fees and holding out for an extension.

Deborah S

Thanks for your comments.

Status Report-Letter to Mayor DeBlasio.it has been two weeks since the letter was sent. No response yet from Gracie Mansion. I will follow-up at the end of May.

deborah s528

i have commented on owners' individual decisions to pay or not to pay maintenance. there is no stock answer for each individual owner. check with a reliable attorney familiar with nyc timeshare laws, especially one who has established litigation/a lawsuit vs TMC. jean-marc zimmerman is, in my opinion, a viable choice, but choose attorneys carefully, whoever they may be.

regarding your request for an extension of reservation time usage: this becomes a matter of TMC'S federal/state/local adherence to established CDC/HEALTH guidelines. they are obligated to follow these legal guidelines in order to continue doing business legally and within the matters of the pandemic issues.

write/EMAIL your next request to TMC for an extension of your RESERVATION time and give consideration to my strong suggestions as follows:

(emailing is best, as you have a paper trail that could be used in court if/when necessary.)

email your extension request to TMC management board members directly, including each of the three non-sponsored OWNER/BOARD MEMBERS and the TMC reservation department.

FYI: when i last emailed the reservation dept, et al, i received a direct response from a non-sponsored OWNER/BOARD MEMBER, robert ballot----------------bbb174@aol.com. i posted his response here on redweek. so far, i have heard nothing more, within a 2-3 week period.

be sure to cc your email copies of your reservation time request to mayor de blasio and to governor cuomo. they have plenty on their plates, and TMC issues are relatively less important, but this still falls under the legal mandates of how TMC does business during this horrific time of coronavirus/COVID-19 pandemic.

keep us posted on the progress of your request.

good luck should not be an issue here. this is a life and death matter and luck has nothing to do with it. it's mandatory.

chris

deborahs528 wrote:

I have written TMC several times regarding an extension, as my week I had scheduled was in April. I get the canned answer that they are looking into it but as if now no changes to their policy. I will write the board members. Thank you Chris for providing their email addresses. I will seriously consider not paying my fees this time around if they do not give us very generous extension timeframes. NY is an epicenter for this virus. Governor Cuomo stated that about 60% plus of their cases are people in their 60’s and above. About 28% are nursing home, assisted living and homeless people. The rest, about 40% or more are retirees not traveling and staying at home. I think many owners fall in the latter category. So clearly, one would be risking one’s life to go to the city. During the investigation, I recall at least a few people who shared they stopped paying their fees and the club tried to report them to the credit bureaus. Once these people advised them of the situation, the bureau removed the report. If I don’t get satisfaction and decide not pay I will contact the credit bureaus before hand. Add the pandemic to the situation and I feel we would have a strong leg on which to stand for not paying our fees and holding out for an extension.

where did the subject line..."Manhattan Club Internet Offers"...on this thread come from? that i recall all subject lines on this forum are entitled "THE MANHATTAN CLUB LAWSUIT." this question is for the moderator of this redweek.com site as well as any responder who might have knowledge of this.

chris

I just sent the following email to TMC Board and management:

My wife and I own a suite at The Manhattan Club. We had a reservation for three nights under our 2019 use year from April 30, 2020 through May, 2020. As a result of the COVID-19 pandemic, we were not able to travel to New York City and had to cancel our reservation. We live in Philadelphia, and were under mandatory stay-in-place orders imposed by both the City of Philadelphia and the Commonwealth of Pennsylvania, and therefore unable to travel as a result of government restrictions. In addition, we are elderly and both have underlying medical conditions, making travel to NYC dangerous, even if it were permitted. Our use year expires on August 31, 2020. Even if conditions improve, we will probably not be able to use these three nights before the end of our use year. We therefore request that you extend these three nights for our 2020 use year (and grant us priority in re-booking) or refund our maintenance fee proportionately for these three unused nights. I was also very surprised when I visited the TMC website to discover that TMC is giving a better deal to non-owners than to owners. First, the website lists TMC as a "hotel," which it is not. Second, non-owners booking suites are allowed, as a result of COVID-19, to change or cancel a reservation without penalty up to check-in,and offered a 30% discount. But as for me, an owner,who is current on maintenance fees, TMC is not providing an extension of time or other consideration as a result of the pandemic. Please explain why TMC is providing non-owners (who have no investment in the building) a better deal than owners (who have a significant investment in the building).

Chris: This thread is titled Manhattan Club Lawsuit, but each post can have a different title. If you select "Reply to this Message," then the Subject line will automatically be the same as the message you are responding to unless you change the Subject line.

Excellent letter Robert. Thank you for sharing.

robertw535 wrote:

I just sent the following email to TMC Board and management:

My wife and I own a suite at The Manhattan Club. We had a reservation for three nights under our 2019 use year from April 30, 2020 through May, 2020. As a result of the COVID-19 pandemic, we were not able to travel to New York City and had to cancel our reservation. We live in Philadelphia, and were under mandatory stay-in-place orders imposed by both the City of Philadelphia and the Commonwealth of Pennsylvania, and therefore unable to travel as a result of government restrictions. In addition, we are elderly and both have underlying medical conditions, making travel to NYC dangerous, even if it were permitted. Our use year expires on August 31, 2020. Even if conditions improve, we will probably not be able to use these three nights before the end of our use year. We therefore request that you extend these three nights for our 2020 use year (and grant us priority in re-booking) or refund our maintenance fee proportionately for these three unused nights. I was also very surprised when I visited the TMC website to discover that TMC is giving a better deal to non-owners than to owners. First, the website lists TMC as a "hotel," which it is not. Second, non-owners booking suites are allowed, as a result of COVID-19, to change or cancel a reservation without penalty up to check-in,and offered a 30% discount. But as for me, an owner,who is current on maintenance fees, TMC is not providing an extension of time or other consideration as a result of the pandemic. Please explain why TMC is providing non-owners (who have no investment in the building) a better deal than owners (who have a significant investment in the building).

this is an unsatisfactory response. the name of this thread/forum is THE MANHATTAN CLUB LAWSUIT...period. that's why responders comment here. any other subject line comes as an unexpected and unwanted surprise, obviously, if it is noticed. in the heat of the moment, this isn't always the case and becomes confusing, especially after noting the error as something unexpected.

the name of this thread/forum is THE MANHATTAN CLUB LAWSUIT. "Reply.."ing..."to this Message" does not need a new subject line.

phyl21 wrote:

Chris: This thread is titled Manhattan Club Lawsuit, but each post can have a different title. If you select "Reply to this Message," then the Subject line will automatically be the same as the message you are responding to unless you change the Subject line.

robert w 535

all TMC owners have been screwed, un-screwed, re-screwed and otherwise-screwed by TMC. this isn't new or unusual since TMC's fraudulent initial offering and our trust in their veracity from the time we purchased...which left us right after purchase. this fraudulent saga, unfortunately, persists and continues without cessation, e.g., exponentially exorbitant maintenance fees

currently, there's a difference: TMC is under federal/state and city obligation to immediately conform with the CDC'S PRECAUTIONS AND REGULATIONS REGARDING THE CORONAVIRUS/COVID-19 PANDEMIC.

we are entitled to use our paid-for reservation time in a safe and timely manner. the current timing does not provide for that entitlement.

we need and are entitled to sufficient extensions of reservation times, well beyond december,2020/january 2021.

there is no need to be in a meek and at-the-mercy of TMC situation regarding this pandemic matter. it's a matter of law. if TMC prefers to disregard these federal guidelines regarding reservation time extensions, they will become eligible for federal scrutiny and consequences.

TMC has ny shark attorneys, but when it involves federal law, unless these attorneys have "federal connections" they will not win a federal case that will be brought against TMC for disregarding federal laws regarding the issues of timely extensions of reservation time for all affected owners. it appears that TMC has put its corporate self in a tyrannical situation against owners. this is not acceptable within a federal/state/city legal jurisdiction especially regarding the pandemic life and death issues involved.

i believe all owners involved in this reservation time issue will be ready to proceed on a legal federal level regarding this matter.

robertw535 wrote:

I just sent the following email to TMC Board and management:

My wife and I own a suite at The Manhattan Club. We had a reservation for three nights under our 2019 use year from April 30, 2020 through May, 2020. As a result of the COVID-19 pandemic, we were not able to travel to New York City and had to cancel our reservation. We live in Philadelphia, and were under mandatory stay-in-place orders imposed by both the City of Philadelphia and the Commonwealth of Pennsylvania, and therefore unable to travel as a result of government restrictions. In addition, we are elderly and both have underlying medical conditions, making travel to NYC dangerous, even if it were permitted. Our use year expires on August 31, 2020. Even if conditions improve, we will probably not be able to use these three nights before the end of our use year. We therefore request that you extend these three nights for our 2020 use year (and grant us priority in re-booking) or refund our maintenance fee proportionately for these three unused nights. I was also very surprised when I visited the TMC website to discover that TMC is giving a better deal to non-owners than to owners. First, the website lists TMC as a "hotel," which it is not. Second, non-owners booking suites are allowed, as a result of COVID-19, to change or cancel a reservation without penalty up to check-in,and offered a 30% discount. But as for me, an owner,who is current on maintenance fees, TMC is not providing an extension of time or other consideration as a result of the pandemic. Please explain why TMC is providing non-owners (who have no investment in the building) a better deal than owners (who have a significant investment in the building).

Chris: The Manhattan Club Lawsuit is the title of this forum thread and is at the top of every page. Each individual poster has the option to choose a subtitle for their post on the Manhattan Club Lawsuit forum (and on every other RedWeek forum). While the title of any forum thread cannot be changed, the poster can select or change their post's subtitle.

your message is clear, but not sensible concerning the content which should follow the confusing subject:

"Manhattan Club Internet Offers"

what are the offers being put forth by the manhattan club?

after noting the subject line, the reader would expect that the manhattan club would be offering something of substantial value via the internet. in all likelihood, that would never happen.

phyl21 wrote:

Chris: The Manhattan Club Lawsuit is the title of this forum thread and is at the top of every page. Each individual poster has the option to choose a subtitle for their post on the Manhattan Club Lawsuit forum (and on every other RedWeek forum). While the title of any forum thread cannot be changed, the poster can select or change their post's subtitle.

It came from Kevin...page 316

susanm2147 wrote:

It came from Kevin...page 316

Yes it did. With all the problems and concerns we are having with The Manhattan Club I don’t believe this should be an issue. Refer to the 2 responses from redweek if there are any more questions on this.

ok, my bad.

let's get on with the serious matters at hand. ready?

no posts noted recently on redweek about reservation time extension requests to TMC due to the coronavirus/COVID-19 pandemic.

fyi, i sent copies of my requests to TMC for time extension to my attorney. am awaiting a response.

responses from TMC have been useless form letters, paraphrasing, "we're working on it."

greetings, kevin

"With all the problems and concerns we are having with The Manhattan Club I don’t believe this should be an issue." agreed!

you're correct, and i owned up to my error in judgement regarding comments and subject lines. you set my concerns in the apt direction and i respond here appropriately.

now, where's the evidence of proactivity regarding the "problems and concerns we are having......" suddenly, there are no responses here on redweek.com concerning what we owners have currently and proactively done about the extension of our TMC reservation time DUE TO THE POTENTIALLY DEADLY CORONAVIRUS/COVID-19. has this become less important to us owners? the answer is NO. we should all be emailing the TMC BOARD OF DIRECTORS, and the reservation dept about their plans for extending our reservation time vis a vis owners' safety, health and well-being during this pandemic crisis regarding life and death. they have already sent a useless form letter regarding this matter.

if we owners all roll over and play dead, which TMC hopes for, they'll simply dump us into the garbage bags as refuse.

further criticisms of my comments will be accepted as appropriate. otherwise, all owners' correspondence about TMC issues, especially about the current pandemic should be shared.

i revealed my lapse of judgement in comparison to the ongoing problems. where are your and other redweek responder/owners comments? nada to date.

kevin631 wrote:

susanm2147 wrote:

It came from Kevin...page 316

Yes it did. With all the problems and concerns we are having with The Manhattan Club I don’t believe this should be an issue. Refer to the 2 responses from redweek if there are any more questions on this.

Thank you