Manhattan Club Lawsuit

My wife and I have often stayed at Doubletree ...MUCH better than MC for less money...newer ..bigger, faster elevators...better views.. easier to book the times we wanted...when I purchased our timeshare I specifically asked how much the maintenance fees were and was told never more than $150 per year for a half week time share...I was lied to and refuse to throw good money after bad!! Doubletree is a much better deal!!...Les

HI Lesliel, I totally agree. Especially today when the hotels are vying for your travel $'s and there are many websites that give you discounts and bonuses to use their sites, the hotels are a huge bargain.

REGARDING BALLOT! We have to have some change to the current Board. It's worth every attempt. Here is ONE name to vote for. He is also a disgruntled owner. A few people tried to get onto the ballot - all of us got initial rejection letters - even Robert! BUT - they must have needed at least ONE more name so he did get on! Vote Robert Tucker!!!! (his work summary is on the proxy info along with everyone elses's)

Here was his post on Facebook group: I’m one of five candidates for the three Non-Sponsor positions on the Board of The Manhattan Club. I have been an owner for nine years and decided to run for a seat on the Board so we the owners will have a Board member who will truly represent the owners. I am concerned about the increases in management fees and the nine month waiting period to make reservations. I ask for your vote. Remember you MUST vote for all five Nominees by voting for Three “FOR “ votes and Two “ABSTAIN” votes. The Manhattan Club said if we don’t follow that format your vote will be invalid. Please cast one of your Three FOR for Robert Tucker. Thank You.

FROM LAWYER JEAN MARC ZIMMERMAN: Dear TMC Timeshare Owners: Some of you have inquired how, as part of our suit on behalf of a subset of owners, we could purport to seek a sale of the building. The answer lies in TMC’s corporate structure, wherein The Timeshare Association owns a Condominium, which owns the underlying real estate. More specifically, The Timeshare Association has the power to dissolve itself, and a court has the power to order its dissolution. Dissolution is a viable outcome given that the market for TMC units indicates that the restrictions placed on the property by the Eichners and their mismanagement have effectively driven the value of owners’ interests to zero, and indeed, based on an apparent demand to actively give up ownership by various owners, to less than zero. If, by employing a legal strategy we prefer at this juncture not to reveal publicly but are prepared to share with those clients who retain us, we succeed in dissolving The Timeshare Association, each owner will be entitled to a share of the value of the underlying building, though there may still be significant encumbrances. This share would be allocated regardless of whether a respective owner is our client or not. However, being our client offers the possibility of additional recovery and remedies that will not available to those owners who do not retain us. Specifically, those owners who retain us will have an opportunity to recover monetary damages for the various causes of action we assert as well as the possibility of being relieved of liability for maintenance fees and real estate taxes.

Based on comparable real estate values, we believe that the TMC building is worth as much as nine figures. In unlocking this value for the owners, we must challenge the Timeshare Association itself, which can voluntarily or under the significant duress (which we intend to impose), act for the benefit of its members.

Liquidation of the timeshare owners’ interests is by no means the only legal option we are considering pursuing, and our strategy does not foreclose alternates. Allowing the Timeshare Association to endure, while fixing the management agreement, might solve the ongoing problems. Regardless of the strategy ultimately pursued, our action is not predicated on being able to make a deal with those who have persistently abused our clients in the past, i.e., the Eichners, and should the result be a reformulated timeshare, it is our intention to negotiate the underlying legal structures from scratch such that the interests of the owners are properly protected vis-à-vis the timeshare operator. We previously laid out on Redweek, portions of our strategy, which has evolved overtime to address the message we have consistently received from our clients and potential clients since we began investigating this matter months ago; they want OUT of TMC, with a reasonable chance of compensation for their damages and capital investment. Finally, some owners question whether they should continue to continue pay their maintenance fees. There is no clear-cut answer as our representation does not depend on an owner being in good standing with the association. On the one hand, an owner’s legal position is enhanced if they are up to date on their maintenance fees and are therefore eligible to vote on TMC matters, e.g. election of the Board of Directors, since we will seek to challenge the Board and having vote-eligible clients is beneficial to our position. On the other hand, our position is that the maintenance fees have been improperly imposed, and therefore are arguably not due and payable in the amount requested by TMC. As we understand the issue, maintenance fees costs are approximately equivalent to the cost of a comparable hotel room for one week in New York City. Therefore, if you gain value from ownership commensurate with the costs, there is, from our perspective, no strategic reason not to pay. Ultimately, the decision is one that each owner has to decide for themselves.

Jean-Marc Zimmerman Zimmerman Law Group 233 Watchung Fork Westfield, NJ 07090 jmz@tmcsuit.com

This communication constitutes an advertisement under the Rules of Professional Conduct governing the practice of lawyers. Our past results are no guarantee of future performance.

Just returned the retainer agreement to Jean-Marc Zimmerman at the Zimmerman Law Group with the $1250 retainer. After being screwed by Eichner and his cronies, and then abandoned by the NY Attorney General, the only hope we have for getting any kind of justice is to go on the offensive by commencing our own legal action against the Eichner gang and TMC. This retainer represents half the maintenance TMC is collecting from each of us EVERY YEAR. When I think of how much money Eichner has stolen from us over the last 10+ years, I get sick. I feel this is a small price to pay to have even a chance at any kind of justice. I urge all TMC owners to contact Mr. Zimmerman at jmz@tmcsuit.com, and ask him to represent you too.

Bob Biello

I've sent in our retainer agreement and $1,250 too. I have faith that this will have relieve us from this mess.

I also signed up with Zimmerman. While there is no assurance of success, I feel the $1250 is a small price to pay if there is a reasonable shot at getting out from under this albatross.

I will be signing up by EOM with Attorney

I plan to sign up with Zimmerman and have requested that his firm send me the necessary forms to do so. I believe it is better to spend money on a retainer that gives a shot of some sort of relief/justice as opposed to doing nothing.

I have also signed up and paid the $1250

I plan too.

The MC Annual Meeting is August 9, 2018 at 1601 Broadway 8th floor. Meeting time is 9 a.m. I am one of five candidates for the three Non-Sponsor positions on the Board of the Manhattan Club. I have been an owner for nine years and decided to run for the Board so we owners will have a Board member who truly represents the interest of the owners. I'm very concerned about the high management fees and the nine month waiting period for reservations. I have served on two condominium boards and I am President of the condominium Board at my residence for the past 10 years. You can vote by proxy or phone. You MUST vote for all five Nominees by voting for Three "For" votes and voting for Two "Abstain" votes. Those are the rules established by the Manhattan Club failure to follow the format will invalid your vote. Voting closes at 11:59 pm on August 8th. I ask for one of your Three "For" votes to bring true owner representation to the Board. Thank You...Robert Tucker

You will have my vote - my maintenance fees are up to date so please remind us to vote as the date approaches. I live out of state so am unable to attend meetings - It appears you would be a wise choice with your background. Good Luck.

I agree...would vote for you Robert, but obviously excluded since my fees are not up to date. I just haven't found the "money tree" that could supply such exorbitant amounts, otherwise, I would bring myself current and vote for you! Thanks for running. I hope you are successful!

before i send mr zimmerman's fee (which i am strongly considering, in light of the info provided in this forum) i need to know how many owners have signed with him to date. i hope he will share this information in this forum by the end of the week.

Tulipblossom: You can vote by proxy now online. All the information is in the email notice that was sent about the Annual Meeting. Thank you for your vote and don't forget you have to cast three votes FOR and two votes ABSTAIN.

i have to wonder where any assistance (other than from the "johnny-come-lately" schneiderman and his deputies) was forthcoming when we were all summarily screwed by eichner and his den of little screwers. visit the NTOA WEBSITE, NOW KNOWN AS AVO. National Timeshare Owners Association changed its name to the ASSOCIATION OF VACATION OWNERS.....AVO

GOOGLE THE FOLLOWING: 1. THE ASSOCIATION OF VACATION OWNERS ...AVO 2. "THE NAMES OF TIMESHARE OWNERS' ASSOCIATIONS". THIS IS IMPORTANT! WHEN YOU GET TO.....I'LL CALL IT NTOA'S "MISSION STATEMENT".....carefully read what the association (formerly NTOA) says it offers to timeshare owners. (keep scrolling for more enlightenment on the support issues of associations that are purportedly in existence to help timeshare owners.) i have not heard from ANY TIMESHARE OWNERS ASSOCIATION during schneiderman's entire and ill-handled litigation process.

the ceo of AVO (formerly NTOA) is GREGORY CRIST, AND THE WEBSITE IS https://avoworldwide.com.

my assumption is that associations of entities are created to assist, inform, support and educate (and offer other help) to those who they represent. during these many years on this forum, the only representation i recall from mr crist was in august of, i believe, 2013-14. he appeared at an excellent meeting arranged by jeff weir, reporter/journalist for redweek.com, and other parties. this meeting was held in a masonic temple near chelsea, nyc. it was very well- attended by many owners who heard from jeff, greg crist, an attorney and the publisher of a timeshare owners' magazine and perhaps a few other speakers. owners had the opportunity to ask questions, some of which were answered keeping time constraints in mind. however, there were many well-put questions left with cloudy responses or not answered at all.

does any TMC owner recall any timeshare owners' association offering us assistance or support in our battle against eichner? perhaps we should seek the help they offer as associations created on our behalf.

Bluegreen Finalizes Exclusive Agreement to Acquire the Manhattan Club, Opening a New Sales Center in the Big Apple

Bluegreen Vacations Corporation (NYSE: BXG) announced today that it has entered into an exclusive agreement to acquire inventory and, by 2021, the resort management contract at The Manhattan Club, a residence-style boutique hotel in Midtown Manhattan, just steps away from Times Square, Broadway and Central Park. In addition to significantly expanding access to The Manhattan Club within the Bluegreen Vacation Club, Bluegreen is planning to open a 2,500-square foot sales center, reflecting the company’s strategy of expanding frontline sales capabilities in its most popular resorts. “This is a milestone moment for Bluegreen,” said Shawn B. Pearson, President and CEO of Bluegreen. “The Manhattan Club has always been a favorite destination for our owners, and they now have more ways to enjoy this one-of-a-kind experience at a resort in the city that never sleeps. We believe investments in top destination properties for our owners and the significant expansion of our sales centers in 2018 will provide the foundation for incremental sales in years to come.” Bluegreen is on pace to have its most significant sales center expansions in years with the addition of over 80,000 square feet of prime sales center space at 9 resorts expected to be open by summer of 2019. In addition to New York City, sales center expansions have occurred or are planned in Ridgedale, Missouri; San Antonio, Texas; St. Augustine, Florida; New Orleans, Louisiana; Chicago, Illinois; Orlando, Florida; Las Vegas, Nevada and Banner Elk, North Carolina. The Manhattan Club is the latest project in Bluegreen Vacations’ recent lineup of new resorts and sales centers. Earlier this year, the company announced a new fee-based service arrangement at The Marquee located in the heart of New Orleans’ historic theater district. In April, Bluegreen acquired the Èilan Hotel and Spa in San Antonio, nested within the foothills of the Texas hill country. The Manhattan Club, The Marquee and Èilan are expected to expand Bluegreen’s frontline sales capacity, which in-turn is expected to support net owner growth. The Manhattan Club is 31 stories, boasts a modern fitness center, state of the art Business Center, exclusive Owners’ lounge and 296 spacious Penthouse, One-Bedroom – two bath Suites, and Executive Suites. The agreement announced today provides Bluegreen the exclusive right, on a non-committed basis, to acquire the remaining timeshare inventory at The Manhattan Club under Bluegreen’s “capital-light” Secondary Market program through periodic purchases over time, and subject to the terms and conditions of the agreement, the exclusive right to acquire the management contract for The Manhattan Club resort in 2021

it essential for current TMC owners to know how this, i.e...........,"Bluegreen Finalizes Exclusive Agreement to Acquire the Manhattan Club, Opening a New Sales Center in the Big Apple".............impacts on and affects us owners.

EXACTLY! How will this benefit existing owners?