Update from Jean-Marc Zimmerman

Great news for TMC members ...

UPDATE FROM JEAN-MARC ZIMMERMAN

We are pleased to report that yesterday Judge Lebovits of New York County State Supreme Court denied TMC's Motion to Dismiss Robert Tucker's complaint to access TMC's member list, ruled (based on the facts now of record) that Tucker's purpose in seeking to access the list was not improper, ruled that TMC’s allegations of improper purpose for requesting the member list were insufficient to block access, and scheduled a hearing on the matter for November 6, 2019. We will prepare for and attend the hearing to obtain the list. We will keep you apprised of further developments.

Judge Lebovits expressly found that “[e]ach of [Mr. Tucker’s] articulated purposes for seeking inspection of the Timeshare Association's member list is proper”, and the burden is therefore shifted to TMC to “put forward a basis to conclude that Tucker's inspection demand is made in bad faith or for improper purposes…. Association's burden is to demonstrate that the pleadings necessarily show that Tucker should be denied inspection because his purpose is improper. [FN omitted] That is a high bar to meet-and the Timeshare Association does not meet it here… The Timeshare Association argues that Tucker's complaint should be dismissed because his purposes in seeking inspection are improper in several respects. This argument is without merit.” At the hearing, we expect TMC to make further arguments supporting its allegations that Mr. Tucker’s motivation is improper, responding to Judge Lebovits’ statement that “[t]his court's conclusion does not foreclose the possibility that the Association can better support its claims on this point on a more-developed record.”

Further Judge Lebovits also ruled that TMC has improperly imposed a restrictive by-law invented by the Eichner’s, and contrary to NY Law, that “it may properly decline to produce its member list to Tucker for inspection and copying because a corporate by-law bars it from doing so.” He therefore concluded “the Timeshare Association by-law in question is not, without more, an adequate basis to require Tucker to pay the Association to distribute his communications for him rather than granting him access to the member list so that he may send his communications directly. [FN omitted]”

Finally, Judge Lebovits did not agree with Mr. Tucker’s request on all issues, and in particular refused to enjoin TMC’s ongoing buyback program, leaving that for future action by the members after they are organized by access to the requested list. We believe that the buyback program is improper, among other reasons, because: it is not fairly implemented with respect to all members; potentially perpetuates or excuses frauds of which we complain; upsets the status quo by purportedly transferring rights to BlueGreen who we allege has not properly assumed the role of sponsor of TMC; and enriches BlueGreen at the expense of the members who paid full price for their interests. The buyback program maintains the incentive for TMC to continue to charge high maintenance fees until each member concedes that the high and increasing maintenance fees charged outweigh the benefits of TMC membership, and thereby give Bluegreen full ownership of TMC.

Thanks, JM Zimmerman

Zimmerman Law Group T: (908) 768-6408 F: (908) 935-0751 E: jmz@zimllp.com

_____________________ I encourage everyone to join this suit now before the hearing on November 6th - WE are all in this together. Please consider participating in this action - there is power in numbers. Together, we can succeed.

Hello Mr. Zimmerman My name is Alex Keller. My wife and I have been Manhattan Club owners since 1999. I am just learning of your suit against the MC because until recently we have had no interest in selling. Now we are learning of the difficulties of selling a MC timeshare and challenges our fellow timeshare owners are facing. I would like to learn more about your suit, the present status and possibly join the action with other owners.

Regards, Alex Keller

aok271023@gmail.com

Hello Mr. Zimmerman , we have been trying to get rid of our contract with the Manhattan club for a couple of years now. Unfortunately, we have not had much success other than them putting us on a waitlist. I would like to learn more about your services and potentially getting rid of our two weeks. We are not looking to make any money by selling. We just want the contract with the Manhattan club ended. Thank you, Jennifer