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Gurney's Inn may finally be free of the Montes

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  • Gurney's Inn may finally be free of the Montes


    It is hard to believe but after years of struggle, the timeshare owners at Gurney's Inn may have finally reached a settlement. While not a complete victory it is way more than the trinket type settlement that seems common of most class action suits.

    Details are still coming out but I received this email from info@gurneysowners.com.

    My Fellow Gurney's Timeshare Owner(s):

    Re: Your Gurney's: A Bird In The Hand...

    Please answer true or false to the following statements:
    As a Gurney's timeshare owner, I know all of Gurney's business decisions are predicated upon:
    (i) Gurney's mission to ensure a flourishing, financially stable cooperative;
    (ii) great concern for my interests as a Class A shareholder;
    (iii) transparency, integrity, fairness and honesty;
    (iv) the equal treatment of all shareholders, whether Class A or Class B.

    How many of us can say “true” to any of those statements?

    Sadly, I think we all know the answer.

    BUT, WHAT IF:
    THE MONTE-COOPER FAMILY, THEIR MORTGAGE AND THEIR CONTROL OVER GURNEY'S WERE GONE!
    MAINTENANCE FEES WERE CUT BY 20% , FROM THE PRESENT $18.88 PER SHARE TO $15.10 PER SHARE!
    THIS REDUCED MAINTENANCE IS GUARANTEED NOT TO INCREASE FOR THE NEXT FIVE YEARS!
    THERE IS A GUARANTEE OF NO SPECIAL ASSESSMENTS FOR THE NEXT FIVE YEARS!
    THE NEW GURNEY'S IS OPERATED ON A TRANSPARENT BASIS, FULL DISCLOSURE, NO HIDDEN AGENDAS, NO SECRET AGREEMENTS, NO PREFERENTIAL TREATMENTS OF ONE CLASS OF SHAREHOLDERS OVER ANOTHER!

    WHAT IF, in addition to the foregoing, YOU COULD ALSO CHOOSE ONE OF THE FOLLOWING THREE OPTIONS:

    OPTION 1: PAY THE GUARANTEED 20% REDUCED MAINTENANCE FOR 2013 AND RECEIVE A BUY-OUT PRICE WELL ABOVE PRESENT MARKET VALUE FOR YOUR UNIT AT THE END OF THIS YEAR;
    OPTION 2: PAY NO MAINTENANCE WHATSOEVER FOR THE NEXT FIVE YEARS AND CONTINUE TO USE YOUR UNIT OR RENT IT YOURSELF AND KEEP ALL OF THE RENTAL INCOME, YOUR CHOICE; or
    OPTION 3: PAY THE GURANTEED 20% REDUCED MAINTENANCE FOR THE NEXT FIVE YEARS AND RECEIVE THE SAME BUY-OUT PRICE AS OPTION #1 ABOVE FOR YOUR UNIT AT THE END OF THE FIVE YEAR PERIOD AND RECEIVE A PORTION OF THE PROFITS CONTINGENT UPON THE SALES PRICE OF GURNEY'S INN AT THAT TIME.

    THE ABOVE OPTIONS ARE REAL. THEY ARE ENTIRELY YOUR CHOICE. NO HOCUS-POCUS.

    I have been in the “belly of the beast” as your Gurney's Class A director for nearly four years. For over three years we have been battling in court to expose and seek vindication, retribution and compensation for what has been done to OUR Gurney's.

    Notwithstanding this:
    -Gurney's has deteriorated, physically and fiscally;
    -our yearly maintenance has continued to go up in cataclysmic amounts;
    -special assessments are looming;
    -timeshare owners continue to abandon their units;
    -no efforts have been made to resell surrendered timeshare units; and
    -as maintenance/assessments continue to grow, more and more timeshare owners will surrender, placing an ever increasing burden on those who remain.
    Folks, time for a reality check:

    FACT: Every Gurney's timeshare owner has his/her “breaking point”in maintenance/assessments beyond which they can no longer justify their ever-escalating financial commitment to Gurney's. 5700 timeshare units were sold since Gurney's went co-op in 1982. Today, there are about 1800 of us remaining... two-thirds reached their “breaking point”.

    FACT: The hemorrhaging of Gurney's timeshare owners will not cease because Gurney's is not being managed for the benefit of the timeshare owners, but rather for the benefit of the Monte-Cooper families and the Monte-Cooper Trust. They want the timeshare owners gone. They want your units back in their hands, to do with as they see fit for their own benefit.

    FACT: If we do not get rid of the present board/management, they will get rid of us, and soon. In their eyes, we, the timeshare owners, are merely an impediment to their desire to sell Gurney's for a second time solely for their benefit.

    FACT: Once you, as a Gurney's timeshare owner, hit your “breaking-point”, you will find yourself kicked to the curb in Montauk, possibly even still owing back maintenance/assessments, for which they will come after you (as they have already demonstrated).

    FACT: You will have received nothing for your 31 years of loyalty as a Gurney's timeshare owner, just like our fallen fellow Gurney's timeshare owners.

    Remember that old proverb: “A bird in the hand is worth two in the bush”. It means that it is better to have something that is certain than take a risk to get more, where you might lose everything. This proverb points out that by passing up a sure thing for a more promising possibility, you also run the risk of losing both the sure thing and the promising possibility.

    In plain English, litigation is a crap shoot. Hopefully we would win somethings (or everything), but perhaps we would lose somethings (or everything). In the meantime, we will continue to be bled dry to pay for their lawyers for their defense of, in my opinion, the indefensible.

    In a crap shoot, I want to be the one who rolls my own dice. I want to control the remainder of my Gurney's journey. I want the same for you. I want you to make your own choice. While I believe this is the safest and best choice we have at present, the final decision will be yours alone.

    Whatever the future of Gurney's may bring, it is my goal to make certain it is an equitable one for us. The scales have been intentionally tipped against Gurney's timeshare owners for far too long. We have had NO options, other than silent servitude to the whims of the powers-that-be who have controlled Gurney's for the past 31 years.
    .
    Once again, the above options are real. No hocus-pocus.

    You will be hearing specific details and actual dollar amounts as they pertain to you shortly.

    Please believe I have negotiated hard for you to bring this offer to fruition. I think this is a way to make the majority of the Gurney's remaining timeshare owners happy. We are no longer helpless and hopeless. I hope you will agree.

    Respectfully submitted for your consideration,


    Linda Benjamin
    Your Gurney's Inn Class A Director

  • #2
    And this:

    Gurney’s Timeshare Owner’s, Inc.
    98 Rock Road West
    Green Brook, N.J. 08812
    February 28, 2013

    Re: Gurney’s Inn Resort & Spa, Inc.

    My Fellow Timeshare Owners and Friends:

    As most of you know I started the fight for Class A shareholder’s rights in the year 2000. To the exclusion of my family, and almost single-handedly, I organized Class A owners and educated some of you about your rights. So many owners had no idea that they owned Gurney’s, not Nick Monte. Unfortunately, Nick Monte’s board would not give me a shareholder list, and it was impossible to reach all of you.

    In 2008, when they told us that there was going to be a $21 million dollar assessment, the timeshare model did not work anymore and that they were going to sell Gurney’s, I formed Gurney’s Timeshare Owner’s, Inc. and fought them. My complaints to the Attorney General brought me a timeshare owner’s list, other important documents that were being withheld from us and stopped any attempt to get rid of us. With the help of other shareholders, we hired attorneys, started a website and developed an e-mail list long before Gurney’s Inn did. I convinced Linda Benjamin to run for the Class A board of director’s seat, and in spite of all of the obstacles they threw in her path over the last four elections, she has maintained that seat. I have been threatened by Gurney’s attorneys and various others, but I have always fought for you. Because of my efforts with the Attorney General and Linda’s lawsuit we were not terminated in 2008 and have not had a $21 million dollar assessment. Since 2008 we have had five more years at our beloved Gurney’s and under the recent proposal that Linda has told you about, you will have five more wonderful years, if you so choose. The vote will all be up to you, and I fought for that too. Know that there is no one who has suffered more for Gurney’s than Linda and I, and that we have chosen this path, putting aside our personal feelings, for the good of all of you.

    So much has happened over the past years, and there is much to tell. Unfortunately due to the "gag" order imposed on Linda, you are unable to know everything she learned. We can now speak about some things, and I am pleased to tell that the litigation may be over and there is a settlement in place, if you, my fellow timeshare owners, agree.

    It is important that you know how this settlement came to be. My husband, Gene, has a friend and client, George Filopoulos, who owns a home in Montauk. Over the years there were times that due to the "circumstances" I did not want to stay at Gurney's and George was kind enough to allow me to use his home. Over many years I had made George aware of the situation at Gurney's, the high maintenance, the issues with management, the various contracts with related parties, our general discontent of having the Monte/ Cooper family running our Gurney's, their horrific treatment of Linda and me, and the lawsuit.

    George has spent his life in the real estate field with a special area of dealing with distressed co-ops, (turning them around) and we all know that the situation at Gurney's is getting worse for us, the Class A’s. There is the record high maintenance, people giving up their units for nothing and we are sure that special assessments are looming.

    George came up with a plan, on which Linda and I worked hard to negotiate protections for the Class A’s, and you will be hearing from him shortly with the details. Linda and I believe this plan is good for us and for Gurney's.
    George agreed to purchase the Trust's mortgage, stock and everything they own having to do with Gurney's. They will be gone, even Tom Carusona! Even though I am not a party to Linda’s lawsuit, the Trust insisted that I sign the settlement agreement as well. I agreed that if Linda wanted to settle her case (she is the plaintiff) I would go along with her decision and sign the settlement agreement. I also had the right to review it and make comments, some, but not all of which were accepted. The Trust was very difficult to negotiate with.

    Then George and his attorney, (NOT my husband) negotiated with Linda Benjamin and her attorneys, (NOT my husband) and more recently with me about taking over Gurney’s. Linda and I spent a lot of time negotiating with George, and indirectly, the Trust. George will be sending you information and more details. However, first and foremost, Linda’s and my agreement is conditioned upon 51% of the current Class A’s voting to approve George's offer.

    The litigation is taking too long, the threats of further increased maintenance and assessments, as well as the loss of more and more shareholders is placing an undue burden on the rest of us. Unfortunately, with litigation, no one really wins, it is a lose-lose situation for everyone, and there are things I am not allowed to discuss that make settlement a necessity. Very few cases are ever litigated to the end due to the exorbitant costs. Though this is not a perfect settlement, it does have something to offer for everyone. Linda and I have thought long and hard about this. In addition we found out that there are substantial employment agreements for Paul Monte, Phyllis Lomitola, John Lomitola, Angelo Monte and Gary Hodges the terms of which cannot be disclosed (another deal they hid from us) that would severely affect us in the future. George is dealing with that himself at no cost to us.

    So please read what George sends you. He will have an 800 number for your questions, a web site and a meeting to explain it all in detail. Most importantly, when you receive your ballot, I hope you vote and support his offer as we feel it is the best we are going to get.

    Very truly yours,
    Gurney’s Timeshare Owner’s, Inc.

    Pat Boffa, President

    Comment


    • #3
      I am very curious to hear more, I really hope it works out well for the timeshare owners. Thanks for posting.

      Comment


      • #4
        Originally posted by Glitter Brunello View Post
        I am very curious to hear more, I really hope it works out well for the timeshare owners. Thanks for posting.
        Me, too! Hope you will keep this thread going with any updates.
        Thanks for posting.
        Pat
        *** My Website ***

        Comment


        • #5
          Thanks for posting! Looking forward to further updates, and hoping that the timeshare owners come out ahead! Good luck!!
          Angela

          If you change the way you look at things, the things you look at change.

          BTW, I'm still keeping track of how many times you annoy me.

          Comment


          • #6
            Good to hear that things are working out at least somewhat for the members.

            Horror stories like this are one of the big reasons that I only own timeshare at member-controlled resorts. Developer-controlled resorts are really a crap shoot.

            Comment


            • #7
              I hope this means we can exchange into it more often since those units are not being put up to rent out as hotel rooms.
              Timeshareforums Shirts and Mugs on sale now! http://www.cafepress.com/ts4ms

              Comment

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