Gurney's Timeshare Owners Inc.

... a not for profit corporation to educate, inform and share information about our resort Gurney's Inn Resort and Spa, Inc

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This site was started by Gurney's Timeshare Owners, Inc. a not for profit corporation to educate, inform and share information about our resort Gurney's Inn Resort and Spa, Inc. It's purpose is to begin the process of organizing the timeshare owners so that we can enforce our rights to full disclosure and obtain an independent board of directors.

Gurney's has one of the most beautiful beaches in the world. Sitting on the deck, listening to the surf, walking on the beach or fishing is restful and relaxing. It's our little bit of paradise at the tip of New York. The indoor pool is a great place to workout and the spa has every amenity imaginable. There's no place like it. It's Gurney's Inn and we love it and hope to enjoy it for many more years to come.

Gurney's Timeshare Owners

INSIDE LOOK AT 2012 BUDGET AND UPDATE ON OUR LAWSUIT

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From: Linda Benjamin
Date: December 15, 2011
Dear Fellow Gurney's Timeshare Owners,
You, and 2122 of your fellow Gurney's Inn unit owners, have just received multiple mailings from Gurney's Inn, including your 2012 timeshare maintenance bill. If you own 1 unit you got 2 letters, if you own 10 units you got 11 letters. Contrary to what Paul Monte said in his December 8, 2011 letter, postage costs money, and this fact alone evidences that management is NOT continuing to “monitor expenses very closely...and always looking for savings in every area”. But, it's your money...so what do they care.

Although you were not told, I voted AGAINST passage of the 2012 budget. I was, once again, outvoted by the two Monte Trust-controlled directors. The two Class B Monte Trust-controlled directors set an $.88 (eighty-eight cents) per share increase imposed solely upon each Class A timeshare owner. It does not apply to the 61,250 Monte Trust-controlled shares, for which the timeshare owners also pay all maintenance/assessments.

The squeeze-play by the Monte Trust-controlled directors and the Monte-Cooper family to force timeshare owners to surrender their Gurney's units continues to escalate. We started 2011 with 260,600 billable shares. We are starting 2012 with 243,100 billable shares, a reduction of 17,500 shares.

I would like to direct your attention to, in my opinion, a few of the many continuing egregious items in the budget:
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Let the Truth be Told Again.....

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From: Linda Benjamin, your Class A Director 
Date:  November 4, 2011

You are probably in receipt of a communication from  Paul Monte about Gurney's “highs and lows” of the past year, from a “terrific” summer season to storms, a fire and the “ongoing litigation” which, in his words, “continues to place a heavy burden on the company”. 

Let me be blunt.  The “ongoing litigation” is NOT what is placing a “heavy burden” on Gurney's timeshare owners, but rather it is the actions of the Monte-Cooper Trust and their two appointed directors who have caused the fiscal and physical deterioration of our Gurney's.  

The Monte-Cooper family was forcing out timeshare owners well before we commenced our lawsuit. If it wasn’t legal fees, they would give themselves even more generous employment arrangements, salaries and incur needless expenses for things we do not want and do not need so as to continue to put financial pressure on us to surrender our shares.

It seems to me there are only two approaches we can take. We can act like sacrificial lambs and allow the Monte-Cooper Family to continue to run roughshod over us, or we can fight back. 

As far as the litigation is concerned, contrary to what Paul has stated, we are not starting over. We believe that moving the case to the Federal Court on Long Island will allow us to proceed against the Trust at the same time we proceed against the Trust’s appointed directors and will also allow the case to move more quickly than it has in the past. We are also confident that at the end of the litigation, the defendants will be required to return the monies advanced to them for legal fees and which the Court has already required that they post a personal undertaking to repay if they lose.

As  result of our lawsuit:
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Response to Mr. Creighton's July 7th, 2011 Letter

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Memo to: My Fellow Gurney's Timeshare Owners
From: Linda Benjamin, Your Class A Director
Date: July 15, 2011
Subject: When People Show You Who They Are, Believe Them

This letter responds to the baseless claims made in Mr. Creighton's July 7, 2011 letter to the shareholders of Gurney's.

Mr. Creighton's letter, no doubt composed and mailed at the cost of thousands of dollars to the timeshare owners, would have been an ideal time to inform the voters of the recent Class A election results, insofar as no one at Gurney's has yet deemed this information worthy of conveyance to the timeshare owners. Election results: Linda Benjamin, 109,900 votes; Thomas Berardino, 20,000 votes. Mr. Creighton has only chosen to address what he perceives to be “some of the inaccurate statements made by [me] at the annual shareholders meeting,” rather than addressing inaccurate statements made by others on the dais. This is not surprising since Mr. Creighton and his firm were appointed Gurney's corporate counsel [by a vote of] at the behest of the two Class B Monte-controlled Trust designated directors, another fact which he fails to disclose to the timeshare owners.

While Mr. Creighton claims to be corporate counsel to Gurney's, I have found that his allegiance is to certain directors, officers, members, shareholders or other constituents. Mr. Creighton and his firm represent the interests of Mr. Carusona, Chairman/President of the Board. Yet, it is not Mr. Carusona who pays Mr. Creighton, we do. I encounter the same mis-treatment from Mr. Creighton as I have with Mr. Carusona.

FACT: Mr. Carusona has mandated that I am not allowed to speak, request/obtain information or the opinions of the company's internal or external advisers, including corporate legal counsel and internal financial personnel, without his express approval, which approval he chooses not to grant. Mr. Creighton, as Gurney's corporate counsel, has refused to assist me with access to Gurney's personnel, information, answers and documentation to which I like any other director is entitled. .
MR. CREIGHTON'S RESPONSE: “In light of the litigation, it is understandable why Tom [Carusona] would have qualms with your requests [for information].” Mr. Carusona’s utter disregard of my requests “predates the litigation, a fact that Mr. Creighton deemed irrelevant.

FACT: I have repeatedly asked for Mr. Creighton's legal opinion on numerous issues, as Gurney's corporate counsel, to no avail.
MR. CREIGHTON'S RESPONSE: Mr. Creighton has refused to honor my requests for his legal opinion without “the Board's sanction” under the guise that it would be unauthorized legal fees. Apparently, “Board sanction” is the approval of Mr. Carusona.
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Bd of Directors Officerships & the "Phantom Chairman"

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From: Linda Benjamin, Your Class A Director
Date: August 16, 2011

I would like you to be aware of a continuing disturbing situation on Gurney's Board of Directors.

As you know, there are three directors on the Board, TWO appointed by the Monte-controlled Trust and ONE elected by you, the timeshare owners. Messrs. Carusona and Kearney are the two Monte-controlled Trust-appointed Class B directors. I am repeatedly informed by the Tom Carusona (Chairman/President) and Robert Creighton (Corporate Counsel) that insofar as I am not an officer of the company, my input as your Class A director is not on par with the Class B directors [who also elected themselves officers], despite the fact that whether or not someone is an officer has absolutely no bearing on that person's rights as a director.

Although this is my THIRD term as your Class A elected director, once again I have been unable to secure an OFFICER position on the Board since I am outvoted 2 to 1 by the Class B directors. In fact, Paul Monte, who is NOT a Board director, has repeatedly been elected Vice-President/Secretary of the Board while I am denied an OFFICERSHIP. Furthermore, Messrs. Carusona, Kearney and Monte each hold DUAL officerships on the Board, to my complete exclusion.
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Corporate Officers of Gurney's

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From: Linda Benjamin, Your Class A Director
Date: July 6, 2011
Subject: Remedying An Injustice, How You Can Help...

Thank you for re-electing me as your Class A director for a third term. It will, once again, be my honor and privilege to serve to protect OUR Gurney's.

I would like you to be aware of a disturbing situation on the Board of Directors.

As you know, there are three directors on the Board, TWO appointed by the Monte-controlled Trust and ONE elected by you, the timeshare owners. Messrs. Carusona and Kearney are the two Monte-controlled Trust-appointed Class B directors.

Since I was first elected to Gurney's Board of Directors over 24 months ago, I have been unable to secure an OFFICER position on the Board since I am outvoted 2 to 1 by the Class B directors. In fact, Paul Monte, who is NOT a Board director, has repeatedly been elected Vice-President/Secretary of the Board while I was denied an OFFICERSHIP. In fact, Messrs. Carusona, Kearney and Monte each hold DUAL officerships on the Board, to my exclusion.

Furthermore, I am repeatedly informed by the Tom Carusona (Chairman/President) and Robert Creighton (Corporate Counsel) that insofar as I am not an officer of the company, my input as your Class A director is not on par with directors who are also officers.
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