Welcome to All Deer Ridge Owners Welcome to all owners of Deer Ridge Mountain Resort condos in Gatlinburg, Tennessee.
My goal is to help all Deer Ridge owners to have a voice in the management and operation of your property.
Click on the TITLES of any of the following subjects to read the whole posting - and see the comments made by your co-owners. You can also type any term into the below search box, or any word or term in the search cloud.
Click the big image at the top of the page to return to the front page at any time.
Investment Analysis For A Rental Condo At Deer Ridge
Will you really lose $40,000 cash if you buy a rental condo at Deer Ridge and use Ridge Management Ltd?
As an owner-occupied home, Deer Ridge is an incredible value with THE best view in the Smokies and great amenities.
However, several owners and would-be owners of Deer Ridge condos have asked me if these units are a good rental property investment or not. To help answer that question
objectively, I had to analyze the real moving parts of buying and owning here.
Get my complete, detailed investment analysis based on buying a rental condo unit at Deer Ridge Mountain Resort in Gatlinburg, Tennessee.
It shows what you MUST do to make money when you buy a rental unit at Deer Ridge.
Just click the picture or click
Investment Analysis
Gross Negligence – Or Is It Fraud? Legalese On
GENERAL DISCLAIMER FOR ALL PAGES AND POSTS
Note: The following, and the information on any and all other posts and pages by me about General Manager Joe Thomas, GGRC, RML and /or the Board of Directors and its members, or any related topics, are my personal opinions based on my ongoing investigation into the actions and inactions of the GGRC and RML Board of Directors and / or Joe Thomas, General Manager.
While I believe these allegations to be true based on my objective analysis, these opinions remain as only allegations until I, or others, prove things in court.
My goal is to offer all owners all the information and evidence that I have available so that everyone can reach their own conclusions.
Legalese - And Powered Wig - Off
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Every Dollar You Pay For Deer Ridge Is The WRONG Amount!
Please read the various posts here on this Deer Ridge Owners Blog - and see my evidence and analysis which I believe shows conclusively that EVERY dollar of HOA Fees, EVERY dollar EVERY special assessment, EVERY water bill and cable TV sent out for YEARS to ALL Deer Ridge Owners has been wrong!
In many cases at least ONE THIRD of ALL owners have been GROSSLY overcharged. My calculations show that I have been overcharged more than TEN THOUSAND DOLLARS in the past 50 months I've owned at Deer Ridge.
The Board has been WRONGLY and arbitrarily ignoring the requirements of the Master Deed and the Bylaws for YEARS.
If my analysis is correct, the Board has zero choice. They MUST abide by the Master Deed Percentages.
But they haven’t.
However, if the Board knowingly ignored the clear directives of the Master Deed and the Bylaws when allocating costs to various unit types, and overcharging certain unit types on a regular basis, my opinion is that the Board and Joe Thomas may have acted fraudulently.
If they have not been fraudulent, then they have been, at the very least, grossly negligent.
Read the various blog postings - and judge for yourself.
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"We do not believe any group of men adequate enough or wise enough to operate without scrutiny or without criticism. We know that the only way to avoid error is to detect it, that the only way to detect it is to be free to inquire. We know that in secrecy error undetected will flourish and subvert." — J. Robert Oppenheimer. This includes the Board of Directors of Deer Ridge Mountain Resort.
This is an open letter that was emailed today to Luther Parker, Joe Thomas and the rest of the “board.”
Other owners have been requesting this information and getting the usual Deer Ridge runaround with the stupid and childish games of Joe Thomas. Based on our initial contacts, we have the distinct impression that the Attorney General for the great state of Tennessee will not be amused.
Luther Parker and Joe Thomas,
In accordance with the Tennessee Horizontal Act, 66-27-113, I hereby request an immediate review of the GGRC, RML and Ridge Resort Realty “Administrator’s Books” as defined by the Act: This is a single book that contains a detailed account in chronological order, of the receipts and expenditures affecting the building and its administration and specifying the maintenance and repair expenses of the common elements and any other expenses incurred.
My request is to see these “Administrator’s Books” AND “the vouchers accrediting the entries made thereupon” for the past four and a half years. This request is NOT to see general ledgers, financial statements, etc. – but to only see the “Administrator’s Books” that contains a detailed account in chronological order as specifically defined and REQUIRED by the Act.
Since the “Administrator’s Books” must be accurate, completed and ALWAYS up to date, I require that they cover the time frame of August 8, 2005 through the day before the scheduled day for my examination of the “Administrator’s Books.”
Since, again, the “Administrator’s Books” must ALWAYS be up to date and specifically in THIS format, this should present Joe Thomas with NO difficultly immediately complying with the LAW.
Note that the LAW requires that: “Both the book and the vouchers accrediting the entries made thereupon shall be available for examination by all the co-owners at convenient hours on working days that shall be set and announced for general knowledge.”
Just so there is no confusion about exactly what GGRC, RML and Ridge Resort Realty MUST provide any and all owners at Deer Ridge, I have copied the exact wording of the Act and include it below.
Also, note that page 1 of the independent attorney’s legal opinion letter (see attached) reaffirms my right to this information – and the usual Joe Thomas stupid “games” will not be tolerated. The same legal opinion also provides that I have a RIGHT to COPIES of any of this information.
Any non-compliance by you and/or Joe Thomas will have immediate legal ramifications with the Attorney General of Tennessee – along with other judicial implications.
Have a GREAT day,
Robert
A-202
cc: www.DeerRidgeOwners.com
66-27-113. Administrator’s books Examination by co-owners.
(a) The administrator, or the board of administration, or other form of administration specified in the bylaws, shall keep a book with a detailed account, in chronological order, of the receipts and expenditures affecting the building and its administration and specifying the maintenance and repair expenses of the common elements and any other expenses incurred.
(b) Both the book and the vouchers accrediting the entries made thereupon shall be available for examination by all the co-owners at convenient hours on working days that shall be set and announced for general knowledge.
Continue reading Request To View Deer Ridge Administrator’s Books in Accordance with 66-27-113
The following letter was certified mailed, emailed, faxed and hand delivered to Luther Parker’s home, the GGRC’s attorney’s office and the Deer Ridge office.
You get to decide what is right for you with regard to the “special” assessment – but this is my position and I am ready to fight Joe Thomas, Luther Parker and the rest of the so called “board” in court over it.
To: Luther Parker, GGRC “Board of Directors”
Re: “Special” Assessment
Date: March 9, 2010
Hand Delivered, Email & Certified Mail
This letter is to officially notify you that, as a result of advice received from independent legal counsel, I do not intend to pay the illegitimate “special” assessment that is purportedly due for our Unit A-202 at Deer Ridge Mountain Resort.
I have also included herewith two checks for our monthly GGRC charges: $270 for our HOA fee and $136.42 for the charges for water and cable TV.
Even though paid, we continue to dispute both of these charges too – and have marked “Disputed” on these and many prior checks made for payments for these two ongoing fees.
Based on advice from legal counsel, these charges represent a gross overcharge of 82% above the amounts that should be charged according to the Master Deed and Bylaws.
If you wish to take me to court over the non-payment of the illegitimate “special” assessment, have at it.
I would be absolutely delighted to have a court hear all of the following reasons that the “special” assessment is invalid – and it would be much more cost effective to respond to your lawsuit and get a court ruling on several issues rather than instigate my planned litigation described below.
Attorney Says That “Special” Assessment Invalid For At Least Four Reasons
Based on a recent, independent review of our Master Deed and Bylaws, attorney Lewis Howard, Jr’s legal opinion is that this “special” Deer Ridge assessment is invalid for at least FOUR reasons:
- The GGRC Master Deed and Bylaws do NOT allow for ANY kind of “special” assessment of any kind. They only allow for monthly assessments that are set before December 1st of each year.
- The amount of the assessment for every owner is WRONGLY calculated. The “board” has applied what the attorney calls “arbitrary and capricious” cost allocations for ALL charges currently being paid by ALL owners at Deer Ridge. This includes your monthly HOA fee, the amounts for water, cable TV, telephone AND the calculated amounts that are being charged for this “special” assessment. The attorney says that ALL of these items MUST be in accordance with the Master Deed Percentages. Hence, any amounts currently being charged to each and every owner for this “special” assessment is wrongly calculated and should not be made.
- The “board” was required to provide COPIES of the detailed bid requests and bids to any and all owner to substantiate the Asinine Assessment’s outrageous $353,500 price tag – and NOT to just list, “Nuts and Bolts – $50,000!” Since you were unwilling to do so, this assessment is voided.
- The attorney has stated that the “board” is NOT the board. The board is required to be elected at the annual meeting and the annual meeting is REQUIRED to be held in the first three months of the year – not in April. The attorney states that the board is not the board and is powerless to implement ANYTHING.
I invite you to read the attached five page letter from Senior Partner Lewis Howard, Jr. at the law firm, Howard and Howard (www.howardhowardlaw.com).
My instructions to the law firm, Howard and Howard ( www.howardhowardlaw.com/ ) and Senior Partner Lewis Howard, Jr. were to objectively and candidly evaluate these issues with the goal of determining the legal validity and the merits of our pursuing a lawsuit against GGRC and/or the individuals who make up the current board along with Joe Thomas, the general manager. This firm does not currently represent us for any pending litigation – but may be hired should we move forward.
You should also, by now, be fully aware that we have set up a separate escrow account for the “Deer Ridge Litigation Fund.”
Several owners have already contributed to this fund and more are joining every week. Once our threshold is reached, we intend to immediately file one or more lawsuits concerning the matters discussed in this letter. Note: this will be done without further notice to you.
Executive Summary Of Attorney’s Findings
Here is my executive summary of Mr. Howard’s five page legal opinion. I will try to put it in non-attorney terms to help you better understand the major consequences of the points made in his letter.
In addition to the fact that no legitimate, “special” assessment is due from ANY owners, Attorney Howard’s letter also makes the following pivotal points regarding GGRC and RML:
- You are REQUIRED to charge all owners ONLY in accordance with the Master Deed Percentages for everything: monthly assessments, water, cable TV, etc. This means no more 82% overcharge to all 1-1 owners.
- You are REQUIRED to provide all owners with COPIES of everything they request including invoices, check stubs, bids, etc.
- You are REQUIRED to get BOTH the 75% positive vote by owners AND the 90% positive vote by mortgage holders of all condo loans at Deer Ridge. Therefore, ANY monies you spend on walkway ramps will be your personal responsibility to pay.
- You are NOT allowed to ever have ANY special assessments – hence, the Asinine Assessment of $353,500 is NULL and VOID. No owners are required to fund a penny of this money – and any monies received MUST be returned to those owners who have already paid. Continue reading Deer Ridge Board: Official Notice – I Refuse To Pay Invalid Special Assessment
Do you realize that you and I – and every one of the 30 one bedroom owners (36% of all units) at Deer Ridge – are currently being overcharged by 82% every single month? And, Luther Parker, the “board” president, said in a recent board meeting that he believes that this 82% overcharge for 1-1 owners is “fair and equitable!”
Do you also know that all the 2-2-Loft units should be paying 50% MORE each month – but are getting a free ride on the checkbooks of all 30 of the 1-1 owners? Does that sound “fair and equitable” to you?
A February 12, 2010 independent, written, legal review of GGRC documents shows that all 1-1 Owners are ALL being overcharged by at least $2,350 each and every year. For me, this adds up to more than $11,000 in overcharges since I bought here. How much have YOU overpaid, in total, over the years, for your home at Deer Ridge?
How many more months, and years, do you want to be wrongly overcharged like this?
Would you like to immediately change this monthly bleed from excess charges? With your help, we can probably force a permanent change on this overcharge within the next 60 days.
What The Attorney Says
Based on the February 12th independent attorney review of our Master Deed and Bylaws, his written legal opinion is that the amount of monthly assessments for EVERY Deer Ridge owner is WRONGLY calculated.
The “board” has applied what the attorney calls “arbitrary and capricious” cost allocations for ALL charges currently being paid by ALL 1-1 owners at Deer Ridge. This includes your monthly HOA fee, the amounts for water, cable TV, telephone AND the calculated amounts that are being charged for this “special” assessment. Our monthly HOA fee for all 1-1 owners should be $148 per month instead of $270 – and our share of water and cable TV should be $62.73 instead of $136.42 each month.
These overcharges for ALL 1-1 Owners add up to $2,350 / yr.
Also, on top of that, this means that even if the current “special assessment” was valid, each 1-1 owner at Deer Ridge should be charged a total of $2,156 instead of the currently billed $3,400 – an additional overcharge of $1,244!
So, JUST over the next two years, the “board” wants to overcharge you and me and all other 1-1 owners $5,944 – assuming we have to pay anything for the “special assessment.”
That’s not how much you have to pay – that’s JUST the overcharge!
Folks, that is almost $6,000 STOLEN out of your bank account by Joe Thomas, Luther Parker and the rest of the “board” during the next two years!
Could you benefit from holding on to that $6,000 that rightfully belongs to you?
The attorney says that ALL assessments MUST be in accordance with the Master Deed Percentages. Hence, any amounts currently being charged to you each and every month is wrongly calculated!
You can read the full, five-page legal opinion by clicking Legal Opinion.
Help Us Get A Declaratory Judgment And Injunction To Change YOUR Monthly Fees Now
Instead of each of us continuing to pay this outrageous, illegitimate monthly overcharge, we need you to join with us in obtaining a court ordered injunction to legally STOP this illegitimate “special” assessment and get a declaratory judgment from the court that will force this “board” to finally abide by our Master Deed and Bylaws.
The “board” has made it clear that they will not voluntarily abide by the recent legal opinion. So, they leave us no choice – but to take legal action to get a court to force them.
To get an injunction, we need to file a lawsuit asking the court to rule on the same interpretations of the GGRC Master Deed and Bylaws that the attorney reviewed. We need your help with the legal fees that will be required to stop this assessment – and also to have the injunction and declaratory judgment provide for the full and complete return of “special assessment” monies paid in by owners who have already paid.
We ask that each owner join with us and contribute $1,000 to cover legal fees and court costs to finally get this stuff resolved. If you can only do half of that amount or even less, those contributions would also be helpful and appreciated. This ongoing overcharge will not change without this lawsuit.
Our goal will be to also have the lawsuit go after recovery of all of our legal costs so those monies may be repaid to the owners who are willing to stand up and fight this fight. You can pay via credit card by clicking the Donate Button below – or mail a check to me at A-202, at Deer Ridge. Please make the check payable to the escrow account, “Deer Ridge Litigation Fund.”
This $1,000 legal fund contribution is a LOT cheaper than you paying the $5,944 in overcharges over the next two years that Luther Parker thinks is so “fair and equitable” for YOUR 1-1 unit.
Any unused, or reimbursed, legal funds will be returned, pro rata, to those Deer Ridge owners who contributed to the fund.
Judge For Yourself
I have my opinions about things. Luther Parker and the “board” have their opinions. Here, for the first time, we have a LEGAL opinion from an independent attorney about what is really happening with your investment at Deer Ridge. The “board” has not shown any comparable, independent legal opinion. I am not an attorney – and neither is Joe Thomas or any member of the “board.”
And, just because Joe Thomas and Luther Parker say something is so – does NOT make it so – especially in light of an independent legal opinion clearly stating what they say is NOT so!
I invite you to read the entire five page letter from Senior Partner Lewis Howard, Jr. at the law firm, Howard and Howard (www.howardhowardlaw.com/).
Continue reading All Deer Ridge One Bedroom Owners: Stop Being Overcharged 82% Every Month!
We have been told by several owners that they are NOT paying the Asinine Assessment payment that Joey and the “Board” claim was due March 1st.
Joe Thomas is telling some owners that their payment will be late if not paid by the 10th. He is telling other owners that all late fees are waived until April Fool’s Day. (Come on, Joey, you gotta use the same rulebook for ALL owners!)
Four Reasons The “Special Assessment” Is Invalid And Should Not Be Paid
Joey and the “board” claim that they are delaying the late fee because of the “confusion” my letters and blog have caused by identifying not one – but FOUR reasons – that the independent attorney said the “Special Assessment” was illegitimate and violated the GGRC Master Deed and Bylaws in four, count them four, different ways.
Click Four Reasons to see the reasons and make up your own mind about paying your part of this Asinine Assessment.
Joey And “The Illegitimate Board” Can’t Find Their Own Reputable Attorney
The “board” has yet to produce ANY written, independent legal opinion, whatsoever, that shows that this “special assessment” is valid in ANY of those four ways.
The reason? They can’t find a single reputable attorney who is willing to risk being disbarred by misrepresenting that they are right!
I don’t know about you – but I am NOT paying ANY assessment – unless they can prove to me with an independent legal opinion that those Four Reasons by the law firm of Howard and Howard are invalid.
Joey And “The Board” Are Trying To Hide How Few Are Paying The Assessment
Neil Blair has been trying to find out how many owners have paid – and how much has been collected. He isn’t trying to find out WHO – just how MUCH and how MANY.
That seems like a reasonable thing that any owner at Deer Ridge should be able to get a VERY quick, straight forward answer, right?
Nope, not at Deer Ridge – with Joe Thomas and Luther Parker playing their usual petty tyrant roles – illegitimately blocking owners access to the financial records of our investment in Deer Ridge.
Joe Thomas and Luther Parker are telling Neil and all other owners that the “how much has been paid” and the “how many have paid” are CONFIDENTIAL numbers!!!
Give me a break. What they are trying to hide is how few are paying! Do YOU want to be one of the few who pays?
Read the Silly Rules And Stumbling Blocks of Joe Thomas and Luther Parker
Neil forward me a copy of the following exchange of emails from Joe Thomas and asked that I post it here on the blog.
It is SUCH an outrage and gross abuse of power by Joey and Luther Parker and the illegal board – trying to erect every conceivable road block to any owner at Deer Ridge even SEEING the books and records of our investment here.
Please read the following B***S*** by Joe Thomas and see if this exemplifies “the open transparency” touted by Luther Parker, Larry Ohm, Tom Reise, Margie Duncan and Dave Barone.
Folks, these are your current “board” members who are SO desperate to hide all of their nefarious activities that they are requiring owners to jump through the following hoops just to SEE some of the books and records. We are not talking about copies – this is just to SEE the books and records we have a LEGAL right to see.
Fire The Six – Help Us Fund The Deer Ridge Litigation Fund
It is past time to make sure Luther Parker, Larry Ohm, Tom Reise, Margie Duncan and Dave Barone – and Joe Thomas – get fired from any role of power at Deer Ridge.
Help us make that happen – Please donate to the Deer Ridge Litigation Fund – so we can have a court FORCE this illegitimate power clique to give back control and ownership of Deer Ridge to ALL the owners.
Read The Joey BS In Red
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From: openroad12@hotmail.com
To: manager@deerridge.com
CC: davidbarone@optonline.net; larryo@skdocpa.com; parker.luther@gmail.com; mickmargie@zoomtown.com; tomtrip@verizon.net
Subject: RE: How could it be Confidential???
Date: Mon, 8 Mar 2010 19:35:11 -0500
Is the number of owners that have not paid still confidential? Is the balance in the Escrow account confidential ? Both, Numbers only, No names ..
Best regards, Neil
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From: manager@deerridge.com
To: openroad12@hotmail.com
CC: davidbarone@optonline.net; larryo@skdocpa.com; parker.luther@gmail.com; mickmargie@zoomtown.com; tomtrip@verizon.net
Subject: RE: How could it be Confidential???
Date: Mon, 8 Mar 2010 18:43:13 -0500
Dear Neil,
Management, with the Board’s approval has established policies and procedures regarding requests by owners to review our books and records.
- The established time for reviewing our books and records is: every Wednesday between the hours of 8:00AM and 10:00AM (exception would be if on vacation or a holiday falls on Wednesday)
- The established place for reviewing our books and records will be: Our game room adjacent to the lobby.
- Only Co-owners are permitted to review our books and records.
- An owner wishing to review our books and records will call, fax or email Joe Thomas to make an appointment a minimum of 7 days in advance of the requested appointment date.
- The owner will provide the manager with a detailed, written list of what he/she wishes specifically would like to review a minimum of 7 days before the appointment date. The 7 day period is required so that the requested material can be gathered and presented in an efficient manner. Some items are kept off site either in storage or at our CPA/ bookkeeper’s office.
- Follow up or additional appointments if needed will be made at the conclusion of the owners schedule appointment.
- No copies or photographs are permitted of any items other than those items specified in the Act #66-27-503.
Neil, please let me know when you’d like to schedule an appointment and what specifically you’d like to look at.
Due to the fact that you have admitted to contributing moneys to the Goodman Litigation Fund, I may need additional time (more than 7 days) to review your detailed lists of items to be reviewed with our attorney.
I look forward to meeting with you soon,
Joe Thomas
Deer Ridge Mountain Resort
865-436-2325
manager@deerridge.com
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From: NEIL BLAIR [mailto:openroad12@hotmail.com]
Sent: Friday, March 05, 2010 11:33 AM
To: Joe Thomas; Luther Parker Parker; Larry Ohm; Margie Duncan; Tom Reise Deer Ridge Director; David Barone;
Subject: How could it be Confidential??? Continue reading Deer Ridge – Many Owners NOT Paying The Asinine Assessment – Look At This New Abuse Of Power
The following is also a comment left by Neil, C-208, about another property he owns. This was an email he sent tonight to the entire “board” and Joey.”
Judge for yourself: Which property is operated better?
Please bear with me… And Yes, WAY, WAY Down the Thread, after my Rant,
Is the Example the Daily Report…. From Leonard…..
This is an example of a Gulf Highlands Board member giving an almost daily, clear, complete reporting of activities, ” Most Days Photos,” Kinda Like Robert and his blog, AND an example of a well run clearly defined use of Association Fees, RESERVE FUND usage and availability, “Yes it is a property with many more owners/members, BUT even more expenses, more complexity, more personalities, some are abrasive, some are very agreeable folks, some so financially uptight they squeak, and make others squeak….
It is a pleasure to visit the office, and REALLY have a conversation with the manager and all assoc. employees: no stress, no past foibles, no wondering if you…
By the way, We have an independent VERY profitable property management Company ON SITE. They pay market rent to the Owners Association, and a percentage back to the Owners Assoc. THEY have only a 28% management fee – and sill make a nice profit, and bid yearly to stay on site…
About 7 other companies manage units, some charge as little as 25% some as MUCH as 35% All inclusive. Yes, some owners even rent using V.R.B.O.com, Vacations4U.com. etc. thereby keeping all the Unit Rental Dollars. They pay an independent cleaning service a fee of about $35-40, not giving up a 30-40% a DAY… It is amazing, all really get along…mo one accuses an owner of “stealing” from other owners, if they use an outside rental company or means of rental of their choice.
This thing called competition makes every one better, and accountable to the folks that have a financial interest in them…
The board members in a situation like that, don’t have to worry if the independent management company. has cash handling issues, has any personnel problems, any late or unpaid workmen’s comp premiums, any occupancy worries, any advertising costs, any legal liabilities for an accident involving guests. The board doesn’t waste time and energy on anything to do with PROPERTY MANAGEMENT RISKS OR HEADACHES…
The board there has ONLY the well being of the OWNERS interests, it makes for a nice reserve account balances and there has been NOT ONE Assessment for road paving, Painting, Nuts Bolts, Fencing, Beach Erosion, Tearing out of Strong, Stable, Sturdy Walkway Railings –ALL– Large Predictable, Normal Maintenance & Financial concerns have a Fully Funded RESERVE Account and the board understands that they have an OBLIGATION To keep the OWNERS on an even, steady monthly fee of……… a Giant $143.00!
Not having to spend TIME figuring out how to JUGGLE /SWAP/ BORROW OWNERS money back and forth from a NOT SO PROFITABLE Rental Management Company and the HOME OWNERS Association lets the board concentrate on the property and the owners.
That Property also has 18 hour a day security guard force, 3 controlled entry gates. The Manager at a $48K/yr salary keeps all 7 of the employees, $7.00 to $18.00/hr. busy doing scheduled PREVENTIVE maintenance, and Yes, they do pick up the trash from All 703 townhouses ONCE a day also. Unlike Deer Ridge, it is not a 3 times a day pick up, which leaves almost no time for PREVENTATIVE Maintenance here in the mountains…
Another RANT from the OLD GRUMBLE BOX Neil…. Can’t help myself… it’s a Sad Sad Way To Have To Live….
See below for Leonard the Board Members Daily Report, Looks like Guests there really enjoy the Shuffle Board Courts there…
I remember an Owner / Resident here at Deer Ridge VOLUNTEERING ALL LABOR to Build a Shuffle Board Court asking the board ONLY For The Cement Costs. He was turned down but more importantly, the reasons were talked about after he left the room, and guess what….
What the board and Joe said, Was NOT in the OFFICIAL MINUTES….
Interesting … Why are the Board Members –SO– Opposed to Digitally Recording and sharing what they say in the Meetings???
Best regards, Neil
——————————————————————————–
From Leonard…..
Have you ever wondered what all our snowbirds do here in the winter besides walk on the beach and go play golf? I have compiled a list from channel five and this may not be all events done in the resort. Continue reading Guest Post: Neil Blair: Compare Deer Ridge Operation and Politics To This Property
We have been told by several owners at Deer Ridge Mountain Resort that they are NOT going to make the March 1, 2010 assessment payment in light of the written legal opinion by Howard and Howard which states among other things, that the assessment if invalid for multiple reasons.
It’s Up To You
Your decision to pay or not to pay your portion of this Asinine Assessment is up to you and your own personal interpretation of the legal opinion.
However…
Do you really want to pay $1,700 to $2,750 of YOUR money this month that may be squandered by Joe Thomas and the “board” – or would you rather wait and see what we can all do together in court to stop what our attorney calls “Abuse of Power” by Joe Thomas and the “Board?”
Wouldn’t it make more sense to contribute to the Deer Ridge Litigation Fund – and get the injunction and the declaratory judgment from the court to finally get Deer Ridge under control and a real board that will comply with the controlling documents of GGRC?
Contributions are starting to come in – and we just opened a separate bank account today for all funds forwarded to us for this litigation. We need your help in getting the injunction and to finally have a court irrefutably rule on the 13 major points that were covered in the Howard and Howard legal opinion.
Step 1: Declaratory Judgment And Injunction
To get an injunction, we need to file a lawsuit asking the court to rule on the interpretations of the GGRC Master Deed and Bylaws. We need your help with the legal fees that will be required to stop this assessment – and also to have the injunction and declaratory judgment provide for the full and complete return of monies paid in by owners who have already paid.
We ask that each owner join with us and contribute $1,000 to cover legal fees and court costs to finally get this stuff resolved.
If you can only do half of that amount or even less, those contributions would also be helpful and appreciated. The more contributions by owners, the more that can be litigated and the more likely we will win the case. (Bear in mind, absolutely nothing in court is ever a 100% sure thing!)
Our goal will be to also have the lawsuit go after recovery of all of our legal costs so those monies can be repaid to the owners who are willing to stand up and fight this fight. You can pay securely online via credit card or echeck by clicking Donate or mail a check to me at A-202, 3710 Weber Rd, Gatlinburg, TN 37738.
Please make your check payable to “Deer Ridge Litigation Fund.”
This $1,000 is a LOT cheaper than paying the outrageous amounts ranging from $3,400 to $5,500 for this illegitimate “special” assessment. Any unused funds will be returned, pro rata, to those Deer Ridge owners who contributed.
Tired of The Way Things Are Done At Deer Ridge?
Right here, right now is the right place and time to finally stop all of the abusive practices of Joe Thomas and the “Board.”
Now is the time to finally force this “Board” and all future boards to FULLY abide by our controlling documents.
Now is the time to stop Joe Thomas and the “Board” from operating Deer Ridge as if it was there for their own personal use – with them all getting paid several thousands of dollars each year in improper and illegitimate salaries, expense checks and other benefits – all illegally paid to them by money they get from you and me!
The First Lawsuit
This will be the first lawsuit out of several that I expect will be forthcoming. This one will stop the assessment and get a judge to rule on the RIGHT interpretation of our own Master Deed and Bylaws. You’ve heard what my opinion is. You have now heard the opinion of independent legal counsel. Neither of these, no matter how crystal clear they are, is going to stop Joe Thomas and Luther Parker and the rest of the “board.” Apparently, they all have way too much to lose if things are going to be interpreted by the Court the same way they are interpreted by independent legal counsel – and Joe and Luther are willing to squander even more Deer Ridge owners’ money to protect themselves and the illegitimate ways they have been doing things.
Hence, the need for this first lawsuit.
We believe that this first suit will be relatively straightforward and cost between $5,000 and $10,000 – depending on how much Joe and Luther are willing to fight their totally indefensible positions. This amount does NOT count the legal fees that Joe and Luther will spend of GGRC’s money. However, our intention will be, with our expected victory to turn around and file suit against Joe Thomas, Luther Parker and the rest of his “united Board” individually for their gross negligence in fighting this first suit.
Joe Thomas and the “board” have counted on the cost and time requirements of bringing a lawsuit being so much aggravation that no owner would actually do it. Based on this, they have continued to increase their abuse of power to the point that they feel entitled to run Deer Ridge any way THEY want to – irrespective of Deer Ridge law.
Now is the time to finally stop them. Now is the time to prove them wrong.
If you are tired of this abuse of power, tired of Joe Thomas operating Deer Ridge as if it was his own private property, tired of being overcharged, tired of being ignored, tired of being charged $50,000 for “nuts and bolts”, then NOW is the time to finally stop them – by joining with us in the lawsuit so that, once and for all, we can have a court give control of Deer Ridge back to the owners.
Please send your donations in today!
The Next Lawsuit – One Bedroom Owners Only!
Once we have gained victory with the first lawsuit, our intention is to immediately gather as many current and past owners of 1-1 units at Deer Ridge and individually sue Joe Thomas and each board member for gross negligence in overcharging all 1-1 units owners by 82% each and every month! We calculate that just for our own unit, we are owed back over $10,000 they have stolen from us through this overcharge that Luther Parker calls “fair and equitable.”
Considering that there are 30 1-1 units at Deer Ridge representing 36% of ALL units, and considering all the past owners of 1-1 units that may have had to sell because of this illegitimate overcharge, we expect the size of this aggregate award might be massive. And, since we will try to show that it was done ultra vires, that means we will be looking to get all of our money directly from Joe Thomas and each member of the “Board” personally. So, we are not going to be suing ourselves – we will be suing them, jointly and severally.
However…
Attention all 1-1 owners – to get to this lawsuit, we need your help with the first lawsuit since one of the 13 major points is that all assessments (monthly HOA fees, water, cable TV, etc.) must be paid in accordance with the Master Deed Percentages. By winning just this one point with the first lawsuit, I expect to save $2,400 each year in overcharges for my ownership at Deer Ridge. If my calculations are right, all 1-1 owners will see this same $2,400 a year savings.
So, especially for 1-1 owners, it makes abundant sense to contribute $1,000 to the Deer Ridge Litigation Fund.
Continue reading Many Owners Not Paying Asinine Assessment At Deer Ridge
I strongly recommend you do NOT make your March 1, 2010 OR your 2011 “special” assessment payments to Deer Ridge.
Based on an independent legal counsel review of our Master Deed and Bylaws, his legal opinion is that this “special” Deer Ridge assessment is invalid for at least FOUR reasons:
- The GGRC Master Deed and Bylaws do NOT allow for ANY kind of “special” assessment of any kind. They only allow for monthly assessments that are set before December 1st of each year.
- The amount of the assessment for every owner is WRONGLY calculated. The “board” has applied what the attorney calls “arbitrary and capricious” cost allocations for ALL charges currently being paid by ALL owners at Deer Ridge. This includes your monthly HOA fee, the amounts for water, cable TV, telephone AND the calculated amounts that are being charged for this “special” assessment. The attorney says that ALL of these items MUST be in accordance with the Master Deed Percentages. Hence, any amounts currently being charged to each and every owner for this “special” assessment is wrongly calculated and should not be made!
- The “board” was required to provide COPIES of the detailed bid requests and bids to any and all owner to substantiate the Asinine Assessment’s outrageous $353,500 price tag – and NOT to just list, “Nuts and Bolts – $50,000!” Since they were unwilling to do so, this assessment is voided.
- The attorney has stated that the “board” is NOT the board. The board is required to be elected at the annual meeting and the annual meeting is REQUIRED to be held in the first three months of the year – not in April. The attorney states that the board is not the board and is powerless to implement ANYTHING.
For at least these four reasons, do NOT make your assessment payment for GGRC. You can read the full legal opinion from outside counsel by by clicking Legal Opinion.
Declaratory Judgment And Injunction
Instead of each of you paying $3,400 to $5,500 for this illegitimate assessment, join with us in obtaining a court ordered injunction to legally STOP this illegitimate “special” assessment and get a declaratory judgment from the court that will force this “board” to finally abide by our Master Deed and Bylaws.
To get an injunction, we need to file a lawsuit asking the court to rule on the interpretations of the GGRC Master Deed and Bylaws. We need your help with the legal fees that will be required to stop this assessment – and also to have the injunction and declaratory judgment provide for the full and complete return of monies paid in by owners who have already paid.
We ask that each owner to join with us and contribute $1,000 to cover legal fees and court costs to finally get this stuff resolved. If you can only do half of that amount or even less, those contributions would also be helpful and appreciated. The more contributions by owners, the more that can be litigated and the more likely we will win the case. (Bear in mind, nothing in court is ever a 100% sure thing!)
Our goal will be to also have the lawsuit go after recovery of all of our legal costs so those monies can be repaid to the owners who are willing to stand up and fight this fight. You can pay securely online via credit card or echeck by clicking Donate or mail a check to me at the address shown below and making the check payable to “Deer Ridge Litigation Fund.”
This $1,000 is a LOT cheaper than paying the outrageous amounts ranging from $3,400 to $5,500 for this illegitimate “special” assessment. Any unused funds will be returned, pro rata, to those Deer Ridge owners who contributed.
We have received several indications that monies already paid by owners into this “special assessment” are being squandered for other purposes – and we want to help make sure that all owners get all of their money back BEFORE it is completely squandered on a multitude of “uses” that were not even listed on the notice from the “board.”
Judge For Yourself
I have my opinions about things. Luther Parker and the “board” have their opinions about things. Here, for the first time, we have a LEGAL opinion from an independent attorney about what is really happening with your investment at Deer Ridge. The “board” has not shown any comparable, independent legal opinion. I am not an attorney – and neither is any member of the “board.”
I invite you to read the entire five page letter from Senior Partner Lewis Howard, Jr. at the law firm, Howard and Howard (www.howardhowardlaw.com).
Also read my open letter to Luther Parker and the “board” titled “Independent Legal Opinion: GGRC Board Guilty Of Numerous Violations / $353,500 Assessment Is Null And Void” and judge for yourself and reach your own conclusions.
You can find both at www.DeerRidgeOwners.com.
Questions / Want To Help Block The Assessment With An Injunction?
Please contact me ASAP at litigation@deerridgeowners.com if you would like to help stop this illegitimate assessment. Time really is of the essence on this!
With your help, we can stop what the attorney calls “the ongoing abuse of power” by the current “board” and return Deer Ridge to operating legitimately within the legal documents of our Regime.
It is past time to stop this “ongoing abuse of power.”
It is time to replace all of the current “board” with owners who will not abuse their power – and who will abide by the controlling documents of Deer Ridge.
Independent Legal Opinion: GGRC “Board” Guilty Of Numerous Violations / $353,500 Assessment Is Null And Void
The following is a copy of an email sent to Luther Parker, other “board” members and Joe Thomas on February 18, 2010 describing the legal findings of a real estate law firm concerning Gatlinburg Golf and Racquet Club – GGRC – and its subsidiaries RML and Ridge Resort Realty.
The findings of the law firm will probably change EVERYTHING about the way Deer Ridge is operated and managed.
Luther and the Board:
As I mentioned during the Special Meeting of February 6, 2010, I had personally hired a Knoxville-based real estate law firm to review many of the major conflicts and issues that have arisen between myself (and other owners) versus the Board, Joe Thomas and the decisions and policies you have been attempting to implement.
My instructions to the law firm, Howard and Howard ( www.howardhowardlaw.com/ ) and Senior Partner Lewis Howard, Jr. were to objectively and candidly evaluate these issues with the goal of determining the legal validity and the merits of our pursuing a lawsuit against GGRC and/or the individuals who make up the current board along with Joe Thomas, the general manager. This firm does not currently represent us for any pending litigation – but may be hired should we move forward.
The full legal opinion I received from them is attached to this email – with each and every part shown and discussed below – with my comments for each section. Note: I am not an attorney and do not practice law – so these are my interpretations of the sections of the attorney’s letter – trying to convey the realistic meaning from the necessary legalese.
Executive Summary Of Attorney’s Findings
For those who prefer to start with an executive summary, here are the bottom line findings by the attorney with regard to GGRC and the actions of the “Board” and Joe Thomas:
- You are REQUIRED to charge all owners ONLY in accordance with the Master Deed Percentages for everything: monthly assessments, water, cable TV, etc. This means no more 82% overcharge to all 1-1 owners.
- You are REQUIRED to provide all owners with COPIES of everything they request including invoices, check stubs, bids, etc.
- You are REQUIRED to get BOTH the 75% positive vote by owners AND the 90% positive vote by mortgage holders of all condo loans at Deer Ridge. Therefore, ANY monies you spend on walkway ramps will be your personal responsibility to pay.
- You are NOT allowed to ever have ANY special assessments – hence, the Asinine Assessment of $353,500 is NULL and VOID. No owners are required to fund a penny of this money – and any monies received MUST be returned to those owners who have already paid.
- You and other board members are going to be liable to repay ALL overcharges to both current and past 1-1 owners, along with interest. (This means you will be required to pay us back over $10,000 in our case – and more or less the same to other 1-1 owners – past AND present.)
- RML and Ridge Resort Realty are NOT legitimate – and must pay back every penny of GGRC’s money ever used for them – and these companies must be expeditiously sold.
- All “annual meetings” held in April are not official Annual Meetings – hence, all decisions, and votes made, INCLUDING board member elections, are NULL and VOID. This means that Luther Parker and every other member of the “board” are, in fact, NOT members of the Board and have no power whatsoever including setting assessments, making special assessments, setting rules and regulations, agreeing to any contracts about anything, etc. We will sue to have a special master appointed by the court.
- No board member or committee member may receive ANY compensation INCLUDING reimbursements for travel, meals, maid service, free storage or special remodeling of board member’s OR committee member’s units. When we do our review of the books and records, we are going to add up every penny that has ever been paid and individually sue each of you for the full and complete reimbursement of all of this money.
- The entire current “board” has committed multiple ultra vires acts that were outside the scope of authority granted you by the Master Deed and Bylaws even if you were a legitimate board. As such, these acts show gross negligence on your part and on the part of your “unified board that speaks with one voice.” As noted in the attorney’s answer to Question 12, these illegitimate acts of yours are actionable with all monies recoverable from you and all other “board members” and Joe Thomas personally – probably on a “joint and several” basis. That means we are going to go after the FULL amount for each illegitimate act from you and each of the board members until we collect EVERY penny that was spent on decisions that were outside the scope of authority. Based on my prior blog postings, I have already identified over $120,000 that has been spent without the proper Article XII approvals.
Those are pretty much the highlights – and as you can see, most of the above will have a MASSIVE impact on GGRC, RML, Ridge Resort Realty and each member of the “board” personally. It will also rightfully put $10,000, more or less, back into the pockets of all PAST AND PRESENT 1-1 owners who join with us in the lawsuit against those responsible for our gross overcharge of fees.
The above issues are the way things SHOULD have been done all along – and we WILL hold those accountable who have capriciously and arbitrarily chosen to ignore the controlling documents of Deer Ridge and GGRC Regime.
You all will NOT be able to claim ignorance on these issues – all of these issues have been brought to your attention multiple times over multiple years.
What Say You Luther?
You are hereby put on notice to immediately resolve all of the above issues.
If you do not, one of our expected remedies will be to file a derivative action suit on behalf of GGRC naming each of you, individually, as defendants in that lawsuit. This particular lawsuit will allow us to recover funds from all of you, individually, and require that the entire board be fired, with cause, for gross negligence. And, since this will be GGRC suing you, none of you will be able to use any past or current attorney who has represented GGRC.
Another legal action we intend to take will be to immediately gain an injunction blocking the special assessments and inter-pleading any and all funds already received to a court controlled account. Another legal action we intend to take will be a declaratory judgment suit over the above interpretations of the Master Deed and Bylaws.
Another legal action we intend to take will be for multiple past and current 1-1 owners, such as myself, to sue the board members, individually, for the 82% overcharge of all costs going back for years. Other, additional litigation is planned as needed. Bear in mind that we intend to also sue each of you for full recovery of all of our legal and court costs – and since it is fairly apparent we will win the issues, we expect to win on the legal fee recovery too.
Discovery motions will be immediately made that will require GGRC to turn over COPIES of ALL books and records related to GGRC and RML, et al.
So, Luther, are you going to continue to try to self-servingly block full and complete implementation of all of the above issues – or do you want to save everyone time, hassle and money by settling all of these issues here and now before we take the next steps? If you attempt to delay the above by squandering GGRC money for legal fees to protect yourself and other board members and Joe Thomas, you will be held accountable for this waste of money also.
You have THREE DAYS to satisfactorily respond to this email before I move forward with the necessary steps to accomplish all of the above. This process will start with a postal mailing to all owners, providing them with a copy of the attorney’s letter, advising them that they should not make any assessment payments and asking for them to join with me as co-plaintiffs against you and the rest of the “board.”
So, what say you, Luther? How do you want to get to the inevitable Point B?
The Attorney Letter – And Analysis
The following dissects the letter from the attorney with snapshots of each part of the entire document.
This first image shows the law firm, date, attorney and that it deals with GGRC issues. The letter responds to 13 sets of questions I posed with regard to Deer Ridge and the operation and management of GGRC, the property and with regard to RML. Continue reading Independent Legal Opinion: GGRC Board Guilty Of Numerous Violations / $353,500 Assessment Is Null And Void
Joe Thomas and the board make a big deal out of the fact that we have audited financial statements for GGRC and RML – and that, because of this, owners don’t have any need for copies of the books and records.
They make out that this “comprehensive oversight by an outside accounting firm” should give all owners complete confidence that all the books and records of our homeowner’s association are being done correctly.
This is a fallacy — and many owners are being lulled into false complacency just because they are being told the books and records are “audited.”
Hickman and Company A.K.A. Hickman and Associates
These folks have been our auditors at least for the past 8 years since I know they did the audits for 2002.
Is this some large regional, certified public accounting firm that has the proper, internal controls and procedures to thoroughly audit an organization and uncover any misdeeds or malfeasance that may be present in our homeowner’s association?
Judge for yourself.
Their website can be found at http://www.hickmanaccounting.com/about/
As you can see from their website, “Hickman and Associates is a tax and bookkeeping firm located in historic downtown Sevierville, Tennessee. A family firm, we have proudly served the community with three generations of for over fifty years. Hickman and Associates currently has four employees (all family members.)”
While these folks may very well be good bookkeepers and accountants, it is not clear from their website that any of the four of them is currently a CPA. It also is not clear whether this firm has ever had any recent peer review by the American Institute of Certified Public Accountants. The AICPA requires most CPA firms which claim to do audits have this periodic peer review to help ensure that audits are done correctly.
Again, I know of absolutely nothing negative whatsoever about this company, it owners or employees or its bookkeeping and accounting services. I will take on face value that they must have at least one certified public accountant who participates in the annual GGRC and RML audits they do for Deer Ridge.
Accounting Company Concerns
Even if Hickman are the best accountants and bookkeepers in the world, another major concern is that such a small firm may be overly dependent upon the business handed out by Joe Thomas. For such a small company, two audits and the bookkeeping services for Deer Ridge could make up a significant of their annual revenue.
During the Special Meeting that was held on February 6, 2010, Joe Thomas stated that we pay Hickman and Associates, et al the following each year:
- $1,300 for the GGRC audit and $1,800 for the RML audit.
- $5,400 for the GGRC bookkeeping and $21,000 for the RML bookkeeping.
- Total annual payments to Hickman from GGRC and RML: $28,600
What percentage of Hickman’s four person accounting company’s annual revenues does the above $28,600 represent?
If, hypothetically speaking of course, Joe Thomas threaten to take “his” GGRC and RML accounting business elsewhere unless the books were “cooked”, would such a small firm feel compelled to bend the rules or “look the other way?”
Consider that much larger CPA firms have been influenced by similar circumstances. (Example: Bernie Madoff’s auditor, David Friehling, CPA of Friehling & Horowitz, a tiny CPA firm that operated from a 13-by-18-foot office. Or, consider the 89 year old, 28,000 employee firm, Arthur Andersen CPA, that went out of business as a result of their federal criminal conviction for manipulation of the books for a company called Enron.)
Again, Hickman is most probably a very reputable firm with great people — but the above should be major red flags to all Deer Ridge owners that just because financials are audited does NOT mean that they are right – or that owners are protected from fraud.
What Exactly Is Audited?
Even if the CPA firm is doing a reasonably competent job, there are major opportunities for potential malfeasance at Deer Ridge.
Could something like that be happening at Deer Ridge using the small accounting firm that depends so much on Deer Ridge business? Again, it may or may not be an issue here with Hickman and Associates — but how can we know for certain?
The first thing to know about most audits is that all transactions are NOT checked. Most audits would only include “spot checking” sporadic accounts – and in many cases the CPA firm is directed by the client company to only check specific accounts that they know are pristine.
Let’s look at Hickman’s own cover letter for the audits they do for Deer Ridge:
“These financial statements are the responsibility of the Corporation’s management. Our responsibility is to express an opinion on these financial statements based on our audit.
“We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements.”
So, what does this mean? Continue reading Audits At Deer Ridge – The Fallacy and Joe Thomas – The Deer Ridge $10 Million Man
RML Illegally Formed – Board Decision Only – No Owner Vote!
If you click RML Minutes and Bylaws, you can finally have a copy of this important document that you probably have never been able to get from Joe Thomas. It even shows a stock certificate for the company.
These documents, which include the RML Minutes, Bylaws and Stock Certificate are some of the many hidden documents related to GGRC and Deer Ridge Mountain Resort.
This one downloadable document also contains one of the smoking guns we have already discovered in our recently scanned Deer Ridge History – 1987-2006 – about how and when RML came into existence.
Importantly, this document also shows the letter to owners from the Board of Directors dated December 11, 1987 stating that:
“A new legal entity – RIDGE MANAGEMENT LTD. – RML – is being established & incorporated to manage both GG&RC Condos and DRMR Rental Program – effective January 1, 1988.”
This clearly shows that the Board, acting alone and without ANY vote by the owners decided it was going to start a property management company.
The Master Deed and Bylaws do not provide for ANY funding of any such business entity and the Board has no power from these controlling documents to arbitrarily start any business whatsoever, including a property management company.
Using this same wrongly usurped power, the Board could decide to start all kinds of companies, just because they wanted to. If the Board can start a property management company, they could, in their infinite wisdom, decide we should start companies for a liquor store, an adult book store, a restaurant, a grocery store, who knows what else – just because, hey, some of the guests at Deer Ridge might want some of those goods and services.
Owners Should Only Have To Worry About The Real Estate Market For Their Investment At Deer Ridge – Not Operating Businesses
The point is that GGRC has no more business being in the property management or property brokerage business than any of those businesses. All of them open all owners at Deer Ridge up to significant, additional financial risks beyond those that go with owning a condominium.
As a result, part of our litigation will be to immediately seek a declaratory judgment from the Court that this company, along with Ridge Resort Realty are illegally formed and funded and that they should be immediately sold or otherwise disposed of for the highest possible price.
The history of Deer Ridge shows a clear pattern of capricious and arbitrary acts by Joe Thomas and the Board of Directors that are in direct violation of the controlling documents for this property.
Since, like this instance, the Board is operating without granted true authority, they may be deemed to be personally liable for any and all costs associated with the formation and operation of these illegitimate entities.
Ultra Vires
Directors have limited powers and may not take actions outside the authority granted to them by the governing documents or by board approval. An “ultra vires” act is one performed without legal authority; something done by a director which is beyond the scope of the director’s powers. And, starting RML and Ridge Resort Realty were WAY beyond their scope of powers granted them by the controlling documents of GGRC. Continue reading Deer Ridge: RML Minutes, Bylaws and Stock Certificate – And A Smoking Gun
We have a new, major document you can download from the “Documents You Can Download” Section in the left column of this blog – or by clicking Deer Ridge History 1987-2006.
This document is a complete scan of one Deer Ridge owner’s notebook of all his documents related to GGRC and RML from 1987 through 2006.
This may or may not be comprehensive – there were probably other documents during that time frame that didn’t make its way into this notebook.
However, as hard as Joe Thomas and the Board make it for owners to get copies of anything, we thought it would be worth the hours of effort it took us to scan in these 432 pages of history – so that all owners could have a digital version of their own. This way, this information will never get lost, misplaced or destroyed – but live on forever – making folks accountable.
Volume 2 Coming Soon
We have a second, similar sized notebook from the same source that we are just starting to scan. It covers 2007 to the present day.
This will take both of us about the same 4 hours to scan in, convert to text, etc. As soon as we have it, we will also post it here on www.DeerRidgeOwners.com as a “Document You Can Download.”
Totally Searchable Documents
In case you don’t know, if you download this document or any of the Acrobat files we provide and add it on your own computer’s hard drive, you can do key word and key phrase searches of the entire document!
When we do these scans, we take the time to convert them into text. It slows things down a lot – but it makes these documents a highly usable gold mind of information.
For example, if you search this document for the term, “Joe Thomas” you find his full name occurs 222 times and the word “Joe” occurs 389 times. And that is just before 2007. Likewise, the word “assessment” occurs 59 times.
How Many Smoking Guns Can You Find?
We have already spotted several “smoking guns” – which Joey and the Board are going to have a VERY hard time refuting since we plan on also using these documents in our upcoming litigation.
Enjoy the history lessons. Continue reading Deer Ridge History 1987-2006 – New Downloadable Document For All Owners
As I noted in my post, Deer Ridge Board Abuse Of Power Continues – Vote For Walkways Improperly Done, Joe Thomas and the Board have continued their abuse of power.
As the previous post says, the Board is REQUIRED to gain the approval of at least 90% of the mortgage holders of all loans on all condos at Deer Ridge. Not only have they not done this, they categorically REFUSE to do it. As a result, this vote is invalidated and will probably be a point of issue with the upcoming litigation.
We will press hard to, in fact, hold each member of the board personally liable for any and all monies spent on the railing alteration since they knowingly chose to blatantly ignore this provision.
“We Are In The Driver’s Seat – And Will Do What We Want To Do.”
That is a direct quote by one of your Board members, Tom Reise. In other words, Tom, speaking for the whole board, is telling all the owners that they hold all the power…and they can choose to ignore anything they want to – and to hell with the controlling documents for Deer Ridge and the rights of the owners to control what happens to their property and to their investment.
Even Their Minutes Are False
The totally controlled GGRC blog that does not even allow any owners to comment reported the minutes of the meeting on the Walkway Railings vote. However, true to form, their manipulated minutes do not even mention the prolonged discussion I raised on the 90% requirement – even though there was a discussion about this for at least 1o minutes before the meeting was hurriedly ended.
This is yet an other example of how the owners are NOT hearing the truth, the whole truth and nothing but the truth from the Board. We need to have the audio recordings of all board meetings made public so that this kind of manipulation of the proceedings can never happen again.
Board – You Better Learn A New Latin Term – Ultra Vires
Joey and the Board: If you plan on proceeding forward with the Railing replacements without the REQUIRED 90% vote by mortgage holders, you are in direct violation of the governing documents for GGRC and will be held, jointly and severally, personally liable for every dollar spent. You can be sure that we will pursue your ultra vires violations in any and all litigation regarding Deer Ridge.
You are hereby officially put on notice – and I strongly recommend you talk with your personal attorneys so they can explain this risk to you.
Ultra Vires
Directors have limited powers and may not take actions outside the authority granted to them by the governing documents or by board approval. An “ultra vires” act is one performed without legal authority; something done by a director which is beyond the scope of the director’s powers.
When that happens, each and every one of the board members will NOT be covered by the association’s insurance and will be held personally liable for his/her acts. Any contracts are voidable but the board, and especially the president, may be personally liable for any damages suffered by the home owners association.
Article XII of the Master Deed clearly provides that there shall be no alterations or additions to the common elements or any part thereof except as authorized by the Board of Directors and approved by not less than 75% of the total vote of co-owners and not less than 90% of the mortgagees.
Gross Negligence
Any expenditures not in compliance with this provision would be ultra vires acts outside the scope of authority of the Board of Directors and arguably would amount to gross negligence. (You better have your attorneys explain what gross negligence could mean with regard to GGRC and the rights of its 84 owners.)
Continue reading Deer Ridge Board – You Better Learn A New Latin Term – Ultra Vires
We have just been presented with two massive notebooks of historical documents on Deer Ridge that date back to about the time the property was built!
This 11″ stack of papers make absolutely fascinating reading – board minutes, incorporation papers for RML, annual meeting presentations, promises, excuses, provisional hiring, political force outs, side deals – the list goes on.
We have already begun the process of scanning ALL of this in as an Acrobat file that will be available to ALL owners.
This is a massive and time consuming project for both Jan and me – but we are doing this as a service to all owners at Deer Ridge – and will be adding this file to our “Documents You Can Download” section on the blog in the next couple of weeks – as soon as our schedules allow.
We have already found a couple of MAJOR “smoking guns” that will be used in our upcoming litigation. The great thing about it being totally digital is that it is easy for all owners to have a copy – and also easy for us to send a copy to our attorney and to the Court.
Another great thing, in case you don’t know this: Once it is scanned into Acrobat, it performs a complete OCR – making every bit of the documents keyword searchable! (You have to download the file and open the file with the free version of Acrobat to use this function – but it works GREAT!)
That means that, on any of the Acrobat documents I have done for Deer Ridge, you can type in whatever keyword or key phrase that interests you – and immediately find all occurrences of interesting phrases like, Joe Thomas, assessments, walkways, master deed, etc.
Try it, you will like it.
Anyway, just wanted to give everyone a head’s up for these coming attractions.
Watch for the smoke – so you will really know “who done it.”
(Click the headline to leave comments.)
Once again, the Deer Ridge Board continues its abuse of power by directly violating the Master Deed with respect to the vote on the walkway railings on February 6, 2010.
The First Phase Vote
Neil and I attended the Special Meeting for the Walkway Railing vote. The ending ballots by owners were 77% in favor. This means it apparently passed by 2% – with only two units voting differently, the vote would have failed. We saw the ballots and helped in the counting to at least make sure that the votes were tallying correctly.
However, we were not offered the voting certificates to compare signatures and have no assurance that some of the proxies might have been forged just to make sure the vote squeaked by. Then, there is the issue that the proxy required that anyone that was chosen as some one’s proxy would be required to attend. This constraint is NOT part of the wording of our Master Deed and Bylaws and hence, probably invalidated the results anyway.
Also, the biased wording of the proxy stated that the money was going to be spent either on repairs – or it was going to be spent on the “double-wide” metal railing approach. Owners did NOT have a right to vote on whether to spend the wasted $49,500 at all.
The REAL Problem – No Second Phase Vote
The real problem is that the board refuses to abide by the rest of the provision for alterations and improvements. 
As you can plainly see, they are REQUIRED to gain the approval of at least 90% of the mortgage holders of all loans on all condos at Deer Ridge. Not only have they not done this, they categorically REFUSE to do it. As a result, this vote is invalidated and will probably be a point of issue with the upcoming litigation. We will press hard to, in fact, hold each member of the board personally liable for any and all monies spent on the railing alteration since they knowingly chose to blatantly ignore this provision.
“We Are In The Driver’s Seat – And Will Do What We Want To Do.”
That is a direct quote by one of your Board members, Tom Reise. In other words, Tom, speaking for the whole board, is telling all the owners that they hold all the power…and they can choose to ignore anything they want to – and to hell with the controlling documents for Deer Ridge and the rights of the owners to control what happens to their property and to their investment.
Time To Replace The Whole Incestuous Board – And Kick Them ALL Out Of “The Driver’s Seat”
It is past time to replace these guys. All of them, Margie included. Many have been on the board WAY too long and all of them vote as a consolidated entity. That, by itself, is a HUGE red flag. Board members are legally required to act independently and NOT as a consolidated entity. Remember the World Com board and how all of them got individually penalized millions of dollars because of that?
It is time to kick ALL of them out of the “driver’s seat” – and elect those who are willing to be responsive to the owners and abide by the controlling documents of Deer Ridge Mountain Resort.
Major foundation shaking wind storm at Deer Ridge Mountain Resort today. Unfortunately, lost another major tree on the small island at the front of the property. This is the second major tree lost in the island this year alone.
Are we doing something wrong where this year we have lost two major island trees in four months? Considering that these trees have been here for YEARS, what are we doing, maintenance wise that might be wrong for proper root development?
Open Letter to Luther Parker and the Board regarding the announced Special Meeting for February 6, 2010 concerning the waste of $49,000 of owners’ money to replace perfectly good walkway railings.
Luther, David and the Board,
Pursuant to the GGRC Bylaws, I am required to submit the attached proxies to the Secretary at least one day before the appointed time of any Special Meeting. In accordance with this provision, please see the attached signed documents designating me as their appointed proxy.
I hereby vote NO as the proxy holder for these owners against ANY and ALL changes, alterations or even replacement of the existing Walkway Railings.
Note that I am able NOW – late Thursday night, to legitimately vote these proxies NO without attending the meeting on Saturday morning. (Don’t worry – I will be there.)
However, in reviewing your letter and ballot dated December 10, 2009, it states that if an owner designates a proxy then that proxy member MUST attend the special meeting.
Specifically, your Proxy Form states, “My PROXY will attend the Special Meeting of Homeowners Association being held at 9:00 AM on February 6, 2010 at the Pine Top Lodge and act on my behalf.”
The GGRC Bylaws (Article VII Section 4) state that “Votes may be cast in person or by proxy.” The obvious implication of this is that proxies may, in fact, be cast without the requirement of actual attendance, in person, by the proxy holder. In fact, proxy holders could vote as I did in the above paragraph.
There is NO requirement anywhere in the GGRC Bylaws that a proxy MUST attend any meeting in order to vote his assigned proxies.
As a consequence, proper notice and instruction has NOT been given all owners for the February 6, 2010 Special Meeting to identify a suitable proxy to represent them for the vote.
As a result of the illegitimate constraints and instructions in Luther Parker’s letter and proxy form, some owners may have felt compelled to choose proxies they would not have chosen if they had been properly instructed.
Some owners may have, in particular, selected board members ONLY because they knew they would be present at the meeting. Some of these owners may not have known they had the RIGHT to chose any owner to represent them for the vote at the Special Meeting – whether that representative was going to be present or not.
Since proper notice of a Special Meeting has NOT been provided to all owners, any votes and / or actions taken on February 6, 2010 would therefore be null and void and in violation of the GGRC controlling documents.
Luther, I am sure that you and the whole GGRC Board of Directors would ONLY want to do everything in full accordance with the Deer Ridge Master Deed and Bylaws and will reschedule the Special Meeting once proper notice and instruction have been given all owners about their true rights to select a proxy at Deer Ridge.
Robert
A-202
If you have not already voted, you can fax me your proxy. But bear in mind that no vote is a NO vote – since the Bylaws require the Board gets a 75% POSITIVE VOTE to proceed – plus a 90% vote of all aggregated lienholders.
We have just hired an established real estate-focused law firm in Knoxville to begin our legal pursuits against GGRC, Joe Thomas and the current Board of Directors of Deer Ridge Mountain Resort.
We have already paid the necessary retainer – so watch this blog closely for upcoming developments.
Do YOU believe that ALL owners of Deer Ridge deserve the following from their General Manager and Board of Directors:
- Transparency?
- Full accountability?
- Open and responsive communications?
- Right to audio recordings of all board meetings?
- Genuine access to copies of all books and records (except credit card info)?
- Copies of documents that prove that $353,500 is needed for the upcoming assessment (including $50,000 for “nuts and bolts”)?
- Genuine and through auditing?
- No special favors and illegal compensation for board members?
- Fair assessments and HOA fees?
- Adherence to all aspects of the controlling documents under which ALL owners purchased their units – The Master Deed and Bylaws?
- Fair treatment for all owner types: RML owners, non-RML owners and residents?
If these are reflective of your belief system, then I invite you to help us achieve these goals.
The consistent and predictable actions of Joe Thomas and the current Board make it clear that they are opposed to every one of the concepts described in the above bullet points. As a consequence, we have no choice but to pursue the above goals with legal action.
If you would like to help us achieve these goals, your contribution to our legal fund would help accelerate our success.
With enough in donations, we can hire BOTH an attorney AND a forensic accountant for the whole process through the Court in Sevier County to make absolutely certain we win EVERY point – and never have to fight Employee Joe and the Board on this stuff again.
Even a $100 contribution will help show that you are in favor of an open and FULLY transparent homeowners’ association at Deer Ridge Mountain Resort!
Thanks so much to those of you who have already contributed! Just click the button below to donate to the cause.
This post is in specific response to ONE of the many lies and gross misrepresentations contained in the Deer Ridge Board Attack Letter sent to all owners about me.
They are apparently SO desperate to discredit me, and the truths told here on this blog, that they are out on a vendetta to attempt to discredit what I say – even to the point of spreading rumors that I am senile. (I will let the readers of this blog determine from its content and the recent Investment Analysis for Deer Ridge whether the author is senile or not.)
These are the kinds of people we have currently managing Deer Ridge – and it is way past time for a change. But more about that very soon.
Joe Thomas and the Board Lied To All Owners Once Again
The Lie du Jour we are dealing with here is this one that was contained in their Attack Letter:
- “On November 15,2009, on his website, he posted pictures along with the allegation ‘Joe Thomas Butchers Deer Ridge Trees For Benefit of Non Deer Ridge Owner’ …What his cursory investigation failed to reveal was that one of the cabin owners on Moonshine Ridge, which overlooks Weber Road, also wanted some trees topped that were located on the south side of the road. Through the Maintenance staff, Joe contacted the landscaper that does contract work for Deer Ridge and referred him to the persons wanting the trees cut. The property line is very close to the road at this point and GG&RC only owns a 25 ft right of way from the center line of Weber Road. The topped tree closest to the road is 33 ft from the center line. Therefore, it appears that most, if not all, of the trees topped in this area were not on GG&RC property.”
From our analysis of the plat, the above “convenient” calculations by Joey and the Board appear to be very wrong and these trees are, indeed, on our property.
Do you believe it a coincidence that these trees were butchered at virtually the same time that this one cabin, the ONLY one that benefited from the butchering, signed on to be managed by RML? Please see: Joe Thomas Butchers Deer Ridge Trees For Benefit Of Non Deer Ridge Owner, Joe Thomas Butchers Deer Ridge Trees For Benefit Of Non Deer Ridge Owner – Chapter 2 and Tree Trimming At Deer Ridge: A Guest Post By Tina.
Thanks to the help of Deer Ridge owner Todd Novak, we reviewed the plats to the property in detail. He was outraged how the board had so obviously lied about so many things in their Attack Letter – including their spurious claim that Deer Ridge did not own those trees that Joe Thomas butchered – that Todd went to the County offices for Sevier County and got the following plats of Deer Ridge.
If you look at the following plat, Deer Ridge owns the 10.56 acres identified as Plot 3.
This coincides with the plats that are part of the Deer Ridge Master Deed.
The Truth About The Measurements
Based on the documents provided by Todd, I was able to run some measurements today on this issue using the surveyor’s plat and my satellite-accurate GPS to calculate the real distances.
Acrobat offers a great analysis tools for doing precise measurements to scale. Below you can see that we were able to find the exact location of the Joe Thomas Tree Butchering as located at N 35 45.942 and W 83 20.942. This location is identified at the bottom of the red scales show below. This shows the exact distance from the center of our road to the edge of Deer Ridge owned property to be 0.25″ – and when plotted to scale, that 0.25″ is equivalent to about 60′ from center line of the road to the edge of our property.
The following are enlargements of the above plat so that you can more easily see the scale of things. Note again, we are measuring at the bottom part of the two parallel lines which mark both the center of the road and the Deer Ridge property line. When you compare the scale, you will see that the distance is 60′ .
Now, let’s look back at the FALSE claim Joey and the Board made in one of their many lies in the Attack Letter: ” The property line is very close to the road at this point and GG&RC only owns a 25 ft right of way from the center line of Weber Road.”
The REAL distance is 60′ NOT the contrived lie by Joey and the Board of 25′!
Gee, guys, why the lie? Then, in the same part of their Attack Letter, they state,”The topped tree closest to the road is 33 ft from the center line. Therefore, it appears that most, if not all, of the trees topped in this area were not on GG&RC property.”
Even if their statement was true – that the topped trees were 33′ from the center line, ALL of the topped trees WERE on GGRC property – which means that Joe Thomas DID destroy Deer Ridge assets for the benefit of a non Deer Ridge owner!
But wait – there’s more.
When measured via GPS satellite data, the topped tree closest to the road is 20′ NOT the claimed 33′ that Joey and the Board make in their Attack Letter. ANOTHER lie. See data below. Continue reading Deer Ridge Board Attack Letter – Another Lie Exposed – Joe Thomas Tree Butchery
This is an open letter to Luther Parker and the Board regarding what we see as ongoing mail tampering at Deer Ridge.
 As a result of this blog, and the efforts of other full time residents at Deer Ridge, we were able to finally force Joe Thomas and the Board to erect private postal boxes like most multi-family residents have.
As a direct consequence of a conversation that we had with the Gatlinburg Postmaster, he saved a postal box pedestal for Deer Ridge so that the property had zero cost for adding this badly needed acquisition.
(The Board and Joey never gives us any credit for this stuff – but we invite you to ask the question directly of the Postmaster for the truth of our direct efforts. Postmaster Scott Genseal told us at the time that if he did not save the one he had currently on hand for us at Deer Ridge, the property would have to wait a year or two for another free one – or would have to go out and buy a new one for several thousand dollars.)
Joe Thomas fought these private mailboxes as long as he could because he doesn’t want to lose any CONTROL at Fiefdom Deer Ridge. Please see our other posting on this subject by clicking Postmaster Says We Have A Right To Demand Individual Mailboxes that I posted on September 20, 2009.
As a result of this forced action, Joey has once again reacted in his typical petty way: attempted retribution against anyone who holds him accountable or interferes with his perceived fiefdom.
The following is a copy of our email about this latest Joe Thomas incident.
To: Luther Parker and Deer Ridge Board
We attempted to get our mail the past two days. Some of it was delivered properly into the new mailbox. However, the postal person is also delivering to the front desk any mail that does not have our unit number.
Obviously, we still have a right of delivery of our mail to the front desk, along with any oversized parcels that come addressed to us at Deer Ridge whether it includes our unit number or not. As  you know, a vast majority of Deer Ridge owners have their mail addressed to 3710 Weber Road without any unit number – and most of this is forwarded by the office staff to their home address.
However, as part of the ongoing harassment and attempted intimidation by General Manager Joe Thomas, he has intentionally and willfully interfered with the timely delivery of our mail, and the mail of other residents at Deer Ridge. We are fully convinced personally that we have not received some of our mail at Deer Ridge as a result of mail tampering by Joe Thomas.
We believe his actions are a criminal violation of federal law and that Joe Thomas is attempting the same violation with regard to every permanent resident at Deer Ridge.
Joe Thomas is attempting to falsely claim that if our unit number is not on the mail, it cannot be delivered to us. It appears he has even returned some of our mail, marking it as undeliverable. Other mail has been held up in his office for no reason whatsoever. This alone is a criminal violation of federal law. When our mail is delivered to the front desk, the office person is fully capable of seeing that the mail is addressed to us and put it in our slot for mail in the office.
Instead, our mail is being routed to Joe Thomas’ desk for “review.” Joe Thomas has no right or authority to “review” our mail or delay its delivery to us.
Please see the attachment with Joe Thomas’ handwritten signature evidencing his illegal actions.
We have already taken these letters with Joe Thomas’ notes and presented them along with an official complaint to the Gatlinburg Postmaster, Scott Genseal, asking that federal authorities fully investigate Joe Thomas for these alleged violations of federal law. As of today, we have also file a formal complaint with the U.S. Postal Inspection Service with copies of the below hand written notes by Joe Thomas.
Scott assured us that we, and all other residents, have every right to receive our mail at the Deer Ridge office if it arrives without our unit number and that Joe Thomas’ actions are in fact intentionally delaying our mail. Delaying and otherwise tampering with mail is a federal crime. Continue reading New Official Mail Tampering Complaints Filed Against Joe Thomas At Deer Ridge
Will you really lose $40,000 cash if you buy a rental condo at Deer Ridge and use Ridge Management Ltd?
As an owner-occupied home, Deer Ridge is an incredible value with THE best view in the Smokies and great amenities.
However, several owners and would-be owners of Deer Ridge condos have asked me if these units are a good investment or not. To help answer that question objectively, I had to analyze the real moving parts of buying and owning here.
The following is my detailed investment analysis based on buying a 1-1 condo unit at Deer Ridge Mountain Resort in Gatlinburg, Tennessee. The numbers for the other sized units at Deer Ridge are very similar, bottom line.
Here are a few pages of the analysis to show you the format. Click any of the following pages to immediately download the full report.
The Main Assumptions – Using RML To Lease and Manage:
- $50,000 purchase price with $2,000 for initial improvements and $2,000 for closing costs.
- Down payment of 25%, with a mortgage of $37,500 at 7% fixed for 30 years.
- Total resulting initial investment of $16,500.
- 28% marginal tax bracket, 15% long-term capital gain and no state income tax.
- The current $3,400 special assessment for 2011 and 2012, with an additional, average $1,000 per year assessment per unit starting in Year 3 and required for other things like roof, parking lot and “oh, by the way…” ideas from Joe Thomas and the Board.
- Annual appreciation rate of 3% per year, as an average, over the next 10 years.
- Selling costs of 10% – to cover brokerage, closing costs, etc.
- Rental income per night averaging $90 per night after accounting for specials, packages, Hotels.com / Expedia / Etc. discounts with rental rates increasing, on a net basis, by 3% per year.
- Continuation of the historical Joe Thomas and RML 39% economic occupancy for all units on average at Deer Ridge across the entire year. This equates to a 61% economic vacancy rate. (This is the historical average across the past 8 years – with no signs of any improvement.)
- 40% RML management fee. (RML has upped this fee several times in the past – but this is the current charge.)
- $270 per month for the HOA fee (the highest per sq ft. charge in the entire Gatlinburg, Knoxville area.) This represents an 82% overcharge compared to the amount that should be charged for 1-1 units according to the Master Deed. This is expected to be a major point covered with upcoming litigation filed against GGRC and / or its Board of Directors.
- Water at $116 per month. This represents double what should be charged for 1-1 units according to the Master Deed.
- Contents and liability insurance of $300 per year, $500 per year for internal maintenance and/or forced upgrades required by RML and another $500 per year for repairs. Maid service is shown at only $100 per year for spring cleaning. Also shown is the RML pass through costs for credit card fees of about $250 per year.
- Cobbly Nob taxes of $668 and Sevier County taxes of $400 per year.
- Electricity of about $1,000 per year on average along with charges for cable TV and telephone.
- Expenses increasing 5% per year.
The Projected Numbers – Using RML To Lease and Manage:
- Negative Net Operating Income for all ten years after all income and expenses. This means, even without a mortgage of any amount, the property loses money every year. Over 10 years, this adds up to a loss of out of pocket dollars more than $31,000 – excluding any net proceeds from sale.
- With the 75% mortgage described above, the numbers are a lot worse. Over 10 years, your loss of out of pocket dollars would be almost $68,000!
- Taking appreciation into account, if we sell after 10 years and sell the unit for $67,200 after buying it for $50,000 with 75% financing, then the loss after all benefits of every kind would still be almost exactly $40,000!
- That is a $40,000 LOSS – Not Gain – With everything taken into account after 10 years!
- This means after owning at Deer Ridge for 10 years, there would be zero net profit – and it will end up costing you $40,000. This equates to costing you $4,000 a year in order for you to have a place to use and enjoy as a vacation home – assuming you are not “RML Abusive” and want to actually use your unit during the summer or holidays or during the peak foliage time in October.
- If you were to actually hold for longer – say 20 years, it gets even worse. In that case, it would end up costing you over $86,000!
The Conclusions – Using RML To Lease and Manage:
Did you rent your Deer Ridge Mountain Resort unit through Ridge Management Ltd., RML, for all of 2009?
Wonder how your unit’s performance stacked up against the other units for rental? Well, here’s a chance to find out.
An owner of one of the 2-2 units at Deer Ridge provided me a copy of their year end RML statement. Here’s what their numbers looked like for 2009 (used here with their permission):
A Quick Analysis
- Owner X had gross rental income on their unit of $14,454 for all of 2009.
- In December, the income was $456 for 6 rental nights according to the above information. This works out to an average nightly rental rate of $76.
- Since this is a 2-2, let’s assume that the average nightly rental was $105 per night across the whole year.
- This means that for $14,454 of gross income, this unit was rented for about 138 nights out of the 365 nights in a year.
- This means that this unit saw an economic occupancy of only 37.7% – or conversely, a vacancy rate of 62.3% for the year.
- These numbers are consistent with the entire Deer Ridge property as a whole, which has suffered from an average annual economic occupancy of only 39% for the past 8 years under the very questionable leadership of General Manager Joe Thomas.
Is Deer Ridge A Good Investment? / Bad Investment?
- Owner X saw distributions for the whole year of $4,504. This works out to an average monthly check to them of about $375 per month.
- From this distribution, Owner X had to also pay: Sevier County taxes, electricity, content and liability insurance, HOA fees and other maintenance from wear and tear and theft. All of this added up to about an additional carrying cost of about $5,800 for the year.
- This means, that Owner X lost about $1,300 for the year – not counting debt service. This also does not include the costs for any of the thousands of dollars the board is requiring for the upcoming Asinine Assessment.
- If the monthly mortgage payment was $320 per month, then the total LOSS for the year for Owner X was over $5,000!
- If Owner X keeps their unit for 10 years – and these same trends continue, this means that the aggregate loss for them will exceed $50,000!
Does this make it a good investment – or a bad investment for owning a condo at Deer Ridge?
The answer to that is not quite so black and white – and needs a much more in depth analysis to reach a valid conclusion.
Because so many owners, and prospective buyers, want to know if Deer Ridge is a good or bad investment, my next post will be a comprehensive analysis and downloadable document – so you will finally KNOW the answer!
How Did YOUR Unit Compare to Owner X?
In the meantime, how did your unit stack up to Owner X? Continue reading Deer Ridge Rentals – How Well Did YOUR Condo Unit Rent in 2009 Using RML?
If you have not already done so, please vote NO – check “NO – I DO NOT approve the alteration” on the walkway railings vote that is coming up in the special meeting on February 6th.
You can download a copy of the ballot / proxy by clicking Ballot.
If you prefer, you can name me as your designated proxy to vote on your behalf. Just download the same Ballot and fax or mail it to me. My fax number is 270.596.3732.
Since many of you have indicated severe doubts that your NO ballots will make it to the meeting since they were mailed to Joe, please also fax me a copy of your ballot so I can take them to the meeting.
Remember, not only does Joey and the Board have to get at least 75% positive vote from the owners – they also need to get at least a 90% positive vote from all the lien holders for all the condos at Deer Ridge – and show they have the right organization and the right person approving the alteration.
And, I will be there to make absolutely sure that Joey and the Board comply.
Jim and Wanda Goebel mailed the following letter to the GGRC and RML Board of Directors yesterday and copied me on their letter. With their approval, I have included it below.
 What about you?
Is Deer Ridge, as we currently know it – with its insider deals, secrecy, ongoing violations of our Master Deed and insidious conflicts of interest – what we REALLY want to keep?
Or, is it time all of that ends – and we have a Deer Ridge property that is good for ALL the owners? Continue reading Guest Post By Owners Jim and Wanda Goebel: Deer Ridge Is A Bad Investment
Thank You!
I want to thank the growing number of owners at Deer Ridge Mountain Resort who are supporting this blog and its primary goals. Those goals include making GGRC and RML transparent, accountable and compliant with the controlling documents of our property: The Master Deed and Bylaws.
These documents are the “law of the land” for Deer Ridge – and these “laws” have been systematically, substantively and repeatedly violated by Joe Thomas and the current and past boards of Deer Ridge. As more of you have become acquainted with these laws and your rights as owners, as a result of this blog, your sense of outrage over these ongoing, intentional violations by Joe Thomas and the Board has joined with the voices of other owners who are now demanding long needed changes be made immediately at Deer Ridge.
This growing, vocal demand has finally gotten a response from Joe Thomas and the Board.
You will be receiving an unsigned letter purportedly from the GGRC / RML Board of Directors concerning some of my efforts to accomplish the above goals. Not surprisingly, their 8 page letter is solely focused on their ongoing villainization and disinformation about me that has been going on for years – attacking me and my ever constant demand for implementing the above goals.
Fortunately, so many of you have started to call, email and otherwise voice your own demands to Joe Thomas and the board that the Deer Ridge Owners Blog goals be met, that they have felt compelled to generate this most recent attack letter in an attempt to deflect the growing complaints against the old way, their way, of doing things.
Here’s a hint for Joey and the Board: Your attempted deflection won’t work. Your violations of Deer Ridge Law will no longer be tolerated.
Joey And The Board Have No Authority To Be Thought Police Overseeing All Owners At Deer Ridge
Joey and the Board continue to believe that they are the ONLY people who can have an opinion about Deer Ridge and its operations…and they consistently set out to attempt to discredit and alienate ANY owner who does not agree to abide by their warped sense of proprietary and priorities.
My guess is that many other owners would agree with me that the board is completely out of line trying to censure ANY owner from expressing their rights to freedom of thought and expression. For some reason, Joey and this board think it is alright to try and tell an owner how to think and behave – even when they have no authority whatsoever to do so.
Thought Police is NOT one of the authorized duties of either the general manager or the board.
The board members, as individual owners, have a right to their own ideas and opinions – but have ZERO right as the board of directors to use HOA fees to prepare and mail out any document on GGRC letterhead attempting to censure individual owners for expressing their opinion.
If individual board members wish to mail all owners their PERSONAL opinion about me or anything else, they are welcome to do so – WITHOUT using GGRC letterhead and without HOA fees being used for the postage.
Here’s another hint for Joey and the Board: A growing number of us will no longer tolerate your attempts to control and intimidate owners.
Your lies and secretive actions will see the light of day and be fully exposed for the coordinated deception they are. Each owner is fully entitled to their own ideas and opinions regarding Deer Ridge – and no one is required to follow your dictatorial wishes with regard to their opinions about Joe Thomas and the board and use and enjoyment of THEIR property as long as they abide by the Master Deed and Bylaws. And no where in those controlling documents are you empowered in any way to be Thought Police for every owner at Deer Ridge.
However…all owners have a right to demand COMPLETE transparency about the way their investment is being handled – and to demand that the elected board provide that transparency AND that the board abide FULLY with the controlling documents that are part of the purchase documents for each and every condo at Deer Ridge. Every owner has the right to demand full accountability of Joe Thomas as general manger and every board member to account for every penny – and follow every article and bylaw of our controlling documents.
As such, I demand that Joe and each board member reimburse GGRC for the time, postage and all other expenses incurred as a result of them sending this completely inappropriate attack letter to all owners and to go on record apologizing for completely overstepping their authority with their letter of attempted intimidation and censure.
If you want to send the same letter to every owner again, fine – but have the forthrightness to send it yourself, under your individual signature, using your own postage. Don’t hide behind some unsigned letter and charge all owners. Or, set up your own private blog at your own cost, unaffiliated with Deer Ridge management, and rant away to your heart’s content.
Welcome To New Visitors To This Blog
Most of you who are regular readers of this blog are already aware of the multitude of mistakes, errors and misrepresentations, intentional or otherwise, that are contained in this most recent attack letter. However, since their letter references our blog so many times, I am hopeful that many of you now reading this posting are here for the first time, trying to find out for yourselves if the claims in the attack letter are true. If you are here for the first time…or the first time in a long time, welcome!
I invite you to read all the postings and all the many dozens of comments made by your fellow owners at Deer Ridge. I also invite you to join in the dialogue by registering and adding your own comments to each individual posting that interests you.
Unlike the new Joe Thomas and Board Blog, where they do not allow ANY comments and discussions by owners, but only post their own propaganda, this Deer Ridge Owners blog is specifically set up to give ALL owners a voice in their property and investment in Deer Ridge.
In the last three months since it started, this blog has had over 2,800 unique visitors, many visiting multiple times, with over 20,000 page views, 7,200 search engine robot visits and over 3,400 feeds. We continue to average about 1,500 visits a month to the blog. Not bad for zero advertising and a small 84 unit property!
Some Points of Issue With Their Current Attack Letter
There are SO many errors, false statements, half-truths in the board’s attack letter, I won’t bore you with refuting them all except to ask you to explore this massive blog to find your own answers. However, some of the points are so flagrant, I will respond to the following, along with providing specific links where you can get more information to make your own decisions.
Just a quick note about firewood for Deer Ridge Mountain Resort in particular and Gatlinburg area in general – we’ve found a great guy for firewood for this cold winter.
We just got our second order from Matthew Roark and highly recommend him for both great prices and total dependability. He lives near Deer Ridge and can usually deliver and stack it on your balcony with very little notice. We pay $40 for a small pickup truck full – which is a LOT better than the tourist rate at the front desk – or what you have to pay at Food City.
If you are interested, call Matthew at 865-216-2729.
The following was part of my December 4th email I sent in response to Joe Thomas’ email at Deer Ridge Mountain Resort. The brackets from this comment are so clear on this point, I thought it deserved its own posting.
Joe,
With the long running untrustworthy track record of you and the board when it comes to abiding by the Master Deed and Bylaws, it is not surprising that so many owners are calling and writing me – with all of them concerned that you and the board were once again going to violate the rules.
Speaking of which, WHO was responsible for the $120,000 that was illegitimately spent on the ill-conceived pavilion, the pool area improvements, the massive office changes and the new maintenance building additions?
Since Article XII of the Master Deed has gone completely unchanged for the past 25 years, were these illegitimate construction projects a result of:
- Gross negligence?
- Gross incompetence?
- Fraudulent behavior?
- Illiteracy by you and/or all board members?
- Total disregard for the Master Deed and the rights of all owners?
Since you and the board seem to now see the light of day in the requirements of Article XII, there has GOT to be a reason Article XII was NOT followed for all those COMPLETELY illegitimate projects that cost me, and all other owners, a huge amount of wasted money.
I believe the above five points list all possible reasons that Article XII has been violated SO many times in the past by you and current and past boards.
This is NOT a rhetorical question — we expect a clear answer. So, Joe, which of those five answers is the right one?
I have not received an answer to THIS very direct question.
Don’t Ask, Please Don’t Tell – The Joe Thomas Management Philosophy
Think about it.
Joe Thomas has been on this property as General Manager for at least 8 or 9 years, based on the information at the Tennessee Real Estate Commissions. Continue reading Deer Ridge Mountain Resort: Who IS Responsible For Multiple Violations of Article XII of the Master Deed?
The following email was sent to Luther Parker and the board of Deer Ridge Mountain Resort on January 2, 2010. It was also sent to GGRC attorney, Chuck Sexton.
Luther,
You and Joe Thomas and the Board are hereby put on notice that any walkway railing “test” is a DIRECT violation of the Article XII of the Master Deed. Period.
In your letter to all owners you state, “The ownership should be cognizant that the Building and Grounds committee, Board and Management, contractors and maintenance staff would like to do a test run on one walkway. Additionally, if the test run is successful, the Board would like to see this project completed by the April 2010 Owners meeting (if approved).”
Please reread Master Deed, Page 16, Article XII, number 2 to better understand that “There shall be no alterations or additions to the Common Elements or any part(s) thereof except as authorized by the Board of Directors and approved by not less than seventy-five (75%) percent of the total vote of the Co-Owners of the Regime.
Let me step through the complicated logic here for you: NO means NO.
NO means that you can NOT destroy what we currently have – even to run a test without the 75% approval. NO means that you cannot do ANY alterations. Period.
Please have your attorney explain that to you if you need any additional clarity.
If you and Joe Thomas move forward with ANY alterations whatsoever at Deer Ridge without the REQUIRED 75% vote, then all of you, including every member of the “board” will be held personally accountable and financially responsible for this blatant violation of the Master Deed.
With your December 10th letter, you have ADMITTED that Article XII must be followed.
By doing so, you have ADMITTED that you and Joe Thomas and other members of the board, both past and present, have wrongly violated this provision in the past, squandering over $120,000 since I have owned at Deer Ridge.
This admission makes you and the board even more guilty if you move forward with this “test run” since now, with your December 10th letter, you can no longer claim, “Gee, I didn’t know any better…”
Additionally, bear in mind for the upcoming meeting on the Walkways, I will be there with proxies from other owners.
I will want to see detailed spreadsheets, estoppel certificates and other proofs that the Board is ALSO complying with the following ADDITIONAL provisions of the Master Deed, Page 16, Article XII, number 2: “Where the approval of Co-OWners for alterations or additions to the Common Elements of this Regime is required, “the approval of Institutional Mortgagees whose mortgages encumber Apartments representing not less than ninety (90%) percent of the total unpaid dollar indebtedness as to principal on said Apartments at said time shall also be required.”
This will require you to obtain a complete and comprehensive listing of ALL mortgage holders for all 84 units at Deer Ridge, including any and all second liens, equity loans, etc. It will require an estoppel certificate from each and every mortgage holder, verifying that they still own the loan, the amount of the unpaid principal balance, and that the person signing any ballot or proxy has the personal delegation of authority of the institution to sign said ballot or proxy. This step will also require a detailed spreadsheet showing the required arithmetic to demonstrate that the Board has received the REQUIRED 90% of all mortgage holders.
The above is in addition to providing proof of the seventy-five (75%) percent of the total vote of the Co-Owners of the Regime.
NOTE AGAIN – ALL OF THE ABOVE IS ALSO REQUIRED EVEN FOR YOUR PLANNED TEST RUN OF THE WALKWAY RAILINGS!!! Continue reading Deer Ridge Mountain Resort: Open Letter To Luther, GGRC Attorney Chuck Sexton and Board – Walkway Railings Test Requires Vote First!
Joey And The Board Are About To Trample YOUR Rights Once Again
Readers of this blog know that I have been pushing hard for the Board and Joey to abide by the rules of the Master Deed and Bylaws. Readers also know that one part of that push has been with regard to Article XII – which requires, in part, that 75% of all owners have to give PRIOR approval for any alterations or improvements.
By now, all owners have received the packet from Luther about their desired double wide metal railings for which they want us to spend an unneeded $40,000.
Luther tells you in his letter that he has now magically had the epiphany that it takes a 75% vote to approve any alterations or improvements to our property. He then has the audacity to tell us all that whether we approve it or not, the $40,000 will be spent on “repairs” to the walkway railings anyway, so you might as well approve it.
Well, several of us owners have walked every walkway and we find there is less that $2,000 worth of needed repairs!
Additionally, we have now pointed out that Luther and the Board need not only a 75% vote of all owners…they also needs a 90% vote of all lienholders for all condos at Deer Ridge! See Deer Ridge Walkway Railing Alteration Fiasco – Vote NO! for details.
Well, guess what?
Joey and the Board are getting ready to ignore Article XII once again and conduct a “test” by replacing railings on at least one of the buildings here. Proof:
This is the rollaway dumpster that showed up on property today. Wanna bet it was here for the demolition of our walkway railings? Our guess is that Joey said, “Not today – too many owners are around on New Year’s Eve. We have to sneak you in here some other time.”
A “Test” Is A Violation of Article XII!
I don’t care if the test walkway railings are free (and my guess is that they are NOT – thereby squandering more of the owners’ money) – Joey and the Board are NOT authorized to even do a test case without the 75% vote and the 90% vote!!! Luther, if you and the Board cannot understand Article XII have your attorney or an eighth grader read and explain what all those words mean!
It is mind boggling that you think we owners are so stupid that you believe we can’t see your logic flaw?
Many owners we’ve talked with are already upset over the way that Joey and Luther are railroading this through – again, in direct violation of our controlling documents – and usurping the power of the owners to make these decisions.
Let the Board know that NO means NO! Stop this before it happens! Email them – and/or post your comment here.
We’ve never been at Deer Ridge when they were having this week long convention. It is mostly free and meets in Pigeon Forge at the Music Road Hotel & Convention Center. We’re looking forward to attending and participating. If you plan on being at Deer Ridge that week, we invite you to join us.
Robert and Janet
(Click Wilderness Wildlife Week to see the actual website for this information and updates.)
Wilderness Wildlife Week, the ultimate Smoky Mountain experience, is a series of activities sure to connect Pigeon Forge visitors with the wide, wonderful world of the great outdoors.
In 2010, we celebrate the 20th anniversary of this very special event. Visitors will enjoy more than 100 experts sharing their knowledge of the outdoors in more than 175 seminars, lectures and hands-on workshops. Get up close to nature with your choice of more than 50 guided walks and hikes. Music lovers will enjoy tunes performed by authentic Smoky Mountain musicians at AppalachiaFest.
Wilderness Wildlife Week offers activities for all ages and attracts thousands of nature lovers to Pigeon Forge each year. The International Festivals & Events Association has recognized the event for its environmental and educational efforts. Visit this page again to learn more Wilderness Wildlife Week details as they develop. Continue reading 20th Annual Wilderness Wildlife Week January 9-16, 2010 Gatlinburg / Pigeon Forge
All Owners Are Negatively Impacted By Joe Thomas’ Actions As Principal Broker At Deer Ridge
Joe Thomas serves as General Manager of both Gatlinburg Golf and Racquet Club HOA (GGRC) and Ridge Management Limited, Inc. (RML) property management company and as Principal Broker of Ridge Resort Realty, another affiliated company of RML – creating a HUGE issue with conflicts of interest to the detriment of Deer Ridge Owners.
Joe Thomas and the Board run this property as if it were a motel – publicly chastising and villainizing those owners who do not choose to rent their units using RML – or, God forbid, live in their units.
We contend that through his position as Principal Broker of the on site real estate company, Joe Thomas has attempted to overtly control the ownership of units here by encouraging ONLY those potential buyers who indicate a willingness to rent their units through RML while STRONGLY dissuading others potential buyers who want to live in their unit, not rent it, or if they want to rent it themselves.
Other brokers in the Gatlinburg area have indicated an unwillingness to work with Joe Thomas or list units at Deer Ridge or even co-broker units because of Joey’s strong bias to only sell to those who want to use RML. Because of this inherent conflict of interest, the market values of units at Deer Ridge have been severely depressed when it comes to resale, thereby penalizing all owners.
Want proof? Consider that the real, closing price current market values of Deer Ridge units is virtually unchanged from the original selling prices of Deer Ridge in 1984! 25 years and no substantive increase in value???
Since RML is, at best, BARELY holding on right now – Joey can’t afford to lose even one unit from RML. If all 11 units that are currently listed for sale on the Ridge Resort Realty site sold to non-RML owners, the RML party would finally be over – and even Joey and this Biased Board could no longer hide the huge cash drain that RML has caused for all owners.
Think about it.
If Joe Thomas is AGGRESSIVELY trying to keep a MAJOR portion of interested buyers from buying at Deer Ridge – just because he thinks they might not use RML – that means MUCH fewer contracts get submitted and owners have less chance to raise prices. As a matter of fact, less demand means long periods between contracts and sellers who are motivated by this Great Recession to sell – are forced to lower prices – and even fire sale their units.
Often, I believe these fire sales are caused by Joey purposely dissuading buyers from buying who might want to live here. Remember, Joey makes a lot more money for his little empire from getting a unit in the clutches of RML than he will make off the sales commission here – especially if there is another broker involved who is taking half the commission.
Also, bear in mind that Joey doesn’t give a damn what kind of money a seller nets when they sell at Deer Ridge.
If you are selling, and on RML, he knows he has a lock in to rental income from you owning the property. The longer he can delay the sale of your RML rental unit, the better off he is since there is always a risk when it sells, it will be bought by someone who WON’T keep the unit in RML.
Also, if you are selling, once you are gone, you can no longer do ANYTHING to help him or hurt him…so again he doesn’t care an IOTA whether you, as a seller, make or lose money from your sale or not.
Next, please?
Joe Thomas’ SOLE focus is on whether he can make money off of the unit you currently own with his little RML empire. To him, your unit, actually EVERY unit, is strictly a commodity with interchangeable owners…a commodity for him to utilize to HIS fullest – and your use of YOUR condo is at best an aggravation to him…and sometimes, a screaming rage when you want to do something with your unit for YOUR benefit.
All of that is my personal opinion of course – but doesn’t it make logical sense based on the antics and actions you have seen from Joe Thomas?
Joe Thomas’ Unholy Trinity Role at Deer Ridge of being the General Manager of GGRC, the General Manager of RML and the Principal Broker of Ridge Resort Realty has created a despicable conflict of interest to the determent of ALL owners. The only person who is winning is God Joe Thomas as he rakes in OUR money from serving in his Trinity Role.
Amen. Praise the Lord and pass the plate.
Right now, very few folks are buying vacation homes. Add to this that Deer Ridge has NEVER made economic sense as an income property since, even debt free, these units are a guaranteed negative cash flow given the current, outrageous HOA fees we all have to pay.
This means that the only real market for these units that are for sale – are folks who plan on either living in the unit full time – or plan on using their unit so much that RML doesn’t make a lot of sense. Actually, for owner occupants, Deer Ridge is a steal! The price per foot for this property is obscenely low – especially considering the fantastic view and the amenities. With so many folks downsizing right now, Deer Ridge could be an ideal primary residence for a lot of folks in the East Tennessee area.
Folks, Something Needs To Change
Actually, a LOT needs to change at Deer Ridge – and one of those changes is that we abolish Ridge Resort Realty and file a complaint with the Tennessee Real Estate Commissions concerning Joe Thomas’ self serving impact on Deer Ridge unit sales.
All we have to do is stop operating the whole property as Little Joe’s No Tel Motel and Mountain Resort, stop the biased selling of units, sell off RML – and get the HOA fees adjusted so that they are in compliance with the Master Deed and Bylaws. Oh, and get a general manager and Board that are trustworthy, transparent and open – and allows all owners to have full access to copies of ALL books and records.
THEN, we will see MAJOR very quick increases in the market value of all Deer Ridge units – benefiting ALL owners.
Filing Complaint With Tennessee Real Estate Commissions
For all of the above reasons, we and other owners will be filing an official complaint against Joe Thomas with the Tennessee Real Estate Commissions.
You can join us by filing a complaint – all you have to do is click Tennessee Real Estate Commission Complaint Form and mail the completed document to the address shown.
Still not yet convinced to file?
Then, please read on to see if perhaps, just maybe, I can convince you. Continue reading File A Complaint Against Joe Thomas With Tennessee Real Estate Commission
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Thanks!
Deer Ridge Litigation Fund Do you, as an owner at Deer Ridge Mountain Resort, believe we are ALL entitled to have access and be able to copy the books and records of our Homeowner's Association?
So, do I.
But, apparently, Employee Joe Thomas and President Luther Parker and the Board disagree - and are doing all they can to block access, publication and candid discussion of the Asinine Assessment, special deals and favored treatment - at the expense of all Owners.
What ARE they so afraid of us finding out?
Maybe it has to do with the HUGE $10,000 overcharge for my HOA Fees, special assessments, water and cable TV bill - which, in my personal opinion, is due to fraudulent intent or at least gross negligence by the Deer Ridge Board of Directors and / or General Manager Joe Thomas. Please see the posts for details.
We have no choice but to file a lawsuit against GGRC and RML in order to finally, once and for all, make it clear that OWNERS do have a right to all the information about our property and our investment at Deer Ridge.
If you have thoughts and ideas and suggestions, please post them here on this blog.
If you have any clout with the Board, convince them to stop the charade - and let the owners have the information that all owners own!
If you want to help cover the legal costs to get us the right to see the bids for $50,000 for nuts and bolts - and the other background documents for the $353,500 Asinine Assessment, please click on the Donate Button below.
With enough in donations, we can hire BOTH an attorney AND a forensic accountant for the whole process through the Court in Sevier County to make absolutely certain we win EVERY point - and never have to fight Employee Joe and the Board on this stuff again.
Even a $100 contribution will help show that you are in favor of an open and FULLY transparent homeowners' association at Deer Ridge Mountain Resort!
Thanks so much to those of you who have already contributed!
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