Both guides also include Wedding Chapels and Wedding Related Services. After all, Gatlinburg - Pigeon Forge is second only to Vegas as the Wedding Capital of the USA.
These are my personal images and photos that show the beauty of the view from Deer Ridge Mountain Resort and the Great Smoky Mountains National Park, Cobbly Nob and the Gatlinburg, Tennessee area.
Just click the Play button to watch - or click Big Picture to see a much larger slide show on a dedicated page here at DeerRidgeOwners.com.
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!
Disclaimer
Legalese On
GENERAL DISCLAIMER FOR ALL PAGES AND POSTS AND EVERYTHING ELSE I DO OR SAY REGARDING DEER RIDGE AND ANY AND ALL RELATED PARTIES:
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.
Please note the obvious:
Everything I ever say or write in person, via emails, or on my blog, about Deer Ridge or any and all related entities and organizations or any and all affiliated personnel or owners, is strictly my own personal opinion of course - based, in part, from my owning a unit at Deer Ridge for over five years - and on my own personal history.
That history includes earning a Presidential MBA degree, being awarded a Bachelor of Science, With Honors, in Engineering Physics from UT, working for NASA as a rocket scientist at Marshall Space Flight Center, 30 years of CEO experience directly employing and managing many hundreds of people at multiple companies I personally started and operated (including one that I took public), 15 years experience buying and selling over $100 million of property and managing more than 45,000 rental units - AND being able to read and do four-function arithmetic.
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.
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.
Comments Welcome From All Visitors
You are welcome to leave your comments on the various posts on the blog. You no longer have to be registered to comment. (Even regular contributors had trouble remembering their log on passwords!)
Note that SPAM blockers are in place - and all comments require approval to be visible.
So, let's hear from you on these topics!
To view the comments, you need to click on the post topic to see the entire post and the comments.
"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.
T Minus Two Weeks And Counting – All Systems Are Go!
Our HOA lawsuit regarding Deer Ridge Mountain Resort with Joe Thomas, Luther Parker, Larry Ohm, Tom Reise, Margie Duncan and David Barone – otherwise known as the “Gang of Six” – is finally going to trial two weeks from this Wednesday.
We can’t wait!
Firstly, I would like to thank all of you who have called or written me or my attorney in the past few days wishing us best of luck and giving us support for the upcoming trial. It is very much appreciated!
After all this time, we will finally get the opportunity to present our facts to the judge on our case. We expect it to be a simple ruling on the correct interpretation on various aspects of our Master Deed and Bylaws for GGRC.
Our Property Rights Are Controlled By Our Governing Documents – NOT Arbitrarily By The Board
The Gang Of Six has attempted to capriciously and arbitrarily modify the property rights of every individual owner at Deer Ridge. These fully defined and written property rights are part of our Master Deed and Bylaws that we all had before we each bought our unit. These property rights include what percentage of the common expense each unit is responsible for, what is included as the legitimate common expenses for the property and what has to be done by way of a vote of all owners and mortgage holders when any improvement or alteration of any part of the property occurs.
We are highly confident that the judge will quickly find that these property rights are NOT something that can be modified at will by any board of directors of any condo association or homeowners association.
With this one simple ruling, everything at Deer Ridge will change.
Everything Will Change At Deer Ridge
The amounts for everyone’s monthly HOA fees, along with the amounts for the water bill, cable TV, telephone and special assessments will have to be completely recalculated for EVERY unit at Deer Ridge. This includes past, current and future amounts! This may also include past and current owners!
It will also mean that RML has never been a legitimate expense for GGRC and the TWO MILLION DOLLARS that RML has lost all homeowners over the past 17 years was illegally squandered by those board members who ruled over our HOA.
It will also mean that the more than $200,000 that was illegitimately spent by the Gang of Six on improvements and alterations may be able to be personally reclaimed from the individual board members: Luther Parker, Larry Ohm, Tom Reise, Margie Duncan and David Barone.
If you are another one of the 30 one bedroom units at Deer Ridge, you have been overcharged by 82% every month for the past several years and the amount of your “special assessments” have included major overcharges.
If I win this lawsuit in two weeks, I highly recommend that you immediately bring your own legal action so that you can reclaim possibly tens of thousands of dollars from GGRC, RML and each member of the Gang of Six. If you hesitate, there may not be enough money for everyone to immediately get back all the monies everyone will be owed from all of these illegitimate overcharges.
Contact My Attorney Now If You Own A One Bedroom Unit At Deer Ridge
I strongly recommend that all one bedroom owners at Deer Ridge immediately contact my attorney so that you can benefit from all of the work that I’ve already put in this case. Here is the contact information:
Jim MacDonald
865-525-0505
As I have mentioned, once we win this case I believe there will be a “run on the bank” against GGRC, RML and the Gang of Six for all of the illegitimate overcharges.
Eight Years Down – Eight Years To Go?
We have now owned at Deer Ridge for almost eight years and are looking forward to at least another eight years once justice is served, our overcharges repaid with interest, our other claims validated and significantly lower HOA fees in our future.
All of this should translate to significantly higher market value for all one bedroom units.
Do You Want A Trivial Dog And Pony Show – Or Do You Want Answers To Critical, Hard Questions?
The Deer Ridge “Annual Meeting” is April 20, 2013 at Joe’s Folly Pavilion at Deer Ridge Mountain Resort in Gatlinburg Tennessee.
I will, once again, not be attending this year’s “annual meeting.”
I have been advised by my attorneys to avoid participation in the “annual meeting” so that I can maintain my rights to future litigation against the board for operating ultra vires since there were at least23 years of invalid board meetings, decisions and votes between the suspect vote allegedly approving the date change and the required filing on the deed records.
That having been said, our first trial is set for April 17, 2013 – so it’s conceivable, although very unlikely, that the first part of the lawsuit will be completed three days earlier than the annual meeting. However, I believe the likelihood of having a decision from the bench by the judge in the case in time for the annual meeting is remote.
More about this in a few minutes.
Which Deer Ridge Owners Have The Business And Investment Expertise To Ask Sixteen Hard Questions At The Annual Meeting?
Have any of you noticed the modus operandi around Deer Ridge is for Luther Parker and Joe Thomas, along with the rest of the board, to simply not answer questions they don’t want to answer?
And, when they do answer, their response is vague, arm-waving and without proof?
It seems to me that many owners here are, unfortunately, intimidated by The Gang of Six (Joe Thomas and the five board members) to the point that they won’t ask the hard questions and demand direct answers backed by proof.
Instead, way too often, nobody seems to push back on these bullies when they refuse to be held accountable for their actions and illegitimate acts.
Wake up, owners!
They are screwing around with YOUR investment, your money and your real estate!
Just like the bullies we all had to face in school, the only way to stop bad behavior is to stand up to these jerks and demand transparency and answers.
1. So, are there any other Deer Ridge owners with the balls to ask the hard questions, demand real answers and not tolerate vague, incomplete, arm-waving responses?
2. Are there any business folks who know how to manage people and hold them accountable for their job performance?
3. Are there any investors who know how to read and really analyze financial statements?
4. Are there owners who can understand the legalese of our Master Deed and Bylaws and hold Joe Thomas and the board accountable for violations of our governing documents?
If you fit one, or more, of those four descriptions and refuse to let Luther Parker or Joe Thomas intimidate you any longer, are you willing to go to the annual meeting, stand up and demand real, meaningful, comprehensive answers to the following Sixteen Dirty Deer Ridge Questions?
If you’re not going to the annual meeting, are you willing to e-mail these 16 questions to Joe Thomas and every board member?
Note: Each question has words in blue that give you links to the background information on that particular topic. That way, you will be fully prepared for any BS answer or non-answer you get from Luther Parker or Joe Thomas!
The Sixteen Dirty Deer Ridge Questions To Ask Joe Thomas And The Board
——— Start Cut And Paste To Email These Questions To Joe Thomas And Each Board Member ———–
1. “Why has the board already squandered over $100,000 of OUR money on its personal vendetta to pursue legal action against Robert Goodman in order to possibly get $4,600 that he disputes? And, this INSANE amount of wasted money doesn’t even count the probable, additional $40,000 that you plan on spending on the second trial trying to shut down his blog.
From what I see, you all started this mess by filing a lawsuit to stop his First Amendment right to free speech and his blog – and your vendetta will cost GGRC over $140,000 in legal fees for the first trial and the end is nowhere in sight.
You all may be personally offended by what Goodman says, but you are the ones actually hurting GGRC – not Goodman. Why aren’t you all using your own money for your vendetta legal action instead of wasting GGRC funds?”
If Goodman wins, we will also have to probably pay all of HIS legal fees on top of our squandered $140,000. I assume his legal fees are at least half of ours. Even if you win this nightmare, you will probably never collect – which means there is ZERO upside potential for us owners.
This probably means that this board of directors has made the incredibly stupid business decision of risking over $200,000 to $250,000 of our hard earned money for the hope of forcing Goodman to pay $4,600 that he contests is not owed. I see that as a clear violation, by each of you, of your fiduciary responsibilities to the homeowners at Deer Ridge.
And this doesn’t even include the $3 million in counter claims he and six other owners have against GGRC, RML and the members of the board.
2. “Luther, in light of the audits showing a $2 million loss, why did you fraudulently state in your November 15, 2011 letter that ‘RML does not cost the HOA. In the past it funded GGRC approximately $45,000 per year. The cost to operate GGRC remains the same with or without RML. HOA fees would not be cut in half?’ “
3. “Luther, why did you and the board continue to lie to all owners about these massive losses and claim that our our HOA fee could not be greatly reduced if we were not burdened with RML?”
If you don’t think Robert Goodman’s financial analysis of these audits is correct, exactly which line items of his report do you think are wrong – and why?
4. “Why are we continuing to struggle with keeping RML when there are clearly other rental management companies that owners can use that are cheaper than RML for Deer Ridge Condos and don’t create the unlimited risk for all owners that we have with RML?”
5. “Why is it that RML needed to raise everyone’s management fee to 50% – but as soon as Robert Goodman successfully negotiated a deal with Cobbly Nob Rentals for 35%, you guys could magically match that much lower rate without RML losing money just 100 days later?
I also understand that Pioneer Cabin Rentals is willing to offer the same services as RML and Cobbly Nob Rentals – but for only a 30% management fee – which is a whole lot less than the 50% rip off rate you all instigated for RML before Goodman negotiated better rates for us all.”
6. “Since the audits show that RML is losing money, and have always lost money, then why are non-RML owners being charged every month to support what they don’t use and what hurts GGRC?”
7. “Since the audits show that RML is losing an average of $116,000 a year, why are we still in this motel rental business – other than giving Joe Thomas a job and making units available for trade-outs so Joe and board members get golf junkets, and other vacations using our units for your currency?”
8. “To what extent have employees and board members benefited in any way from ‘trade outs‘ that used owners’ units for unlimited free nights as personal currency for Joe Thomas, board members and their families and other employees of RML or GGRC?”
Exactly, what trips, restaurant bills, personal favors and what other services, goods and benefits have Joe Thomas and each of the board members, or anyone related to them, ever received as a direct or indirect result of RML ‘trade outs’?
Do you have a printout that shows all owners exactly what nights each of their units were used for free in exchange for these trade outs, exactly what the trade out was for and with whom – and what benefit GGRC or RML gained from each of these trade outs?
9. “Why, after all of these years, do we need to squander money on 24/7 security that costs us over $50,000 extra a year – when Pittman Center police tell us that there has been no marked increase in crime of any kind at Deer Ridge during the past decade?
It sure looks like just another slush fund to me.
Also, who is Red Hawk Security and why were they chosen for our security when they have no web site and nothing but a Knoxville telephone number? What are their credentials that motivated us to hire them?
Does Joe Thomas or any board member or any one related to Joe Thomas or any board member have any ownership or profit participation with Red Hawk Security?”
10. “Why was this security cost treated as a ‘special assessment’ when it looks to me like you guys are going to have this $50,000 expenditure every year if you have your way? Why wasn’t this just added as another part of our already highest-in-East-Tennessee monthly HOA bill?
Why is it that I received several reports from owners telling me that there’s never any security at the property at night? Exactly what is our payment that we make each month for the security service and does it equal the $50,000 per year that you claim?
Please provide us copies of the last 12 months of invoices and canceled checks for all of this security that we’re supposed to be paid for. Is this just a slush fund that you’ll use for expenses that you do not want to show to owners?
11. “Why is Joe Thomas and the board intentionally trying to interfere with owners using a different management company other than RML by implementing control freak rules and regulations and add on fees?
It looks to me that Joe Thomas and the board are intentionally wanting to hurt and interfere with any owners who want to save money by using someone besides RML. GGRC should ensure that it is a level playing field for all management companies without trying to penalize GGRC owners.”
What are those funds being used for in the interim and why the hell are you greatly increasing the risk for all owners by refusing to escrow these payments exactly as required by our Master Deed?
Why is it, again, that you all think you can do as you damn well please – and ignore the specific requirements of our regime documents?”
13. “Why were the pool french doors with digital access constructed without the required vote of 75% of all owners when it is clearly an ‘addition or improvement’ as defined by Article XII of the Master Deed and Bylaws?
15. “Do GGRC and RML maintain the books and records in exactly the format required by the Tennessee Horizontal Property Act (§66-27 -113.) – i.e., can you show me TODAY (without your ridiculous constraints) the Administrator’s Book with a listing for the past 10 years for every item of income and expense for both GGRC and RML in CHRONOLOGICAL order with EVERY line item having an attached receipt or invoice?
I don’t want to see financials or audits or other special reports – I want to see the Administrator’s Book in the exact format explicitly required by Tennessee state law. Do you have it to show me TODAY – and if not, why are the board and Joe Thomas continuing to violate state law and when do you expect to comply with the law?
16. I am one of the 30 owners of one bedroom / one bath units at Deer Ridge, 36% of all units. Why does this board continue to overcharge us, as a group, by 82% each month on our HOA fee along with overcharging us on special assessments, water, cable TV and telephone charges?
Don’t I deserve to have the board abide by the Master Deed and Bylaws that I used in my pre-purchase due diligence to determine if Deer Ridge would be a good investment for me?
What right do you have to unilaterally change my property rights from those that were described in the filed, governing documents of this property that I relied on prior to my purchase?
What disclosure do you now give new purchasers of one bedroom units that accurately reflects that you do not abide by the property rights that are explicitly detailed in the official, filed governing documents of Deer Ridge?
You do realize if Goodman wins in court, I plan on suing you also for overcharging me by 82% all of this time.
My guess is that several of the one bedroom owners will be suing this board and GGRC for a whole lot of money if the judge rules that you have, in fact, been violating the Master Deed of Deer Ridge and my property rights.
I guess you can add all these new claims by other one bedroom owners to the QUARTER OF A MILLION DOLLARS that you may squander in your vendetta lawsuit against Goodman.
And this doesn’t even include the $3 million in counter claims he has against GGRC, RML and the members of the board.
——— Stop Cut And Paste To Email Above Questions To Joe Thomas And Each Board Member ———–
Those are just SOME of the hard questions that should be asked face-to-face in the annual meeting. Do you have the balls to ask these questions?
Note: EVERY owner at Deer Ridge has the RIGHT to ask these questions AND get complete, honest answers from the board members and general manager including proof that what you are told is the documented truth.
These questions have NEVER been answered by Joe Thomas or the board!
Don’t you want to know the real answers to each one of the above questions?
Not Attending The Deer Ridge Annual Meeting?
The good news is that you can still show you are a good enough investor and manager to ask the hard questions and demand real, complete answers.
How?
Send an email to Joe Thomas and every board member.
Just cut and paste the above questions into an email – and demand full and complete answers.
It should take less than a minute of your time.
The email addresses for Joe and the board are listed below. Feel free to modify the questions and ask other questions about Deer Ridge, about RML, about the freebie trade outs…about the state required Administrators Book…and anything else you want to know about your property and your investment.
Pretty easy, huh?
Are you going to continue to be intimidated by this Gang Of Six – or are you going to finally demand real answers? Are you going to keep forwarding that same email with follow up phone calls until you finally get answers?
If you don’t mind, please copy me on your emails that you send – and any responses that you get!
Thanks,
Robert
PS: Check out our Deer Ridge Owners YouTube Channel – Two Dozen Videos and over 65,000 views so far – with more videos coming soon! Just click DeerRidgeOwners!
PPS: Be sure and pay attention to everything that happens or is said if you are in the live audience at the annual meeting. Then, read the minutes that you get from Secretary David Barone and see what was left out – and what was falsely spun differently than what actually happened during the meeting. You might be surprised by how tainted and biased David Barone reports things as our Secretary. Please let me know the discrepancies – and I will combine your report with others who attended the meeting and post those differences on this blog.
————————————————
Gatlinburg Golf & Racquet Club Ridge Management Ltd. – Board of Directors
Email Your Questions To Each Of Them Today!
President Luther Parker
Unit B-202
Email: parker.luther@gmail.com
139 Harbor Ridge Lane S
Memphis, TN 38103
Phone: 901-526-0067 (H)
Vice President Thomas Reise
Unit B-204
Email: tomtrip@frontier.com
1107 A Czech Lane
Friendship, WI 53934
Phone: 608-339-3089 (H)
Treasurer Larry Ohm, CPA
Unit E-301
Email: larryo@skdocpa.com
9315 N. 8000 E. Road
Grant Park, IL 60940
Phone: 815-465-6530 (H)
Secretary David A. Barone
Unit D-303
Email: davidbarone@optonline.net
108 Carpenter Place
Monroe. NY 10950
Phone: 845-782-9491 (H)
Director Margie Duncan
Unit D-204
Email: mickmargie@zoomtown.com
9120C Timberbrook Lane
Florence, KY 41042
Phone: 859-384-7376 (H)
General Manager Joseph Thomas
Email: joe@deerridge.com
3229 Autumn Lane
Kodak, TN 37764
Phone: 865-932-1669 (H)
865-436-2325 (0)
Updated $3 Million HOA Lawsuit Filed against All Individuals On Deer Ridge Board, Joe Thomas and GGRC
Last week, just in time for the holidays, we filed the amended answer and counterclaim of Robert Goodman.
This had the effect of updating, and totally reinstating, our $3 million HOA lawsuit against all individuals on the Deer Ridge Board of Directors, Joe Thomas General Manager, Ridge Management LTD. and GGRC.
The individual board members included in this lawsuit as defendants are Luther Parker, Tom Reese, Larry Ohm, David Barone and Margie Duncan.
The addresses, phone numbers and email addresses for these defendants are shown below.
Our $3 Million Counterclaims
The complete 20 page answer and counterclaim can be read in its entirety by simply clicking the image of the first page on the right of this posting.(Depending on your Internet speed, it may take a few seconds to open – so patience please!)
Our counterclaim for the $3 million begins on page 8 of the 20 page document and includes updated claims that have yet to be heard by the Court.
This includes claims for deceptive trade practices and an updated class action suit that is now restricted strictly to owners of one-bedroom units at Deer Ridge Mountain Resort.
Our counterclaim also provides for the dissolution of GGRC, RML and Ridge Resort Realty, along with the appointment of a Court directed receiver who would take over all managerial operation of all aspects of Deer Ridge Mountain Resort including GGRC, RML and Ridge Resort Realty.
Our counterclaim also provides for each and every board member to pay GGRC back the $120,000 that was illegitimately spent by them on projects that had not had the required vote from 75% of all owners and 90% of all mortgagees.
Additionally, we already have sufficient Deer Ridge owner votes to show the Court that we meet the requirements for pursuing a derivative action lawsuit against each of the individual board members.
A derivative action forces GGRC as an entity, to pursue, as a plaintiff, legal action and financial clawbacks of misappropriated funds or funds illegitimately spent as a result of ultra vires actions by each individual board member.
They may be shocked to learn that they are probably not individually protected by any indemnification clause in the Master Deed and Bylaws. This could result in all of the individual board members having to pay back tens of thousands of dollars to GGRC.
Additionally, our counterclaim requests that the Court award us all our attorneys fees and court costs associated with this litigation. This would mean that GGRC would have to pay all of our legal fees on top of the estimated and squandered $125,000 in legal fees spent by the board.
MUST READING
I would highly recommend that everyone who has a “dog in this fight” read this document in its entirety so that everyone fully understands the ramifications of this litigation and the countersuit that I have brought against Joe Thomas and the rest of the Gang of Six.
Once you’ve read this you will see that the propaganda that is distributed by Joe Thomas and the Board is not reflective of the realities of this litigation.
Over $100,000 In Legal Fees Squandered By Deer Ridge HOA Board
As I covered in a recent post, the five individuals on the Deer Ridge HOA Board of Directors have already squandered $80,000 in legal fees and are expected to squander at least another $20,000 in legal fees connected to the first of two trials that is scheduled for April 2013.
My expectation is that our total squandered Deer Ridge HOA fees will top $125,000 by the time both trials are completed. The individuals who are responsible for this wasted money are Joe Thomas, Luther Parker, Tom Reese, Larry Ohm, David Barone and Margie Duncan. These are “The Gang of Six.”
All of this money has been squandered by these five individuals on the Deer Ridge board in order to pursue an illegitimate $4,000 claim against me – and for them to attempt to interfere with my First Amendment rights that are related to this blog.
Remember, Joe Thomas and the rest of the Gang of Six, are the ones who started this with their lawsuit against me 2.5 years ago. They are the ones who are responsible for squandering OUR money!
Board Unwilling to Settle Lawsuit or Go to Binding Arbitration
You would think that a responsible board would be much better stewards of owners’ money.
This $125,000 estimated legal bill is coming out of every owner’s pockets, including mine.
Through our attorney, we have officially offered to settle the lawsuit. The board has not responded.
Through our attorney, we have officially offered to resolve every issue that is in dispute by going to binding arbitration which would only cost each side a total of about $10,000 and get all issues resolved in less than 90 days. The board has not responded.
Through our attorney, we have officially offered motions for summary judgment to the Court for the purpose of quickly resolving all disputes – but they have aggressively and vehemently done all they could to block the court hearing on motions for summary judgment.
These facts alone should provide clear insights to all owners that the board is either completely incompetent – or they have some hidden agenda that motivates them to avoid getting these matters cost-effectively and time effectively resolved.
Kind of makes you wonder, huh?
What You Can Do
If you agree that this obvious vendetta is an obscene waste of HOA funds, I would highly recommend that you, and every other Deer Ridge owner, call each and every member of the Board of Directors and Joe Thomas, so that you can fully communicate your individual opinion.
If the board members cannot give you sound, logical reasons why they plan on squandering $125,000 to pursue a disputed $4,000, we should fire every one of them. We can wait till the annual homeowners meeting in April 2013 or we can start a petition now and fire each of them with a simple majority vote.
Call Or Email Your Questions About Squandered Legal Fees And Lack of Settlement
And Lack of Binding Arbitration To Each Of Board Member Today!
President
Luther Parker
Unit B-202
Email: parker.luther@gmail.com
139 Harbor Ridge Lane S
Memphis, TN 38103
Phone: 901-526-0067 (H)
Vice President
Thomas Reise
Unit B-204
Email: tomtrip@frontier.com
1107 A Czech Lane
Friendship, WI 53934
Phone: 608-339-3089 (H)
Treasurer
Larry Ohm, CPA
Unit E-301
Email: larryo@skdocpa.com
9315 N. 8000 E. Road
Grant Park, IL 60940
Phone: 815-465-6530 (H)
Secretary
David A. Barone
Unit D-303
Email: davidbarone@optonline.net
108 Carpenter Place
Monroe. NY 10950
Phone: 845-782-9491 (H)
Director
Margie Duncan
Unit D-204
Email: mickmargie@zoomtown.com
9120C Timberbrook Lane
Florence, KY 41042
Phone: 859-384-7376 (H)
The board minutes of November 2012 discloses that Joe Thomas, Luther Parker, Tom Reise, Margie Duncan, Larry Ohm and David Barone plan on squandering “at least” another $20,000 in legal fees to move forward with the next step in half of their current litigation against me. This is on top of their previously disclosed $59,644 that had been already wasted out of the pockets of all owners.
So, combining the forecasted legal fees along with the previous disclosed legal fees brings us to a total of about $80,000.
By the time you count all of the depositions and other discovery that will be required by both sides prior to the trial in April 2013, I predict that the $20,000 that they estimate for this first of two trials is grossly understated. My expectation, by the time we get to the trial in April, is that the incremental legal fees will exceed $40,000.
This would bring the total to $100,000 that would be spent on the first of two trials.
Add to this the cost of pursuing the second trial for the Gang of Six attempt to interfere with my First Amendment rights of free speech. They have already admitted that this second trial will require 7 to 10 witnesses along with accompanying depositions and even more discovery.
As a consequence, I predict that legal fees for the Gang of Six for the second trial will probably exceed another $25,000.
This would bring the total legal fees to over $125,000 of owners’ money that would be spent by the Gang of Six on both trials.
All of this wasted money in legal fees is being spent to collect $4,600.
Does this sound like a rational, business decision by the “Board” – or does it sound like the personal vendetta that it really is?
But, wait, there’s more!
Legal Fees For The Joe Thomas And Gangs Vendetta
In order to save everyone time and money on the very important issues of this case, I’ve tried to expedite resolution in accordance with hearings on summary judgments.
The Gang of Six has done everything they could to block these hearings on summary judgment.
Additionally, I’ve previously offered to agree to binding arbitration to resolve all matters in this case. Click Binding Arbitration Offer to read my prior offer.
The Gang of Six did not respond to my offer for binding arbitration which would have quickly resolved, once and for all, all the issues involved in the current litigation.
As you can see, with binding arbitration I believe that the total incremental cost for legal fees for each side would be less than $10,000 and everything would be resolved one way or another.
True to form, the Gang of Six did not want to risk losing on these issues and did not take me up on the offer. Instead, during that time they squandered another $10,000 in legal fees and still have no resolution in hand.
If the Gang of Six really believes that they have such a strong case on the issues, you might ask them why they did not take me up on my offer for binding arbitration.
You also might ask each board member and Joe Thomas just how much more of our money, in addition to the current $60,000, that they plan on squandering of OUR money on even more legal fees with their personal vendetta.
The First Trial To Be Set For April 17, 2013
On August 29, 2012, there was a hearing before the Court on our litigation with Joe Thomas and the rest of the Gang of Six. During that hearing, it was decided to break apart the current litigation so that the SLAPP suit for defamation, etc. and the financial claim that I did not pay the special assessment could be held as two separate trials.
The great news about this is that we are finally going to trial on exactly the same issues that we wanted heard in our multiple requests for summary judgment!
This trial is set April 17, 2013.
The bad news is that Joey and the Gang of Six will probably squander another $40,000 of OUR money with even more legal fees on top of the current $60,000.
The First Trial
This first trial will be specifically focused on the special assessment in which the Gang of Six claims that I owe approximately $4,000.
Our defense and counterclaim will show that we’re actually owed over $20,000 after netting out the $4,000 for the special assessment. (The total amount is a moving target since we continue to be overcharged month after month!)
We will show the Court that we are owed this amount as a result of the Gang of Six overcharging us, and all other one bedroom owners, by 82% every month as a result of them not abiding by the GGRC Master Deed and Bylaws.
We will also show the Court that we, and all other owners, have had to pay for the recent $353,500 special assessment as a result of over $2 million in GGRC funds having been squandered on supporting the negative cash flow of RML during the past 16 years.
We will show that RML is not a legitimate subsidiary of GGRC and the $2 million that has been spent supporting RML is not an approved “Common Expense.”
We will also show the Court that we, and all other owners, have had to pay for the special assessment because over $200,000 in capital improvements were not properly approved by the owners and the mortgagees as required by our Master Deed and Bylaws.
We will show the Court that there would’ve been no need for the special assessment if GGRC had not been burdened with the $2 million illegitimate support of RML and the ultra vires acts by the Gang of Six squandering over $2.2 million in total of our HOA funds.
The great thing about having the trial specifically on these matters is that it will require the Court to finally rule on the proper interpretation of our Master Deed and Bylaws.
The Judge during the August 29 hearing indicated that he rightfully understood that these are rules of law on which the Court must rule. So, in order to rule on our specific defenses to the $4,000 claim made by the Gang of Six, the Court will be required to review our Master Deed and Bylaws and interpret them before the Judge will be able to decide the outcome of the trial.
We are absolutely confident that the Judge will interpret the documents the same way we have, and the legal opinion of Lewis Howard of the law firm of Howard & Howard have – and will not support, in any way, the skewed and twisted interpretation that the Gang of Six has relied on for so long.
The Upshot And Consequences To The “Board” And All Deer Ridge Owners
The upshot is that we expect to win this case and will end up filing a follow-up motion to document and collect our major claim that GGRC and/or the Gang of Six will owe us our net $20,000-$25,000 PLUS payment of OUR legal fees and litigation costs.
Even more importantly, the ramifications of the above expected ruling will change everything in the way things are done at Deer Ridge Mountain Resort.
The Gang of Six will finally have to adjust all monthly HOA fees to reflect the proper Master Deed Percentages. This means that the monthly fees for one bedroom units should drop to less than $150 per month, along with drops in the amount one bedroom owners pay for water, telephone and cable.
Conversely, if you own a 2-2-Loft, be prepared for a 50% increase in your monthly HOA fee and the amount of your water, telephone and cable bill. This is the amount required by the Master Deed and Bylaws…and 2-2-Loft owners will no longer get a free ride at the expense of the 30 owners of one bedroom owners.
This ruling should have the effect of dramatically increasing the saleability of one bedroom units at Deer Ridge…along with probably severely depressing the saleability of the 2-2-Loft units.
Bear in mind that not only will all future HOA fees be required to abide by our Master Deed – there should be a “claw back” requiring all 2-2-L owners to repay all undercharged fees and assessments.
The Court’s ruling will also, hopefully, require that GGRC immediately shut down RML as an illegitimate subsidiary that has been illegally funded by our HOA fees.
Furthermore, if the Judge rules that Gang of Six has acted ultra vires, then the foundation is laid for the Gang of Six members to have to repay approximately $200,000 back to GGRC…and possibly the full $2 million that was funneled to RML without proper authority.
Equally important is that all past and present owners of one bedroom units at Deer Ridge will have a major claim against GGRC and hopefully also against the Gang of Six.
If the Court rules that we have in fact been overcharged 82% every month on our HOA fee and overcharged on our water and cable TV and telephone charges and that we’ve been overcharged on every special assessment, then all one bedroom owners deserve a refund with interest of all overpaid funds.
Even if the special assessment is ruled to still be due, the amount owed by all one bedroom owners would only be approximately $2,156 instead of the wrongly charged $3,400 that was charged by the Gang of Six.
With the predicate that our win will have on the liability of GGRC, all past and current owners of one bedroom units at Deer Ridge Mountain Resort will be able to file their own claim for full restitution.
I would recommend that each of you contact my attorney, Jim MacDonald, to discuss filing your own suit to recover your own overcharges along with interest. Jim’s telephone phone number is (865) 525-0505.
Jim told me that he was particularly encouraged by the Judge’s comments during the last hearing in August and that we are finally going to get a ruling on the fundamental merits of our major claims about the wrongdoings of the Gang of Six.
As you can see, the expected ramifications of this upcoming trial will be significant – well beyond the impact on me personally.
Stay Tuned
Stay tuned – and if you are one bedroom owner, I recommend you get in line with attorney Jim MacDonald as quickly as possible with your own claim – because there is going to be a “run on the bank!”
This picture was taken on October 17, 2012 playground at Deer Ridge Mountain Resort.
Very fortunately there were no small children playing at the playground.
We had been walking the nature trail and came upon this unexpected surprise. As you can tell from the photograph that was taken from about 50 feet away, this mother bear, with claws extended, was ready to charge us if we do not back away quickly.
The concerning parts of this encounter were the actions of the tourists who were staying at Deer Ridge. They were stalking the bear with their cameras while completely oblivious to the dangers of this wild animal which was trying to protect the three baby cubs behind her.
Whether at Deer Ridge or in the Great Smoky Mountain National Park, the bear population are not made up of cuddly creatures.
Beware the bears and give them both distance and respect!
Deer Ridge: Inappropriate Demand Letter From HOA Is Grossly Inaccurate Below is my response to a demand letter I received last week from the GGRC bookkeeper, Pam Papworth, at Deer Ridge Mountain Resort. My response provides a good overview of some of the most salient facts and issues involved in the litigation between myself and the GGRC [...]
Mountain Morning Coffee – Timelapse Video – Great Smoky Mountains – Gatlinburg, Tennessee Best enjoyed in 1080p hi def…and full screen! Shot this six minute video from my balcony yesterday while enjoying a coffee break overlooking the fall foliage of the Great Smoky Mountains National Park. The mountain in view is Greenbrier Mountain which is totally in [...]
Deer Ridge Mountain Resort: Seven Years Down, Seven Years To Go? I offer apologies for the slow updates recently. Several new clients and the publication of my latest book last week have absorbed most of my time for the past couple of months. There are several issues that I will combine in this one posting to bring [...]
Deer Ridge Reviews – Deer Ridge Mountain Resort – Gatlinburg, Tennessee Deer Ridge in Gatlinburg, Tennessee has been receiving a LOT of very negative reviews from disgruntled guests and tourists. Trip Advisor, Expedia, Orbitz, Travelocity and many other travel related sites contains some very negative reviews and complaints about Deer Ridge Mountain Resort. Our goal with this [...]
Joe Thomas Butchers Deer Ridge Trees For Benefit Of Non Deer Ridge Mountain Resort Owner With the help of three other owners, we were able to investigate who it is that is benefiting from Joe Thomas butchering our trees. If you watch the following video you will see that Joe Thomas cut himself a deal by [...]
New YouTube Video: Your $22,000 Holiday Decor Budget At Work At Deer Ridge Mountain Resort – Gatlinburg Want to see what your $22,000 for Holiday Decor bought you for your investment at Deer Ridge Mountain Resort? The following video was taken ONE WEEK after the decorations were first put up. This is another great example of how [...]
If You Are In RML, Your Deer Ridge Condo Can Be Used Free By Joe Thomas If you are signed up with RML: Do you realize that Joe Thomas can use your Deer Ridge unit as much as he wants – without paying you a dime? Do you realize that Joe Thomas and other employees of RML, and [...]
Check out our FOUR new videos on our YouTube Channel for Deer Ridge Owners:
To see the above video bigger, click BIG!
Update: Just added FOUR new videos for a total of 24 videos so far! Check them out!
Deer Ridge Owners Webcam
Check out our new Deer Ridge Owners webcam for the current view from our balcony!
Just click the photo for the most recent update. Updated every 5 minutes.
Top 10 Cam Award!
Our new Cobbly Nob TN site was just chosen as an Earthcam Top 10 Webcam!
All of this in just our first two weeks of operation - and before we install our new wide angle, high definition lens! Stay tuned for even better images!
EarthCam, Inc. is the global leader in providing webcam content, technology and services and ranks among the top 1% of all websites. EarthCam.com is the world’s favorite webcam network and the EarthCam Network cameras have been seen on top news shows, including CNN’s Headline News.
Best Sellers – Hiking
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New YouTube Channel For Deer Ridge Owners!
Check out ALL of our videos on our new YouTube Channel for Deer Ridge Owners:
We already have videos that will walk you around the whole property and give you reviews from past guests and tourists. Find out what they REALLY have to say about Deer Ridge!
We are adding even more videos in the next few weeks - so check out our Deer Ridge Owners Channel often!
Update: Just added FOUR new videos for a total of 24 videos so far! Check them out!
Owner Files $3 Million Lawsuit Against HOA, General Manager And Board Members
A homeowner in Gatlinburg, Tennessee has filed a $3 Million Lawsuit against his HOA, General Manager And All Individual Board Members at Deer Ridge Mountain Resort.
In response to their meritless, retaliatory $1 Million defamation lawsuit against me, I have now filed a $3 Million lawsuit against Deer Ridge Mountain Resort, AKA Gatlinburg Golf and Racquet Club HOA and Joe Thomas, Luther Parker, Larry Ohm, Margie Duncan, David Barone and Tom Reise, all as individuals.
If you believe in free speech as much as we do, we need your help - no matter where in America you may live.
The Deer Ridge HOA board and individual board members have filed a $1 Million Lawsuit against me in their ongoing attempts to stop this blog and have its contents removed. Click Press Release for details.
This power clique wants to continue to block free speech on this property and to keep their illegitimate secrets hidden from other owners.
They are willing to spend tens of thousands of dollars of other owners' money on legal fees to keep themselves in power while they continue to break both Tennessee state law and Deer Ridge property law.
We need your help with the legal fees that will be required to force them to abide by the law - and insure that Deer Ridge Mountain Resort is entitled to free speech like the rest of America.
If you would like to join with others who believe in free speech and believe that all of the 305,000 Home Owner Associations across the nation should be protected from tyrannical boards that ignore the laws, please click the
Donate Button below.
Even a donation of just a few dollars would be very greatly appreciated as a way of showing that we have financial support from thousands of Americans for these important issues!
Thanks so much to all of those of you who have already contributed!
Please help us broadcast this Press Release to others you know who can spread the word. You are welcome to link to this site from Twitter, Facebook or other sites.
With your help we can fight and win this $1 Million lawsuit - and keep this blog active - and an inspiration and model for other HOA Abuse Blogs across the nation.
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