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.
This second lawsuit will be based on the judge’s expected ruling that the “Board” could only charge in accordance with the Master Deed Percentages.
With that ruling in hand, this second suit will be for forcing the individual board members to pay us back all the aggregate overcharges each of us has suffered as a result of the gross negligence and abuse of power by Joe Thomas and the Board. If each of your losses is about the same as my $10,000 in overcharges, it REALLY makes sense for you to participate in the Deer Ridge Litigation Fund. Not only will you probably save $2,400 a year, but you could see a $10,000 plus payday. Note though, this current account is strictly for the injunction and the first suit – and any unused funds will be returned pro rata to those participating.
The funds for this second lawsuit will be raised separately. And, do your own arithmetic – since your numbers for everything may be better or worse than my own projections.
The Third Lawsuit – A Derivative Lawsuit Against Joe Thomas And The “Board”
The third lawsuit will probably be us suing Joe Thomas and the “Board” with GGRC as the plaintiff and each of them being named, individually, as the defendants for our HOA to reclaim from these individuals all the lost money that has been squandered by them exceeding their scope of authority. Again, ultra vires to our rescue – and to make all of them responsible and accountable, personally, for their actions and inactions.
But more about THAT suit later – along with any and all other suits we may bring for any malfeasance we find once the court gives us the power to finally have copies of all the books and records for our own home owner’s association!
Note: I am not an attorney, nor do I play one on TV – the above comments are my personal opinions and my interpretations of the legal opinion recently provided by independent attorneys reviewing out Master Deed and Bylaws. Powered wig off
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 finacial 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
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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.
* Shuffleboard is a big draw to our northern friends, they have leagues at the six Damon courts.
o Monday Shuffle League
o Tuesday Shuffle League
o Wednesday Shuffle League
o Thursday Shuffle League
o Friday Shuffle League
o Saturday Shuffle League
o Sunday Shuffle League
We are sorry that we don’t have more practice courts around the resort but maybe in the future.
* The exercise room is available 8-11 all week with a $10 deposit for a key
* Putt putt is available everyday but on Tuesday they have a miniature golf tournament at 1 pm
* They have social Tennis at all tennis courts, they meet regularly but I didn’t catch the times and dates
* Darts are on Tues and Thurs evenings
* Aerobics is every morning Mon – Fri
* Line dancing late morning on Weds & Fri
* Wood Carving on Thurs noon
* Crafts on Thursdays late morning
* Bridge on Wed & Fri
* Cribbage on Mondays
* Dance night every Tues evening
* Tai Chi on Tues
* Bid Euchre on Thurs & Sun
That is a good portion of their activities, we used to have water aerobics in the past so their is room for more activities. I believe it isn’t posted but their is Dominoes on Fridays. Bottom line is there is a lot to do here and the happy hours parties are all over the place.
Now for some assoc notes.
* There is a property Committee meeting March 15th at 1 pm at Grand Island Club House. I didn’t join this year so I may have to drop in as a guest, join me and lets see what is up.
* BOD meetings this year will be on April 17th, June 5th, August 21st, Oct 8th. Annual meeting is Oct 9th this year. Don’t forget to put your name in to run to replace me on the board. We will be holding a special phone conference meeting in mid March to discuss and make funds available from reserves for these items if approved. I’ll let you know when it has been posted. Leonard
* Porcelain tile in conference center
* Resurface parking lot at new office building and new parking areas
* Two new golf carts for maintenance
* Two new heating and cooling systems for new building. The one large one that used to take care of our new office and Emerald Coast has bite the dust. Each section will receive a new unit instead of sharing.
O.K. I really Apologize for Hogging the Blog Here….
But I think it’s worth sharing: I asked Luther, Joe, Larry for a Number, or a Percentage, of Owners that Had Not Yet Sent in the monies for the 2010 portion of the Assessment.
Mind you I didn’t ask, WHO, or How Many Dollars, or anything of a personal, or detailed nature, JUST a Number…
Asked this of all of them once, Then again to Joe,
And my reply, Both Times Today was “IT IS CONFIDENTIAL”
If just this request is CONFIDENTIAL, then what about when all the Dollars, are collected, –WHO– decides if it is Confidential on the question of exactly how the Dollars were spent…
Oops..The money is not scheduled “At This Time” to be spent on Sturdy, Strong & Stable Railing Removal and Replacement, So if no money is yet scheduled to be spent…
Who and where exactly is the money, I ask you. If you were to call or e-mail the manager, the board, to see –IF– the money is Really in an escrow account, and How much is there ?
Where are the $2,000.00 or So Dollars that YOU Sent in, Is that also CONFIDENTIAL?
I am convinced… We –DO– have the right to know Exactly how much is there, where it is, how much if any interest is accruing, who has access to it, This is Ridiculous….
O.K. I’m Dunnn,
Hog of the Blog, Neil C-208
I am not submitting any money toward the 2010 assessment until I am satisfied it will be used correctly.
I have made 3 Medium sized donations to the legal fund on this site, I have every confidence that the monies will be used to LEGALLY CLARIFY what is going on here at Deer Ridge.
I have no Personal Ax to Grind, HOWEVER I do have serious Questions as to why the board and management are so STRONGLY determined to keep legitimate questions unanswered, “Hidden” if you will…
IF anyone has just a small amount to contribute to this Deer Ridge Litigation Fund, PLEASE DO SO NOW…It is worth it just to finally clear the air.
Any donation is helpful, but it is needed now. So go ahead CLICK THE DONATE button on the right column, or Send the Check to Robert.
Robert is a Very Honest Man, a very Generous Man. He has donated money and Valuable TIME to this effort for all of our benefit.
Now, Robert has rubbed some people the wrong way….. Especially the Unified Board, Management. Ask yourself –Why–??? Why are they so upset at some of us wanting the promised Transparency, the Accountability that should not have to be legally obtained?
You and I deserve CLARITY on matters involving a $353,500.00 assessment, on just exactly how ALL our money is spent. But try asking for it!
You will get NO real clear cut detailed answers from Joe or ANYONE on the board. At least I haven’t.
The board has no reason to reveal to you anything they don’t want you to know, do they…as long as they continue to have NO Accountability.
Do they have any reason to make sure things are being run correctly?
Even our regular monthly fees are not detailed line by line, Dollar for Dollar. IT IS OUR MONEY, let’s see –IF– any board member is getting Mileage Money, or anything else not allowed in the GGRC Master Deed and By-Laws.
All the monies contributed to the Deer Ridge Litigation Fund are held in an escrow acct. to only be used for the legal efforts that Joe and the board are requiring us to use – just to see Clearly and in Detail where our own money goes on this property.
To anyone interested..
An E-mail sent to Luther, Larry, Joe
Just an FYI….
I have made arrangements “A Solid Written Confirmation” with my Mortgage company, Any lien obtained ??? Will NOT Trigger a call on our mortgage loan….
Please understand this is in response to the Non-Transparency and Questionable use of GGRC monies in the past, possible pending litigation, possible investigation by governmental controlling authorities.
A question I have is:
Has any board member or management used the services of GGRC counsel to answer or give advice to any board member or management personally?
If so…
Thanks, Neil Blair C-208
Best regards,