Joey and the “board” are running scared – scared that the owners will all find out just how few of them are paying their illegitimate Asinine Assessment.
Joey and the “board”are trying all they can to block both Neil and I from having access to the GGRC books and records that the laws of the State of Tennessee guarantee us that we can see. They know that once we see the books and know how few have paid the assessment and we report that information here on the blog, they will have a major problem trying to force other owners to pay.
The usual abuse of power by the “board” typically has to do with multiple, major violations of Deer Ridge Law – those contained in our controlling documents – The Master Deed and The Bylaws.
This Time Joe Thomas and Luther Parker Are Breaking The Law – Tennessee State Law – By Blocking Owner Access To Deer Ridge Records
This time they are directly breaking Tennessee state law by blocking our access to these records. I just emailed Joey, Luther Parker, Charles Sexton (attorney for GGRC and who knows who else involved with Deer Ridge? – but that is a different potential conflict of interest that we will get to soon.)
What I emailed them, and other interested owners, was a SECOND NOTICE. See below.
Ignore The Notices And Threats of Late Fees From Joe Thomas?
It is up to you – but I advise you to do what I am doing – to ignore the late letters, threats of late fees, etc. regarding your non-payment of the Asinine Assessment.
As describe before, the recent independent legal opinion we just obtained indicates that this “Special Assessment” is completely illegitimate on at least FOUR major points.
Note that, in spite of multiple requests, Joey and the “board” have not been able to produce ANY independent legal opinion as a counterpoint to the one we have obtained. We believe this is HIGHLY indicative that Joey and the “board” have NO authority for either the “special assessment” or for their blustering demands for payment.
Don’t give in to their illegitimate bullying about an illegitimate assessment.
Instead, use some of that money to help pay the necessary legal fees to block the assessment and force Joe Thomas and the “board” to stop breaking both Tennessee State Law AND Deer Ridge Law. Once we get a court to issue a permanent injunction, you won’t have to pay the assessments, any interest, etc. on this illegitimate special assessment.
But we need your help.
Helping us pay for this litigation is a LOT less expensive than paying for $50,000 for “nuts and bolts” and a LOT less than paying your two year total assessed amount.
If we can get $500 or a $1,000 from more Deer Ridge owners, we can immediately stop their demands and harassment.
Please mail your check to me at A-202, 3710 Weber Rd., Gatlinburg, TN 37738 – please make the check payable to the “Deer Ridge Litigation Fund” OR click the link below to pay via credit card or echeck.
We Just Need $5,000 More To Stop The Assessment
We just need $5,000 more from other owners to add to what we have already collected from participating owners.
Once we received this additional $5,000, we intend to IMMEDIATELY file the lawsuit with ALL of our claims in this one lawsuit. Part of this lawsuit will immediately seek a temporary injunction stopping the Asinine Assessment and all threats from Joey and the “board.” The same lawsuit will also quickly pursue a summary judgment on at least 10 of the major points in the independent attorney’s letter – including making the injunction against the Asinine Assessment permanent!
Once this is out of the way, we will pursue the other part of this lawsuit – including our claims against Joe Thomas and this abusive and illegitimate “board” – making them individually responsible for their gross negligence and abusive, arbitrary and capricious decisions that were outside the scope of their authority.
The sooner we get your donations to the “Deer Ridge Litigation Fund” – the sooner we can cut off the harassment from Joey and the “board” over non-payment of the Asinine Assessment.
Donate Now
*** SECOND NOTICE ***
I have not received a response to the below email….this is your second notice.
Failure to provide this information to ANY owner in a timely manner is a violation of Tennessee State Law.
I demand to have access to ALL of the requested information during the week of March 15, 2010.
Robert Goodman
A-202At 10:40 AM 3/11/2010, Robert wrote:
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.
I got my “Suspension” letter today.
Minor blow, I’ve only used the golf course once which makes my golf playing once in the last twenty years.
All we need is a couple of thousand dollars more to move this into the courts.
Let’s bring this to a speedy and just resolution. Getting it on the docket before the April meeting is a great goal.
Those who haven’t contributed yet, I say: getting involved in a law suit is a messy thing but is sometimes necessary. It may be that some of us are Christians and have no desire to get involved. I understand that – being a Christian myself.
However, two things: I want to be a steward of the money I have, and I don’t think it’s a good idea to allow people to just waste our money. Secondly, Jesus said, “Be wise as serpents and harmless as doves.”
I hope and pray my heart is dove like, and my serpentine wisdom tells me to hold those in power accountable.
Therefore, I think my assessment money is best used in resolving this matter in court ASAP.
Pastor James Goebel
How many received the stupid David Barone letter?
Once again, this is more evidence of abuse of power as the board has zero rights to terminate anyone’s common element privileges. These are owner privileges which cannot be taken away until the person is no longer AN OWNER. Folks read the MASTER DEED!
Once again, the board used my money and your money producing this stupid Barone letter: paper cost, mailing cost, letter stuffing cost – to try and intimidate you with threats of actions that are not legal.
Deer Ridge Owners: Let’s take control back on our property! Don’t let these jerks intimidate you. Now is the time to make a stand and change things once and for all.
Anyone who believes that “Joe has the property’s best interest at heart” has obviously bought into the BS that Joe has been selling for years on this property. Joe’s only interest is Joe’s multiple Deer Ridge paychecks!
Which by the way folks, we pay this NON PRODUCING GENERAL MANAGER WAY MORE THAN OTHER COMPLEXES IN THE AREA PAY. And those are usually much bigger complexes usually getting much better results.
What else is Joe Thomas trying to hide from the Owners who employ him?