The Latest Defamation By The Deer Ridge Board

Once again, Joe Thomas and the “board” have used GGRC monies and an immense amount of time at last month’s “Annual Meeting” for their continued defamation and vilification of me in my home community of Deer Ridge.

These inappropriate actions, along with the content of past mailings to all owners, will most probably be used as evidence against them in the counter suit that will be required by their $1 million lawsuit filed against me using GGRC money.  Also, apparently based on several comments we’ve heard from those who attended the “Annual Meeting,” Joe Thomas and “board” members made numerous, slanderous comments against me and my wife.  Depositions, subpoenas and court testimony will clearly identify all of those who committed this slander and defamation.

It also seems that some believe that there were intentional misrepresentations by Luther Parker – that they, the “board”, were being forced to file suit against me because I had already filed suit against them and GGRC.  This was not true.  At the time of the meeting, I had not even hired an attorney.  As a result of the “board’s” actions, I have now hired an attorney and we are preparing multiple counter claims against GGRC and each “board” member and Joe Thomas, individually.  Stay tuned for fast changing events.  But know that irrespective of Luther’s comments and implications, they are the ones that made the first litigation filing – using GGRC money.

The following are some responses to some of the more egregious comments that were made a part of the public and permanent record of GGRC’s version of the “board” meeting and the “annual” meeting.  Note that these comments are pretty much just taken in the order they occurred in their documents – and not with any other prioritization.  These are all screen grabs of the actual documents that were mailed to all owners.

Point 1:

Now, exactly how has GGRC, itself, been defamed?  How is Deer Ridge’s “preservation” as an 84 unit residential property in jeopardy?

Or, as one owner who is an attorney put it,

Mr. Parker:

Are you kidding me? Is this true? Home owners had to pay over $2,000.00 because there was not enough money in surplus to make certain repairs and you are spending our money on lawyers to sue Mr. Goodman.

This is a nightmare.

I am a lawyer who has been practicing for many years. I understand how this works: at the end of the day you will not silence Mr. Goodman and even if you get a monetary judgment against him you will not collect, but we will be out tens of thousands of dollars. The board is in the business of managing Dee Ridge, not suing its homeowners for defamation, etc.

How much was the retainer to sue Mr. Goodman, we are entitled to that information?

These actions are just going to support Mr. Goodman point. If he is complaining about waste, why would you do this?

This is our hard earned money you are paying lawyers with. I am very disappointed with this. If you feel personally insulted or disrespected by Mr. Goodman’s actions, then you sue him with your money not ours. I would like an opportunity to discuss this matter with you, please let me know when I can discuss this with you.

Ray Garcia, Esq.
LAW OFFICE OF RAY GARCIA, P.A.

Well said, Ray! Although last I heard from Ray, Luther Parker had never even extended the courtesy of responding to him – let alone speaking with him on the phone about this fiasco.  This is just an other example of how Luther and the “board” are unwilling to be confronted by owners over their mismanagement and arbitrary and capricious decisions affecting the operation of OUR property.

This $1 million lawsuit brought by the Gang of Six is clearly a personal vendetta and will not benefit GGRC whatsoever – in spite of Joey and the “board” using all of OUR money for their own personal reasons.

And, who do you think would get all the money, IF their was any payments at all?  You REALLY think these guys will pay all the money back to GGRC even though GGRC is paying all the legal fees, no matter how many tens of thousands of dollars they waste?  What about any “profit?”  Or, is this a case where GGRC takes all the risk with zero upside potential?  (Of course, we fully expect GGRC and The Gang of Six to lose on every point – and have to pay ME for my court costs, legal fees, etc.)

One of our first court filings will probably be to try and force this Gang of Six to use their own money to sue me – instead of inappropriately using GGRC’s money.

Point 2

Good question, Aldaberto.  In spite of what Luther Parker said, the Master Deed is crystal clear on exactly the percentage allocation that are required to be applied to the four types of condos at Deer Ridge.  That’s why all 30 1-1 owners, 36% of all owners at Deer Ridge, are being overcharged on EVERYTHING – including 82% overcharged every month on the HOA fees.  This will be part of our counter suit – to finally force these guys to abide by the Deer Ridge Documents that they so often ignore.

Point 3

Well, Luther, if you are undergoing a graduate course on the Master Deed and Bylaws, why not listen to someone who has already graduated:  Attorney Lewis Howard in his opinion letter about the dozen major and fundamental violations that still continue at Deer Ridge while the Gang of Six goes to school.

You can read the legal opinion yourself by clicking Legal Opinion and judge for yourself.  There you will also see that Howard’s letter makes it crystal clear that the board does NOT have the “authority” to interpret things the way they want to!

Point 4

This is, in my opinion, a guilty plea by Joe Thomas and the Board that for TWENTY TWO YEARS there has not been a valid Annual Meeting.

If there has not been a valid Annual Meeting, then there has not been a valid Board for 22 years since the Board can ONLY be elected at a valid Annual Meeting.

Which means that the Gang of Six had no power to use GGRC money to bring suit against me or make GGRC a party to the lawsuit.

Which means that the Gang of Six had no power to set monthly HOA fees or to attempt to force the $353,500 special assessment on all owners.

If my points on this are not valid, then why are they trying to file a very suspect 22 year old vote to solve the problem???

Even though we intend to also invalidate this 22 years old vote as being way beyond any logical expiration date, filing this in February 2010 would, at best, only make it valid AFTER that date since our Bylaws are explicit:  No amendment is valid until AFTER the recording on the Deed Records – and that just happened February 6, 2010.

Even if the 22 year old vote is held to be valid (which I personally doubt), this opens up a whole host of issues even now – after the filing since two of the “board” members were not elected SINCE the filing.  Etc…Etc…Etc.  Click No Such Amendment May Be Operative Until It Is Embodied In A Recorded Instrument… to see the exact wording from our Master Deed and Bylaws.

Hence, the “board” has no more authority at Deer Ridge than I do – or any other owner does.

Point 5

They don’t want to shut down my blog?  Oh, that’s right. It is OK for me to talk about anything unimportant or non-controversial.  (See their examples below.) 

“If liberty means anything at all, it means the right to tell people what they do not want to hear.” -George Orwell

We have serious issues at Deer Ridge – and no matter how much The Gang of Six does not want to hear what I have to say to all owners, the liberty of this country gives me the right to express my ideas and thoughts.

They claim I have cost GGRC $12,000 in legal fees, presuming the inclusion of the $5,000 they forced GGRC to just have paid for the retainer for the lawsuit against me.

So, they sue me for $1 million in the hopes of regaining $12,000 – $5,000 of which was spent on the suit, so far.

Does that sound logical to you?  Does that sound like prudent business judgment to you?

What is GGRC’s downside if the Gang loses the case and has to pay me damages and all of MY court costs and legal fees for ZERO gain after paying all the legal fees on their side?   In my personal opinion, that DOES sound like gross negligence AND gross incompetence to me.  What do YOU think?  Maybe you should let the Gang know how you feel.

Please add your comments at the end of this posting.

Point 6

Hey guys, you all missed your budget number by almost $100,000!   In my opinion, that is lousy budgeting – and lousy management.

These numbers are a joke, in my opinion.  Stay tuned for a new post here on the blog in the next few days about the reality of these numbers – so you will know what RML is REALLY costing every owner.

Point 7

So, Joe Thomas’ wife works for a competitor when she has insider information about Deer Ridge?  Interesting.

This comment from the “annual meeting” is, again, another example of misrepresentation by Joe Thomas and the rest of the gang, in my opinion.

Firstly, “Deer Ridge” can’t be for sale unless all 80 owners wanted to simultaneously sell.  My guess is that anyone with even a modicum of sense and a high school education would know that – especially if they were in real estate.

What was for sale at one time was RML.  Click Selling RML for a little history of what was happening at the end of 2006 – 3.5 short years ago.

Joey tried to buy RML from GGRC for $100,000 with 90% financed by the owners with no loan liability by Joe Thomas – and he would have inherited the RML bank accounts with more than $10,000 in them – making his offer to all the owners at Deer Ridge ZERO cost to him out of his pocket.

He would have bought an asset that was worth many hundreds of thousands of dollars for zero Joe Thomas dollars, zero risk since he could have walked away from the loan at any time – or he could have immediately turned around and sold the company for a huge profit.  All the details of this purchase attempt by Joe Thomas, and a copy of his actual offer, can be found by clicking Joe’s Gippity Do Dah Song to Deer Ridge Owners.

When I strongly objected to this insider, sweetheart deal – then GGRC president Vic Ulman ineffectively contacted several management companies soliciting their purchase of RML.   So, RML has been for sale by someone who was supposed to be a board member (of course, we haven’t had a valid board for 22 years, but I digress.)  As far as I know, RML was never taken “off the market.”

By the way, when Joe Thomas’ offer saw the light of day – and so many owners objected to the “deal” he was getting, Joe withdrew his offer to buy RML.

Ever since then, it is my personal opinion, that Joe Thomas has been on a personal vendetta to slander me and interfere with my “quite enjoyment” of our home at Deer Ridge Mountain Resort.  I believe that his retaliation and vindictiveness has been evidenced in his actions and words – and we expect to make this part of our counter suit.

The other VERY interesting point that has NEVER been answered:  If it was such a good idea to sell RML to Joe Thomas – then WHY isn’t it a good idea to sell to someone else who would be willing to pay more, pay all cash and not require GGRC to take any risk whatsoever?

The “board” at the time was all willing to railroad through the approval for Joe Thomas to buy RML.  But they seemed to me to be completely unwilling to sell to anyone else.

Why is that, Joe?  If you thought it was a good idea to sell then, why isn’t it a good idea now – other than putting you out of a comfy job?

Back to the current mailing to owners, I don’t believe I know who Mike Raymond is. But I do know what the word “conspire” means.

con·spire (kn-spr) v. con·spired, con·spir·ing, con·spires  v.intr.

1. To plan together secretly to commit an illegal or wrongful act or accomplish a legal purpose through illegal action.

So, Joe Thomas and the “board” are accusing me and others of “conspiring.”  Seems like that might be deemed to be defamation of ME by the Gang.  What do you think?

What RIGHT do I have to “interfere” by protecting my investment at Deer Ridge?  What right do THEY have to interfere with my rights as an owner to ensure that these people are properly elected and abide by both Tennessee state law and Deer Ridge Regime law.  It is my personal opinion that they are violating both – and I have a RIGHT to do all I can to FORCE them to abide by the law!

Note the ever constant vilification and defamation of me with the Gang’s loaded words of “conspiring” and “interference?”

I guess the Gang wants all non-gang members to be quite – and not have opinions nor for them to explore other options that might, just maybe, be for the good of Deer Ridge.  Just my opinion, of course.

Point 8

It is my personal opinion that Joe Thomas is a liar.

We will see what the testimony shows in court as to exactly what happened.  You just never know who might be in ear shot of a conversation – especially when a man is yelling and screaming threats at a defenseless lone female who has been backed into a corner and not allowed to leave.  You just never know who might walk in behind a man who is in such an irrational rage that he doesn’t notice who might be watching and witnessing such an assault.

Secondly, it is my personal opinion that Joe Thomas has been paranoid since we bought here that I wanted to take over his job.  He has known from Day 1 that I have significantly more real estate and property management experience than he does.  As stated multiple times on this blog, I have less than zero interest in any job that relates to running and managing this property.   We  have never claimed we “would be taking over.”

I think Joe Thomas should be fired for a variety of reasons – but not because I want his job.

Point 9

We will check with Susan Taylor to see if this is an accurate account of her memory of Janet helping them move their stuff from their car down the steps since her husband, Bob, was feeling so poorly that day.

We will also check to see if Bob and Susan remember the conversations about the risks of buying a lower level condo that might be a major health issue if Bob couldn’t climb the steps for medical help – especially with the closest hospital to Deer Ridge being a 45 minute drive (with zero traffic.)

Janet has a long history of nursing experience and mentioned that these had been our same concerns about buying at Deer Ridge with my health – and one of the major reasons we had bought a straight walk in unit – so she would never be faced with trying to haul me up a flight of winding stairs to get me in the car for medical treatment.

So, these were the concerns that were discussed about them purchasing a lower level unit.

Also, we will check to see if she remembers both her and her husband mentioning that Joe Thomas had NOT told them ANYTHING about the second installment of the “special assessment” – and that they were having immense difficulties getting Joe Thomas to actually give them a copy of the Master Deed and Bylaws.

Bob and Susan, does any of that sound familiar?

Point 10

Speaking of the “majority” – we have at least three kinds of “majority” at Deer Ridge according to the Master Deed and Bylaws: A simple majority, a 67% majority (which is required for any amendment to the Bylaws) and a 75% majority (which is required for ANY improvement to Deer Ridge.)   We also have many parts of the Master Deed that cannot be changed whatsoever – irrespective of any kind of majority vote.  This is one way the rights of ALL owners are protected.  One of these is that the percentage ownership and the allocation of costs cannot be changed – no matter what the Gang of Six wants to believe when they overcharge all 30 1-1 owners by 82%.

And, I don’t have to represent you Henry.  All I have to do is represent myself – and any other owner who believes that  GGRC should abide by both Tennessee and Deer Ridge law.  Right now, in my opinion, GGRC is doing neither.

The key is that minority owners have an equal right to protection under the regime documents that were an integral and pivotal part of my decision to invest in Deer Ridge.  Just because a majority may want something different does not mean that the minority loses the rights to which it is entitled by our Master Deed, our Bylaws and by Tennessee state law.

Point 11Gee, really guys?  We are in the Great Recession – the worst real estate market in the last 60 years – and you all unequivocally, and with “certainty”, blame me and my wife for the unsold units.  Sounds to me like defamation and unsubstantiated and unqualified statement of fact by Joe Thomas and the “board” to me.

I see nothing in this or so many of the multitude of other allegations by Joe Thomas and the “board” that their statements are “their opinions” like I always state on this website.  Instead, this is yet another clear case of false statements and defamation about me and my wife that are conveyed to the entire ownership under the guise of “official” correspondence representing that their statements are fact.

We will see if the judge agrees.

Point 12

Again, it is strictly my fault that the price of materials went up?

First of all, the “board” is still in violation of the Master Deed and Bylaws because they did NOT get the REQUIRED 90% vote of all mortgage holders as required by our regime documents.  The fact that they have already moved forward with this improvement, illegitimately spending OUR money, means that the “board” will, hopefully, be individually responsible for all the costs of acting beyond the scope of any perceived power they think they may have.

Point 13I am happy to report that we were able to return the defective / improperly installed water heater to RML for a complete refund and have a competent plumber install another one of equal size.  Not only do we now have all the hot water we need – it cost less AND we were able to take the receipt for the new hot water heater to the Sevier County Electric Company and get a $100 cash rebate for our electric bill!

It seems that if Joe Thomas was doing his job right – and really cared about the owners at Deer Ridge – he would have given all 80 owners proper receipts for their hot water heater – and letting all owners know about this $100 rebate.  This “oversight” cost Deer Ridge owners an aggregate $8,000 right out of their pockets!

If you are having problems with your hot water heater, maybe you can get the same deal as we did.  We will be glad to give you our plumber’s name and number.  Also, if I were an owner who has a hot water heater installed by RML, I would demand that you get an actual receipt for your hot water heater showing the brand and model number and what you paid for it – and contact the electric company to see if you might still be able to get your own $100 rebate credit.

Point 14

See prior comments here on this posting.

The “board” is spending $5,000 of OUR money to ostensibly get back $7,000 with the risk that they will have to pay $20,000 to $40,000 of OUR money to get it – and an even bigger risk that they will have to use OUR money to pay ME my legal fees when they lose.

As far as “false accusations”:   They have already had to acknowledge that I was right about the Annual Meeting date and all board elections have been in ERROR for 22 years!  They have already had to acknowledge that I was right that all owners have a right to the mailing list of all owners.  They have already had to acknowledge that I was right that they MUST get a 75% vote for any improvements – even though I have already caught them violating this by them spending more than $120,000 of OUR money on unapproved capital expenditures.

Guess THOSE weren’t “false allegations”, huh?

The reason that GGRC has been faced with legal fees is that the Gang of Six has tried everything they can to block the above – and more – wanting desperately to hold on to their power base and still deny owners a right to access the kind of books and records that all owners are entitled to see.  One of the first things we will do with our multiple counter claims is have the court demand we get a complete copy of the real books and records we are entitled to see.

And, when they state I crossed a line when I told owners not to pay “a valid associated assessment”…..well, we have a Legal Opinion from a very prominent real estate attorney flatly stating that the association assessment is NOT valid for at least FOUR reasons.

So how does THAT cross a line, guys?

The line that got crossed is that The Gang of Six sees their fiefdom crumbling and that the day is quickly coming where Deer Ridge will be required to abide by both Tennessee and Deer Ridge law.  That is why they are suing me – they know they don’t have  a case.  They only want to try to intimidate any owner who wants things done according to the law here. In MY opinion.

Note that even their above definition of free speech only allows owners to “blog away in regards to gnat traps, medieval fantasy (dragon slaying, giraffe…”

Somehow, I don’t think this is a limitation that Thomas Jefferson and our founding fathers had in mind when they insisted on the Bill of Rights.

In My Opinion

All of the above reflects my personal opinion on all the topics covered.

Now that you know this side of the story, maybe you will be able to be better judge the “official” correspondence and diatribe that flows from the office at Deer Ridge Mountain Resort using “official” GGRC letterhead.

Now, I hope you see that the real guilty parties when it comes to defamation are the ones lists as plaintiffs on the $1 million lawsuit against me.

We will let the courts determine which side is really guilty.