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.
Deer Ridge Litigation Fund
Do you, as an owner at Deer Ridge Mountain Resort, believe we are ALL entitled to have access and be able to copy the books and records of our Homeowner's Association?
So, do I.
But, apparently, Employee Joe Thomas and President Luther Parker and the Board disagree - and are doing all they can to block access, publication and candid discussion of the Asinine Assessment, special deals and favored treatment - at the expense of all Owners.
What ARE they so afraid of us finding out?
Maybe it has to do with the HUGE $10,000 overcharge for my HOA Fees, special assessments, water and cable TV bill - which, in my personal opinion, is due to fraudulent intent or at least gross negligence by the Deer Ridge Board of Directors and / or General Manager Joe Thomas. Please see the posts for details.
We have no choice but to file a lawsuit against GGRC and RML in order to finally, once and for all, make it clear that OWNERS do have a right to all the information about our property and our investment at Deer Ridge.
If you have thoughts and ideas and suggestions, please post them here on this blog.
If you have any clout with the Board, convince them to stop the charade - and let the owners have the information that all owners own!
If you want to help cover the legal costs to get us the right to see the bids for $50,000 for nuts and bolts - and the other background documents for the $353,500 Asinine Assessment, please click on the Donate Button below.
With enough in donations, we can hire BOTH an attorney AND a forensic accountant for the whole process through the Court in Sevier County to make absolutely certain we win EVERY point - and never have to fight Employee Joe and the Board on this stuff again.
Even a $100 contribution will help show that you are in favor of an open and FULLY transparent homeowners' association at Deer Ridge Mountain Resort!
Thanks so much to those of you who have already contributed!
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.
Legalese - And Powered Wig - Off
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Welcome to All Deer Ridge Owners
Welcome to all owners of Deer Ridge Mountain Resort condos in Gatlinburg, Tennessee.
My goal is to help all Deer Ridge owners to have a voice in the management and operation of your property.
Click on the TITLES of any of the following subjects to read the whole posting - and see the comments made by your co-owners. You can also type any term into the below search box, or any word or term in the search cloud.
Click the big image at the top of the page to return to the front page at any time.
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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.
We are filing an official complaint with the Tennessee Consumer Affairs Division against Joe Thomas, principal broker of Ridge Resort Realty and general manager of both Ridge Management Ltd., Inc. and Gatlinburg Golf and Racquet Club aka Deer Ridge Mountain Resort in Gatlinburg, Tennessee. This complaint is primarily focused on what we believe are deceptive trade practices by Joe Thomas.
All the paperwork, including the sworn affidavit and official complaint are done, the CD-ROM with 300 pages of supporting documents and evidence has been burned and the envelope for mailing is complete.
This Consumer Affairs complaint is in addition to the just completed complaint package that is being sent to the Tennessee Real Estate Commission requesting them to take disciplinary action against Joe Thomas for multiple violations of the Tennessee Real Estate Broker Act.
These alleged violations include deceptive trade practices, conduct that constitutes improper, fraudulent and dishonest dealings, willful misrepresentations, wrongly acting for more than one party in Deer Ridge transactions without the knowledge and consent in writing of all parties, etc. . We are specifically requesting that their disciplinary actions include fines and permanent revocation of Joe Thomas’ Tennessee real estate license.
The attachment to the Consumer Affairs complaint form is essentially the same as the one that was used for our formal complaint filed with TREC – with the exception of a couple of paragraphs of additional information that we choose to keep confidential at this time.
The only hold up to sending these two packages is that the TREC form requires notarization. This will be done and the completed packages mailed to both TREC and Consumer Affairs either Tuesday or Wednesday of this week.
Four Separate Actions Against Joe Thomas – So Far
Once these packages are mailed, we will have four separate actions in process against Joe Thomas:
Tennessee Securities Division for securities fraud and other securities law violations, etc. Please click Securities Fraud for details.
Tennessee Real Estate Commission (TREC) for multiple violations of the Tennessee Real Estate Broker Act, etc. Please click TREC for details.
Tennessee Consumer Affairs Division for deceptive trade practices, misrepresentations, etc.
Tennessee Attorney General for investigation and possible prosecution of actions related to the above three areas of focus, etc.
Pay attention, Joe: All of these great folks are from the government – and they are here to help you! Who knows? They might, just maybe, all show up at one time to help you all at once!
With regard to Item 1 above: Our complaint has been received by the Tennessee Securities Division, they have assigned an investigator and I have already spoken with the investigator to give additional information. As a consequence, this ticking time bomb is already getting closer to detonation!
Our hope is that each of these agencies will take appropriate actions to stop the ongoing pattern of deceptive trade practices, misrepresentations, securities fraud and discrimination that we believe are regularly perpetrated by Joe Thomas in his triple roles at Deer Ridge Mountain Resort that result in so much conflict of interest
Our hope is that both TREC and the Consumer Affairs Division will review our complaint and conclude that all of our allegations against Joe Thomas are not only fully accurate but that his past and future actions represent a true threat to the public. As such, we are requesting that he not only be sanctioned and substantially fined for his nefarious activities that have continued for more than a decade – but that his Tennessee real estate broker’s license will be permanently revoked so that he can no longer deceive those buying and selling Deer Ridge condos or other real estate in Tennessee.
File Your Own Consumer Affairs Complaint Against Joe Thomas
As described below, we believe we were intentionally deceived by Joe Thomas when we bought our condo at Deer Ridge. If you believe that Joe Thomas also deceived you when you bought your Deer Ridge condo, you are welcome to use the applicable part of our narrative in your own complaint. Simply take that information and complete your own complaint form against Joe Thomas. The Consumer Affairs complaint process and form are available by clicking “Book Em Danno”.
Note: It costs you nothing to file a complaint against Joe Thomas with Consumer Affairs. The great State of Tennessee will take care of it all for you, start to finish, without you having to spend a penny.
Allegations
Remember, as of now these are just my allegations of real estate and securities wrong doing by Luther Parker, Larry Ohm CPA, Joe Thomas, David Barone, Tom Reise and Margie Duncan. I believe that I am 100% correct on these allegations based on my years of experience in the business. We will have to wait and see if any, or all, of the 19 states and/or the SEC agree with me or if TREC and Consumer Affairs agree with me.
Next Filings
We also hope to have the time this week to file a comprehensive securities fraud complaint with the SEC in Washington, D.C
Other state filings, starting with Florida State Securities Division, will be done over the next one to two weeks.
Stay Tuned!
We live in interesting times. And, hopefully, with the help of the State of Tennessee Securities Division, Tennessee Real Estate Commission, Tennessee Consumer Affairs Division and the Tennessee Attorney General, we will make 2012 VERY interesting for the Gang of Six!
We are filing the following official complaint with the Tennessee Real Estate Commission (TREC) against Joe Thomas, principal broker of Ridge Resort Realty and general manager of both Ridge Management Ltd., Inc. and Gatlinburg Golf and Racquet Club aka Deer Ridge Mountain Resort in Gatlinburg, Tennessee.
All the paperwork, including the sworn affidavit and official complaint are done, the CD-ROM with 300 pages of supporting documents and evidence has been burned and the envelope for mailing is complete. The only hold up is that the TREC form requires notarization. This will be done and the entire package mailed to TREC either Monday or Tuesday of next week.
Securities Fraud Complaint Already Filed With Tennessee Securities Division
The TREC complaint is the next in a series of regulatory filings we intend to make against Joe Thomas and/or the GGRC and RML board for their roles in what we believe are ongoing securities fraud and other securities law violations, including multiple states and federal violations.
You can read all about my complaint filed with the Tennessee Securities Division by clicking Securities Fraud Complaint against President Luther Parker of Memphis, TN, Vice President Thomas Reise of Friendship, WI, Treasurer Larry Ohm, CPA of Grant Park, IL, Secretary David A. Barone of Monroe, NY and Director Margie Duncan of Florence, KY and Principal Broker and General Manager of RML and GGRC, Joseph Thomas of Kodak, TN.
(Update: The above complaint has been received by the Tennessee Securities Division, they have assigned an investigator and I have already spoken with the investigator to give additional information. As a consequence, this ticking time bomb is already getting closer to detonation!)
Meanwhile, Back At The Ranch…TREC Complaint And Requested Actions Against Joe Thomas
This particular TREC complaint is currently only focused on Joe Thomas and what we believe are his multiple, serious violations of the Tennessee Real Estate Broker License Act of 1973, as amended. These alleged violations include deceptive trade practices, conduct that constitutes improper, fraudulent and dishonest dealings, willful misrepresentations, wrongly acting for more than one party in Deer Ridge transactions without the knowledge and consent in writing of all parties, etc. (Even though this complaint is solely focused against Joe Thomas, TREC may choose to include actions against Ridge Resort Realty and/or RML and its board.)
Our hope is that TREC will review our complaint and conclude that all of our allegations against Joe Thomas are not only fully accurate but that his past and future actions represent a true threat to the public. As such, we are requesting that he not only be sanctioned and substantially fined for his nefarious activities that have continued for more than a decade – but that his Tennessee real estate broker’s license will be permanently revoked so that he can no longer deceive those buying and selling Deer Ridge condos or other real estate in Tennessee.
File Your Own TREC Complaint Against Joe Thomas
As described below, we believe we were intentionally deceived by Joe Thomas when we bought our condo at Deer Ridge. If you believe that Joe Thomas also deceived you when you bought your Deer Ridge condo, you are welcome to use the applicable part of the below narrative in your own complaint. Simply take that information and complete your own complaint form against Joe Thomas. The TREC complaint process and form are available by clicking “Book Em Danno”.
Note: It costs you nothing to file a complaint against Joe Thomas with TREC. The great State of Tennessee will take care of it all for you, start to finish, without you having to spend a penny.
Their $1 Million Lawsuit
If you recall, a lot of this started when the Gang of Six (Joe Thomas and the “board”) filed a $1 million lawsuit against me for “slander, libel and ‘false light’, etc.” as a way of trying to silence my first amendment rights and to try to shut down this blog. That was two years ago – and we are still here. However, based on recent actions by the Gang, they are still delusional that their $1 million nuisance suit gives them a hammer to force my capitulation.
One of the things that the Gang doesn’t seem to understand: You can legitimately say bad things about people if you believe they are true. And, we have already proven that Luther Parker, Larry Ohm and Joe Thomas, along with the rest of the board have perpetrated a $2 million fraud by falsely claiming that RML makes money for the HOA. (For details, click Luther Parker’s Big Lie.) We believe that this alone would easily convince a jury of our peers that we had the right to say what we have said and continue to say about Joe Thomas and the rest of the Gang. In spite of this, the Gang continues to squander our HOA dues on legal fees in their ongoing vendetta to protect their own little private fiefdom called Deer Ridge.
As a consequence, and with the goal of showing even more proof to a jury of my peers, I am very aggressively pursuing appropriate regulatory rulings that will show that Joe Thomas and the rest of Gang, have had very unclean hands as a result of their massive, ongoing securities fraud, other state and federal securities law violations, deceptive trade practices and violations of Tennessee consumer protection and real estate laws.
Even a single favorable ruling by any of the regulatory agencies agreeing with our official complaints would be that much more proof to the jury that the $1 million lawsuit by the Gang of Six was nothing more than a retaliatory way of trying to suppress our free speech. Having been born and raise in Tennessee, I can tell you with absolute certainty, Tennesseans take their right to free speech VERY seriously. And, they will have no tolerance for the Gang’s actions.
Allegations
Remember, as of now these are just my allegations of real estate and securities wrong doing by Luther Parker, Larry Ohm CPA, Joe Thomas, David Barone, Tom Reise and Margie Duncan. I believe that I am 100% correct on these allegations based on my years of experience in the business. We will have to wait and see if any, or all, of the 19 states and/or the SEC agree with me or if TREC agrees with me.
Next Filings
During the upcoming week, our regulatory filing of official complaints will include the Tennessee Consumer Protection Division which will be essentially identical to this official complaint filed with TREC. We also hope to have the time this week to file a comprehensive securities fraud complaint with the SEC in Washington, D.C
Other state filings, starting with Florida State Securities Division, will be done over the next one to two weeks.
The Official TREC Complaint
The following is the content of a letter that was attached to the TREC Complaint Form. Also, included in the envelope is a CD-ROM with 300 pages of supporting documents and other evidence.
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Complaint: Deceptive Trade Practices, Securities Fraud And More Against Tennessee Real Estate Broker
Joseph Thomas – Tennessee License 281040
Summary
This complaint being brought before the Tennessee Real Estate Commission specifically deals with my multiple complaints regarding Tennessee real estate broker Joseph Thomas of Kodak, Tennessee for conduct that constitutes improper, fraudulent and dishonest dealings and other violations of the Tennessee Real Estate Broker License Act of 1973.
The home phone number and home address of Joe Thomas are: (865) 932-1669 / 3229 Autumn Lane, Kodak, TN 37764. The Tennessee Real Estate License number for Joe Thomas is 281040.
To fully understand the extent of Joe Thomas’ alleged willful misrepresentations, deceptive trade practices, securities fraud and more, it is necessary to fully define his conflicting roles with three related companies: Ridge Management, Inc., Gatlinburg Golf and Racquet Club and Ridge Resort Reality.
Ridge Management Ltd, Inc. (“RML”) is a “for profit” Tennessee domestic corporation, with corporate offices at 3710 Weber Road, Gatlinburg, Tennessee 37738, and was originally incorporated December 29 1987. A copy of the current filing information (Control #198618), incorporation documents, stock certificate and articles of incorporation are included as Exhibit A. (All supporting documents are in Acrobat format and are contained in the included CD-ROM.)
RML is owned by the 84 owners who own individual condominiums at Deer Ridge Mountain Resort, Gatlinburg, Tennessee, which is governed by the Gatlinburg Golf and Racquet Club Condominium Association, Inc. (“GGRC”) in accordance with the Tennessee Horizontal Property Act. GGRC is a “non-profit” Tennessee domestic corporation with corporate offices at 3710 Weber Road, Gatlinburg, Tennessee 37738, and was originally incorporated March 13, 1984. A copy of the current filing information (Control # 139212) is also included in Exhibit A.
Joseph Thomas of Kodak, Tennessee serves as the General Manager of both GGRC and RML.
He also serves as Principal Broker of Ridge Resort Realty (“RRR”) (www.RidgeResortRealty.com ) which is a DBA of RML. As a consequence, Joe Thomas serves three major roles in companies all related to RRR, thereby creating a substantive conflict of interest that is not clearly disclosed to buyers of condos at Deer Ridge.
Many, if not most, owners of the 84 total outstanding shares of RML are believed to be unaccredited and unsophisticated investors. The prices for condos at Deer Ridge generally range from $35,000 to $90,000.
RML is a rental company that provides motel services for certain Deer Ridge owners, and other real estate owners who do not own a Deer Ridge unit, who wish to rent their individual condo or cabin. Only about 60 of the 84 units at Deer Ridge currently use the motel services of RML. The other 24 owners do not rent their condo or use another rental management company.
It is important to note that RML, under the direction of Joe Thomas, is not solely focused on providing motel services to Deer Ridge owners – but is, instead, a motel service that aggressively pursues cabins and other rental properties which are completely unaffiliated with Deer Ridge. However, in spite of RML expending up to $100,000 or more per year on advertising and marketing, this high risk small company has not been successful in competing in the motel business marketplace and has only signed up about a half dozen additional rental properties. As a consequence, based on corporate audits, RML has lost over $2 million during the past 16.5 years. As the following will show, this $2 million loss was funded by mandatory, illegitimate capital calls that were required to be paid by the real estate owners of all 84 units at Deer Ridge.
By way of background, for the past six plus years, I have been an owner of one of the 84 condo units at Deer Ridge governed by GGRC. As such, I am one of the 84 de facto shareholders of RML.
As an MBA, and the founder and past owner of Goodman Securities, Inc., a NASD Broker/Dealer company which was also a member of SIPC, I believe that I have the necessary credentials and background to recognize that RML, real estate broker Joe Thomas and the board of directors of RML have committed, and continue to commit, what I believe are major state and federal securities law violations including securities fraud exceeding $2 million.
As founder and CEO of a real estate investment company for 15 years that purchased, as a principal, over $100 million of income properties and managed over 45,000 rental units, I believe that I have the necessary credentials and background to recognize that Joe Thomas has committed, and continues to commit, willful misrepresentations, exhibit conduct that constitutes improper, fraudulent and dishonest dealings and deceptive and fraudulent trade practices with regard to many millions of dollars or real estate transactions in Tennessee.
It is my contention that these willful misrepresentations, securities law violations and deceptive trade practices, which have been going on for more than a decade by Joe Thomas, have already resulted in many past and current condo owners being forced into personal bankruptcy and/or losing their Deer Ridge condo in foreclosure or have forced past owners to sell their unit at a significant loss.
As such, I respectfully request that the Tennessee Real Estate Commission thoroughly investigate these complaints for the protection of the past, current and future real estate purchasers of Deer Ridge condos and any and all other persons involved with Tennessee real estate transactions involving Joe Thomas.
Specific Complaints Against Joe Thomas
My complaints include the following allegations:
1. Joe Thomas, General Manager of both GGRC and RML, and the board continue to perpetrate a fraud on all owners by fraudulently claiming, as recently as 60 days ago, that RML has continually made money for the owners. Please see Exhibit B, Luther Parker Letter, dated November 15, 2011 and mailed to all Deer Ridge owners on or about December 1, 2011.
2. In spite of these fraudulent statements and willful misrepresentations, CPA audits commissioned by the corporation clearly show that RML has lost nearly $2 million of owner’s money during the past 16.5 years. This loss of $1,915,934 is calculated based on CPA audits completed by Hickman and Company, CPAs under the direction of Luther Parker, President, Larry Ohm, CPA and Treasurer – and Joe Thomas, General Manager. Please see Exhibit C for copies of all audits and a comprehensive analysis of the audited numbers.
3. This RML loss of $1,915,934 over the past 16.5 years equates to an average RML loss of $116,117 every year.
4. This annual average RML loss of $116,117 has been funded directly out of the pockets of all 84 Deer Ridge owners under the guise of increased, mandatory monthly HOA fees charged to all condo owners at Deer Ridge who happen to also be the stock holders of RML. Instead of the required capital for the operating deficit being funded by an optional capital call to all stockholders, the needed funds are fraudulently included in the monthly HOA fees that are required of all owners. These hidden equity payments continue to equal more than 40% of the contrived monthly HOA fee. Please see Exhibit D for a list of all current owners.
5. This annual average RML loss of $116,117 equals 40% of the $290,540 annual HOA fees collected from all owners of the 84 units at Deer Ridge. As a consequence, nearly half of all HOA fees paid in by the mostly unaccredited and unsophisticated owners are being squandered by this illegitimate corporation’s need for monthly capital infusions.
6. I contend that the actual RML losses are, in fact, much higher than the annual average RML loss of $116,117 shown on the audits. This is because the audits indicate various expense items that should rightfully be associated with and cost accounted with the motel operation of RML are, instead, spurious costs that are listed as expenses of GGRC. I believe that this is being done in order to intentionally deceive owners as to the actual losses that accrue each year from RML’s unprofitable motel operation.
7. RML was illegitimately formed by the board of directors of GGRC in 1987 without a vote of owners – and without providing owners any kind of disclosure or offering document that detailed the risks, management compensation, etc. of the unregistered security. In spite of it not being an approved Common Expense of GGRC, funding for this new corporation, RML, was pulled from the general operating account of GGRC, a non-profit corporation, which in turn was, and is, fully funded by the 84 owners of the condos at Deer Ridge Mountain Resort. As such, RML has offered and continues to offer, unregistered securities to Tennessee residents along with residents of at least 18 other states. Please see Exhibit D.
8. Under the Securities Act of 1933, it is against the law for any company, or “issuer,” to sell securities without either registering the securities with the Securities and Exchange Commission pursuant to Section 5 of the Securities Act or relying upon a valid exemption from the registration requirements. Similarly, pursuant to each individual state’s “Blue Sky” laws, it is generally against the law to sell securities within a state without either registering the securities with the state’s securities regulatory agency or relying upon a valid state exemption from registration.
9. At no time has RML or GGRC ever issued any kind of Reg D private placement memorandum or any other offering document or any type of disclosure documents to the stockholders of RML. There has never been any discussion of risk factors, management compensation or limitations of transfer of ownership that could have tax consequences to both the stockholders and the corporation. Additionally, no investors were ever asked to complete any prospective purchaser questionnaires that asserted that they were accredited. Additionally, no Form D was filed with either the state of Tennessee or with the SEC in Washington, D.C. nor was there any filing fee paid in Tennessee for RML or GGRC to qualify for any securities exemptions. As a consequence, any securities offering made by RML or GGRC does not qualify for any exemptions contemplated by Tenn. Code. Ann. §48-2-103.
10. TENN. CODE ANN. § 48-2-102 provides that a security is defined to include investment contracts. An investment contract is an agreement wherein initial value is given and subjected to the risks of an enterprise, with a valuable benefit of some kind, over and above the initial value, being promised, but the investor does not receive meaningful rights to exercise practical or actual control over the managerial decisions of the enterprise. I believe that this definition of an investment contract includes an investment in a vacation home.
11. Please note from Joe Thomas’ current Real Estate Sales Package that is available to the general public, shown as Exhibit E, that he sells condos at Deer Ridge Mountain Resort as a “personal or corporate investment.” Joe Thomas is also currently advertising these investments in Deer Ridge condos in the mainstream media, thereby, in my opinion, publicly offering unregistered securities to Tennessee residents and engaging in securities fraud every time that he attempts to broker a real estate transaction at Deer Ridge.
12. In examining Exhibit E, “Joe Thomas Deer Ridge Sales Package, December 2011,” note the following reference: “GG&RC HOA Fees cover maintenance and upkeep of all commonly owned areas including but not limited to exterior lighting, parking lot, landscaping, playground, tennis court, picnic pavilion, recreation building including indoor pool, Jacuzzi, sauna, steam room, game room, offices, golf membership and multi-peril insurance on the same.”
In spite of Joe Thomas’ insider knowledge and review of the annual audits, nowhere in his “disclosure” is any reference to the fact that 40% or more of the HOA fees listed are used to fund the average annual operating deficit of $116,117 of RML based on the corporation’s audits.
As a consequence, potential buyers are never told of major, unexpected, undisclosed risk factors prior to their purchase of a of a Deer Ridge condo: Their required ownership of stock in RML and their required ongoing, monthly capital infusions into a money losing venture called RML – and that their non-payment of these capital infusions into this money losing venture would result in foreclosure of their Deer Ridge real estate and contingent personal liability for any potential deficiency.
13. Buyers and owners of condos at Deer Ridge are given no choice of owning shares of RML. All owners must own a share of RML and are required to fund RML’s large operating deficits under the guise of required HOA fees that are nearly twice what would be required if RML were not funded by HOA fees. If owners object to this ongoing monthly capital call and do not pay, those owners are threatened with foreclosure of their home at Deer Ridge. This includes the 24 owners who do not use RML’s services – many of whom object to this illegitimately required monthly capital call funding into RML.
14. For example, when I bought my unit, Joe Thomas acted as both listing and selling broker on the transaction. At no time did Joe Thomas disclose any requirement for us to own a participating share of RML nor did he disclose that nearly half of the property’s annual HOA fees would be used to support a motel management company’s negative cash flow – even if we were not users of RML’s motel services. It is our understanding from recent property sales that Joe Thomas continues his historical lack of disclosure, his willful misrepresentations and his deceptive trade practices.
15. Additionally, Joe Thomas and the board of RML and GGRC have conspired to modify the required monthly HOA fees so that they do not match those percentages shown in the Master Deed and Bylaws. For example, the currently charged HOA fee for a one bedroom, one bath condo at Deer Ridge is, in fact, 82% higher each and every month than the percentages that would be paid according to the regime documents provided by Joe Thomas to us and other new buyers of 1-1 units.
In spite of his insider knowledge of this massive 82% discrepancy, Joe Thomas does not disclose this gross overcharge to new buyers of 1-1 units. (36% of all units at Deer Ridge are 1-1 units.) Most buyers would have a reasonable expectation that the property’s Master Deed and Bylaws would be followed by the HOA’s board. As general manager of GGRC, the property’s HOA, Joe Thomas clearly understands this discrepancy – especially in light of Joe Thomas, GGRC and each individual board member being named as co-defendants in a lawsuit in which this 82% overcharge is a key issue. In spite of Joe Thomas’ crystal clear knowledge of this 82% overcharge, the fact is still not properly disclosed on Deer Ridge sales in which he is a participating broker. Likewise, Joe Thomas does not disclose the existence of this current, potentially significant, litigation against the HOA to any new buyers of any sized units at Deer Ridge.
16. The fact that Joe Thomas also served then, and continues to serve, as General Manager of both GGRC and RML, as well as the principal broker of Ridge Resort Realty (a DBA of RML), gave and gives him complete knowledge and insights into the true operation of both corporations. As such, I contend that Joe Thomas knowingly and deviously omits these disclosures as part of his deceptive trade practices as a Tennessee real estate agent since many buyers, ourselves included, would have never bought a Deer Ridge condo if proper disclosure of these risk factors and gross overcharges had been properly made.
17. It is my contention that most buyers of small condos under $90,000 do not expect that they will also be unwilling stockholders in a money-losing motel business that will squander almost half of each year’s HOA fees. As such, the lack of this disclosure by broker and General Manager Joe Thomas is especially nefarious and fraudulent.
18. It is my contention that Joe Thomas , as General Manager and Principal Broker, is aided and abetted by all five members of the board of directors of RML, all of whom are co-conspirators in securities fraud and other securities law violations and have breached their fiduciary duties to all owners. The board members are President Luther Parker of Memphis, TN, Vice President Thomas Reise of Friendship, WI, Treasurer Larry Ohm, CPA of Grant Park, IL, Secretary David A. Barone of Monroe, NY and Director Margie Duncan of Florence, KY. General Manager of RML is Joseph Thomas of Kodak, TN. Please see Exhibit F for a complete listing including each individual’s home address, home telephone number and personal email address.
19. It is my contention that all five board members and Joe Thomas have conspired for years to fraudulently deceive owners at Deer Ridge regarding the profits and losses of RML in order for them to continue to operate their motel business for their own personal gain and benefits – none of which are disclosed to owners. These six individuals are concerned about the growing complaints of owners regarding having the highest HOA fees in the entire East Tennessee area. These six individuals are concerned that if the owners knew the truth about more than 40% of the HOA fees were used to cover the exorbitant annual losses of RML, these owners would take action to shut down this illegitimate corporation and cut their HOA fees in half. These six individuals are concerned that with an RML shut down, the benefits they uniquely receive from their motel business would be lost. I contend that this is the primary reason that Luther Parker, Larry Ohm, CPA and Joe Thomas lead this conspiracy to fraudulently lie to all owners about the profitability of RML.
20. TENN. CODE ANN. § 48-2-121 provides that it is unlawful for any person, in connection with the offer, sale or purchase of any security in this state, directly or indirectly, to make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading. In spite of the corporations’ audits showing a $2 million loss during the past 16.5 years, Luther Parker, Larry Ohm and Joe Thomas continue to falsely assert that RML is a profitable operation in order to intentionally mislead owners.
21. As a result of his inherent conflicts of interest from being the General Manager of RML from which he receives his primary compensation, Joe Thomas, as principal broker for RRR, has consistently discriminated against potential buyers of condos at Deer Ridge who he believed would be a resident owner or who would otherwise not use RML for rental activities. As such, I contend that Joe Thomas was, and is, wrongly acting for more than one party in Deer Ridge transaction without the knowledge and consent in writing of all parties. As such, sellers were not able to have all possible prospective buyers bid on their property. As such, many buyers who were interested in becoming a full time resident were directly, or through subterfuge, strongly discouraged from buying a condo at Deer Ridge. I contend that these malicious acts were, and are, motivated by Joe Thomas’ expectations of increased personal gain at the expense of owners wishing to sell their units.
22. Additionally, those owners who choose to not use RML’s motel services, such as the 24 current owners, continue to be subjected, under the direction of Joe Thomas, to significant discrimination, retaliatory actions and malicious slander and libel as well as being burdened with financial costs not borne by RML participants.
23. Many of these same board members and Joe Thomas have been in complete control of the board and the operation of Deer Ridge for a decade or more.
24. The company’s treasurer is Larry Ohm who claims to be a CPA in Illinois. I contend that because of his profession-required understanding of financial statements, Larry Ohm fully understands the audits and the nearly $2 million aggregate loss they show for the past 16.5 years. Yet, he continually and fraudulently misrepresents that RML is making the stockholders money. Please see Exhibit G which clearly shows Larry Ohm falsely stating that, “This clearly contradicts the accusations by anyone that HOA fees and special assessments are being utilized to pay for the costs of operating RML. In truth, in the past, it was RML that was providing a subsidy to GGRC.”
This fraudulent and misleading statement by Larry Ohm, CPA, was made to all owners in spite of 16 years of audits of the corporation clearly showing a $2 million loss, or an average loss of $116,117 every year for 16 years!
25. Exhibit H includes my Warranty Deed, complete closing statement package and my fully executed purchase contract with all attachments showing Joe Thomas as the only broker involved.
These documents show that there was never any disclosure of any kind made to me prior to closing that indicate in any way that I would be fraudulently forced to support a money losing corporation such as RML as part of my purchase or a residential condo. Again, if this had been properly and legitimately disclosed, I would have never considered closing on this transaction.
26. During the past six plus years that I have owned a condo at Deer Ridge, I have documentation that repeatedly pointed out to Joe Thomas and these board members that they are lying to the owners about RML’s profitability in light of the attached annual audits that they themselves commission each year. Therefore, there can be no legitimate claim by any board member or General Manager Joe Thomas that they had no knowledge of the facts.
27. In spite of numerous attempts, during the past six plus years that I have owned a condo at Deer Ridge, I have never received a copy of the Administrator’s Book that lists all income and disbursements, along with supporting vouchers. This Administrator’s Book, in this specific format, is required by the Tennessee Horizontal Property Act (§66-27 -113.) It is my understanding that Joe Thomas and the board have never made this Administrator’s Book available to any owner. Ever. As a consequence, no owner or stockholder in RML has ever been allowed to see the books and records as required by Tennessee state law. It is my contention that this stonewalling is driven by the conspiring board’s strong desire to hide certain transactions from the scrutiny of the stockholders – and it is my belief that these hidden transactions hide multiple acts of malfeasance.
Again, based on my 15 plus years of experience from acquiring $100 million of income property and managing 45,000 rental units – and my many years of experience from owning a NASD broker-dealer and my involvement with numerous private placement offerings and the applicable state and federal securities laws that control such offerings, I strongly believe there may be major, ongoing malfeasance that is negatively impacting the owners of condos at Deer Ridge.
The owners at Deer Ridge are mostly unaccredited investors who, in my opinion, are being consistently and deliberately deceived and victimized by a conspiracy of Joe Thomas and the board of directors of both RML and GGRC who are personally benefiting from these deceptions. I believe that these ongoing activities, deceptive trade practices and material misrepresentations are violations of the Tennessee Securities Act of 1980, as amended, and violations of the Tennessee Real Estate Broker License Act of 1973, as amended, and put the public at significant risk of immediate and irreparable injury, loss or damage.
Based on the above allegations and the enclosed exhibits, I believe that your investigation will find that Joe Thomas, Luther Parker, Larry Ohm CPA and the rest of the board continue to perpetrate willful misrepresentations, conduct that constitutes improper, fraudulent or dishonest dealings and numerous and substantial securities law violations to the financial determent of past, current and future owners of condos at Deer Ridge.
I have already filed a complaint for securities fraud with the Securities Division of the Department of Commerce and Insurance for the State of Tennessee asking that they investigate this complaint for the protection of the current and future owners of stock in RML. They have already assigned an investigator who has initiated a comprehensive review of the facts from a securities perspective.
Additionally, I have hired an attorney and we have filed several court actions against Joe Thomas as a result of his willful misrepresentations, deceptive trade practices, violations of securities laws and other nefarious acts.
I am not looking to the Tennessee Real Estate Commission for any recovery of funds to which I may be entitled. I shall look to the courts for that relief.
However, it is my strong belief that the public needs to be protected from Joe Thomas – and that he should not only be sanctioned and substantially fined by the Tennessee Real Estate Commission – but should have his Tennessee real estate license permanently revoked to prevent him from continuing to victimize, mislead and deceive any more real estate buyers and sellers in our great State.
I will be glad to be of help to your investigation and will gladly testify at any hearings concerning this matter.
Not only can I provide your department with numerous additional documents and evidence not contained on the enclosed CD-ROM, I will gladly meet with you at your convenience or discuss these allegations on the phone in order to expedite your review of the facts concerning the multitude real estate violations of Joe Thomas.
Thank you for your consideration of my complaint.
Sincerely,
Robert Goodman
PS: Much of this legal fight is fully documented at my blog www.DeerRidgeOwners.com. This blog has between 35,000 and 50,000 page views per month – with interested viewers all over the country watching to see what justice can be found in the great State of Tennessee.
I hope that the actions of the Tennessee Real Estate Commission will show the nation that we Tennesseans will not tolerate real estate fraud, deceptive trade practices, securities fraud and other securities law violations – and that even unaccredited and unsophisticated real estate buyers will be protected.
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Stay Tuned!
We live in interesting times. And, hopefully, with the help of the State of Tennessee Securities Division and the Tennessee Real Estate Commission, we will make 2012 VERY interesting for the Gang of Six!
As you have read here, I have filed a securities fraud complaint against RML, Luther Parker, Larry Ohm CPA, Joe Thomas and all “board members” of Ridge Management Ltd, Inc.
This first complaint for securities law violations was filed with the State of Tennessee Department of Commerce and Insurance Securities Division in Nashville.
I received a letter from them yesterday stating that an investigator has been assigned to the case.
Obviously, this is only the first step in their determining if there is probable cause to believe there has been a violation, or violations, of the Tennessee Securities Act of 1980 in order for them to refer evidence of violations for criminal or administrative action.
You can read all about my securities fraud complaint against RML, Luther Parker, Larry Ohm CPA, Joe Thomas and all “board members” of Ridge Management Ltd, Inc. by clicking “Book ‘em Danno!”
There, you can also see how you can file your own securities fraud complaint against the Gang of Six!
Stay Tuned!
We live in interesting times….and things, I hope, may get VERY interesting VERY soon!
The first of several securities fraud complaints was filed today against RML, Luther Parker, Larry Ohm CPA, Joe Thomas and all “board members” of Ridge Management Ltd, Inc.
This first complaint for securities law violations was filed with the State of Tennessee Department of Commerce and Insurance Securities Division in Nashville. Below you can see the completed form. Attached to the form was the following information along with an included CD-ROM that provides copies of nearly 300 pages of applicable documents and evidence.
Since the current ownership of all 84 units at Deer Ridge Mountain Resort include domiciles in 19 states, I intend to file similar complaints for securities fraud, and other securities law violations, with each of those additional 18 individual states securities divisions. Additionally, since four of the five board members live outside of Tennessee and since ownership is spread across 19 states, I intend to file a similar complaint for securities fraud and other securities law violations with the Securities Exchange Commission (SEC) in Washington D.C. since the geographically diverse ownership makes it a federal case. (Note: If an owner’s home address is in any particular state, then almost always, that state’s unique and specific securities laws must also be followed to the letter – as well as the securities laws of the state of Tennessee.)
As I have previously mentioned here, Luther Parker, Larry Ohm and Joe Thomas all have continued to falsely represent that RML makes money and does not cost our GGRC HOA and the Deer Ridge owners money. In spite of me showing my proof that RML has lost us $2 million during the past 16.5 years BASED ON THEIR AUDITS, the Gang of Six refuses to admit their lies.
I have asked Luther Parker for his proof of his statements in his November 15, 2011 letter that was sent to all owners, “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.”
Folks, these statements by Luther Parker are lies.
And I am tired of Luther Parker, Larry Ohm CPA, Joe Thomas, David Barone, Tom Reise and Margie Duncan intentionally misleading all owners regarding this hugely important and pivotal matter. Luther has not come forward with any proof. So, I intend to force him to prove his statements were true to state authorities – in lots of states.
Based on my experience gained from starting and owning my own National Association of Securities Dealers (NASD) broker-dealer corporation and being a member of the Securities Investor Protection Corporation (SPIC), and having raised $25 million from investors and venture capital, I know something about state and federal securities laws. And it is my opinion, based on all of that experience, that these kinds of lies told repeatedly by Luther Parker, Larry Ohm CPA, Joe Thomas, David Barone, Tom Reise and Margie Duncan should be considered securities fraud.
Additionally, since buying any condo at Deer Ridge requires that any owner become a de facto stockholder of RML, at least 40% of all owners’ HOA fees will be squandered by feeding RML’s massive negative cash flow. Since every new owner, along with all existing owners, are forced to fund this ongoing need for capital contributions into the illegitimate RML, I believe that additional, ongoing major securities fraud is committed by Joe Thomas every time he sells a condo.
This is because Joe Thomas NEVER tells buyers they will be forced to own part of RML and fund these huge negative cash flows. I believe that this despicable and intentional lack of disclosure by Joe Thomas probably violates multiple other state and federal securities laws as well as being violations of the rules and regulations of the Tennessee Real Estate Commission.
RML Is A Corporation That Issued Shares And Is Required To Abide By Securities Law
Whether the Gang of Six likes it or not, Ridge Management Ltd, Inc. is a corporation that is governed by securities laws in Tennessee and elsewhere. As such, these securities laws regulate what can be done, how it can be done and what can be said or not said with regard to RML.
One of the things officers and directors cannot do is lie and mislead investors in the corporation.
If I am showing, based on the corporation’s own audits, that RML lost $2 million during the past 16.5 years, you can easily verify my statement and my math by reviewing the same audits. The same is true for the Securities Division of Tennessee, and all other securities agencies and the SEC.
Luther Parker made his above statements about a month ago. I’ve asked him to prove it. He has chosen once again to ignore owners’ demands of proof – and has not provided an iota of proof of his statement. Again, this is Luther Parker’s most recent published lie,“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.”
Uh huh.
Now, he can try to prove every nuance of those statements to the Securities Division of Tennessee. And, they won’t take his empty, arm waving and name calling as proof of anything! Plus, they have their own forensic accountants and forensic computer experts who know how to find malfeasance and ferret out the REAL truth.
Better get ready, boys, they are from the government – and they are here to help you!
Securities Division of Tennessee – An Agency With Big Teeth
Just so you know, the Securities Division of Tennessee is not some toothless state agency without power to force compliance. Actually, it is just the opposite. It can fine both the corporation and/or the individuals associated with the corporation for all sorts of securities law violations.
A review of recent actions taken by the Securities Division of Tennessee shows that they have forced consent decrees, taken away licenses, shut down companies and have fined individuals involved with various securities law violations, including securities fraud, with personal fines exceeding $500,000 for EACH person involved and for EACH violation. These are for civil violations. If they uncover criminal violations, those charges and actions are dealt with separately and IN ADDITION to the punishments and fines for civil violations.
I would call that some major teeth, n’cest pas?
Just The Start
Virtually every state has a securities division or agency similar to the Securities Division of Tennessee. And each one has similar kinds of teeth for similar kinds of securities fraud.
Of course, if you think that’s bad – well, then we also have the Securities Exchange Commission to help us out since Deer Ridge and RML fall under federal scrutiny too. The SEC has monster teeth.
These are the same folks that sent Martha Stewart and Bearnie Madoff to prison after charging them with securities fraud and other securities law violations. The SEC has already charged 87 CEOs, CFOs and other senior officers and their banks and mortgage companies in the 2008 Financial Crisis with securities violations and have already fined these officers and directors with nearly $2 billion in penalties, disgorgement and other monetary relief.
The Word of Today For The Gang of Six: Disgorgement
Disgorgement is repayment of ill-gotten gains that is imposed on wrong-doers by the courts. Funds that were received through illegal or unethical business transactions such as securities law violations are disgorged, or paid back, with interest to those affected by the action.
Individuals or companies that violate Securities and Exchange Commission (SEC) regulations are typically required to pay both civil money penalties and disgorgement. Civil money penalties are punitive, while disgorgement is about paying back profits made from those actions that violated the SEC’s regulations. However, disgorgement payments are not only demanded of those who violate securities regulations. Anyone profiting from illegal or unethical activities may be civilly required to disgorge their profits.
My expectation is that the SEC and the various state securities agencies will take this same approach of disgorgement with regard to the $2 million Luther Parker lie, and all the OTHER lies and misrepresentations, and force this kind of repayment to ALL past and current owners at Deer Ridge. (Yes, folks, even those of you who have already sold your unit or lost it in foreclosure or forced to sell at a loss may be covered by the complaint process – so be sure and file your own complaint! See below.)
Based on everything I know about securities law – and the MANY ways that things are wrongly done at Deer Ridge and the way lies have been told for years along with all the massive, misleading misrepresentations – I think the SEC might find it interesting to research ALL the ways that this fiefdom has been run for so many years – and the millions of dollars it has cost past and current owners.
Allegations
Remember, as of now these are just my allegations of securities wrong doing by Luther Parker, Larry Ohm CPA, Joe Thomas, David Barone, Tom Reise and Margie Duncan. I believe that I am 100% correct on these allegations based on my years of experience in the business. We will have to wait and see if any, or all, of the 19 states and/or the SEC agree with me.
Below the line is what I filed with the official complaint form for the Securities Division of Tennessee. If you would like to file your own securities law violations complaint against RML and/or the individual members of the Gang of Six with the Tennessee Securities Division, just click “Book ‘em Danno!”
Note: It costs you nothing to file a securities law complaint against RML and the Gang of Six. The great State of Tennessee will take care of it all for you, start to finish, without you having to spend a penny. The same is true for the SEC – and probably every one of the other 18 states where Deer Ridge owners live.
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Investor Complaint For Securities Fraud And Other Securities Law Violations Filed Against Ridge Management LTD, Inc.
and
President Luther Parker, Treasurer Larry Ohm CPA, General Manager Joe Thomas, Vice President Tom Reise, Secretary David Barone and Director Margie Duncan
Summary
Ridge Management Ltd, Inc. (“RML”) is a “for profit” Tennessee domestic corporation, with corporate offices at 3710 Weber Road, Gatlinburg, Tennessee 37738, and was originally incorporated December 29 1987. A copy of the current filing information (Control #198618), incorporation documents, stock certificate and articles of incorporation are included as Exhibit A. (All supporting documents are in Acrobat format and are contained in the included CD-ROM.)
RML is owned by the 84 owners who own individual condominiums at Deer Ridge Mountain Resort, Gatlinburg, Tennessee, which is governed by the Gatlinburg Golf and Racquet Club Condominium Association, Inc. (“GGRC”) in accordance with the Tennessee Horizontal Property Act. GGRC is a “non-profit” Tennessee domestic corporation with corporate offices at 3710 Weber Road, Gatlinburg, Tennessee 37738, and was originally incorporated March 13, 1984. A copy of the current filing information (Control # 139212) is also included in Exhibit A.
Luther Parker, of Memphis, Tennessee, serves as the President of both GGRC and RML.
Many, if not most, owners of the 84 total outstanding shares of RML are believed to be unaccredited and unsophisticated investors. The prices for condos at Deer Ridge generally range from $35,000 to $90,000.
RML is a rental company that provides motel services for certain Deer Ridge owners, and other real estate owners who do not own a Deer Ridge unit, who wish to rent their individual condo or cabin. Only about 60 of the 84 units at Deer Ridge currently use the motel services of RML. The other 24 owners do not rent their condo or use another rental management company. It is important to note that RML is not solely focused on providing motel services to Deer Ridge owners – but is, instead, a motel service that aggressively pursues cabins and other rental properties which are completely unaffiliated with Deer Ridge. However, in spite of RML expending up to $100,000 and more each year in advertising and marketing, this high risk small company has not been successful in competing in the motel business marketplace and has only signed up about a half dozen additional rental properties.
As a consequence, based on corporate audits, RML has lost $2 million during the past 16.5 years. As the following will show, this $2 million loss was funded by illegitimate capital calls.
By way of background, for the past six plus years, I have been an owner of one of the 84 condo units governed by GGRC. As such, I am one of the 84 de facto shareholders of RML.
As an MBA, and the founder and past owner of a NASD Broker/Dealer company which was also a member of SIPC, I believe that I have the necessary credentials and background to recognize that RML has committed, and continues to commit, what I believe are major state and federal securities law violations including securities fraud exceeding $2 million.
I believe that many of these violations may include current criminal conduct as well as blatant civil violations including ongoing securities fraud happening on a monthly basis.
It is my contention that these securities law violations, which have been going on for more than two decades, have already resulted in many past and current stockholders being forced into personal bankruptcy and/or losing their Deer Ridge condo in foreclosure or have been forced to sell their unit at a significant loss.
Currently, the owners of the 84 units at Deer Ridge are comprised of approximately 14 owners who live in Tennessee and 70 who have domicile addresses in 18 other states.
As such, since securities laws for other jurisdictions are clearly involved, we intend on contacting the state agency for securities laws in each of those 18 other states as well as the Securities Exchange Commission in Washington D.C. for issues regarding federal law. We intend on sending those agencies this same information in this letter along with a copy of the enclosed CD-ROM that contains the supporting documents and evidence.
However, since I am a born and raised Tennessee resident, and since the corporations involved are domestic and under your jurisdiction, I wanted to first contact your department regarding these securities violations so that you could have a head start on enforcement and compliance.
As such, I respectfully request that the Securities Division of the Department of Commerce and Insurance for the State of Tennessee thoroughly investigate this complaint for the protection of the past, current and future owners of common stock in RML.
Investor Complaints
My investor complaint includes the following allegations:
Luther Parker, President of both GGRC and RML, continues to perpetrate a fraud on all stockholders by fraudulently claiming, as recently as 30 days ago, that RML has continually made money for the owners. Please see Exhibit B, Luther Parker Letter, dated November 15, 2011 and mailed to all Deer Ridge owners on or about December 1, 2011.
In spite of the fraudulent claims by Luther Parker, CPA audits commissioned by the corporation clearly show that RML has lost nearly $2 million of investors’ money during the past 16.5 years. This loss of $1,915,934 is calculated based on CPA audits completed by Hickman and Company, CPAs under the direction of Luther Parker, President, Larry Ohm, CPA and Treasurer and Joe Thomas, General Manager. Please see Exhibit C for copies of all audits and a comprehensive analysis of the audited numbers.
This RML loss of $1,915,934 over the past 16.5 years equates to an average RML loss of $116,117 every year.
This annual average RML loss of $116,117 is funded directly out of the pockets of all 84 Deer Ridge owners under the guise of increased monthly HOA fees to all condo owners at Deer Ridge who happen to also be the stock holders of RML. Instead of the required capital for the operating deficit being funded by an optional capital call to all stockholders, the needed funds are fraudulently included in the monthly HOA fees that are required of all owners. These hidden equity payments continue to equal more than 40% of the contrived monthly HOA fee. Please see Exhibit D for a list of all current stockholders.
This annual average RML loss of $116,117 equals 40% of the $290,540 annual HOA fees collected from all owners of the 84 units at Deer Ridge. As a consequence, nearly half of all HOA fees paid in by the mostly unaccredited and unsophisticated investors are being squandered by this illegitimate corporation’s need for monthly capital infusions.
I contend that the actual RML losses are, in fact, much higher than the annual average RML loss of $116,117 shown on the audits. This is because the audits indicate various expense items that should rightfully be associated with and cost accounted with the motel operation of RML are, instead, spurious costs that are listed as expenses of GGRC. I believe that this is being done in order to intentionally deceive stockholders as to the actual losses that accrue each year from RML’s unprofitable motel operation.
RML was illegitimately formed by the board of directors of GGRC in 1987 without a vote of owners – and without providing owners any kind of disclosure or offering document that detailed the risks, management compensation, etc. of the unregistered security. In spite of it not being an approved Common Expense of GGRC, funding for this new corporation, RML, was pulled from the general operating account of GGRC, a non-profit corporation, which in turn was, and is, fully funded by the 84 owners of the condos at Deer Ridge Mountain Resort. As such, RML has offered and continues to offer, unregistered securities to Tennessee residents along with residents of at least 18 other states. Please see Exhibit D.
Under the Securities Act of 1933, it is against the law for any company, or “issuer,” to sell securities without either registering the securities with the Securities and Exchange Commission pursuant to Section 5 of the Securities Act or relying upon a valid exemption from the registration requirements. Similarly, pursuant to each individual state’s “Blue Sky” laws, it is generally against the law to sell securities within a state without either registering the securities with the state’s securities regulatory agency or relying upon a valid state exemption from registration.
At no time has RML or GGRC ever issued any kind of Reg D private placement memorandum or any other offering document or any type of disclosure documents to the stockholders of RML. There has never been any discussion of risk factors, management compensation or limitations of transfer of ownership that could have tax consequences to both the stockholders and the corporation. Additionally, no investors were ever asked to complete any prospective purchaser questionnaires that asserted that they were accredited. Additionally, no Form D was filed with either the state of Tennessee or with the SEC in Washington, D.C. nor was there any filing fee paid in Tennessee for RML or GGRC to qualify for any securities exemptions. As a consequence, any securities offering made by RML or GGRC does not qualify for any exemptions contemplated by Tenn. Code. Ann. §48-2-103.
TENN. CODE ANN. § 48-2-102 provides that a security is defined to include investment contracts. An investment contract is an agreement wherein initial value is given and subjected to the risks of an enterprise, with a valuable benefit of some kind, over and above the initial value, being promised, but the investor does not receive meaningful rights to exercise practical or actual control over the managerial decisions of the enterprise. I believe that this definition of an investment contract includes an investment in a vacation home. Please note from Joe Thomas’ current Real Estate Sales Package that is available to the general public, shown as Exhibit E, that he sells condos at Deer Ridge Mountain Resort as a “personal or corporate investment.” Joe Thomas is also currently advertising these investments in the mainstream media, thereby, in my opinion, publicly offering unregistered securities to Tennessee residents and engaging in securities fraud.
In examining Exhibit E, “Joe Thomas Deer Ridge Sales Package, December 2011,” note the following reference: “GG&RC HOA Fees cover maintenance and upkeep of all commonly owned areas including but not limited to exterior lighting, parking lot, landscaping, playground, tennis court, picnic pavilion, recreation building including indoor pool, Jacuzzi, sauna, steam room, game room, offices, golf membership and multi-peril insurance on the same.” In spite of Joe Thomas’ insider knowledge and review of the annual audits, nowhere in his “disclosure” is any reference to the fact that 40% or more of the HOA fees listed are used to fund the average annual operating deficit of $116,117 of RML based on the corporation’s audits. As a consequence, buyers of condos at Deer Ridge are never told of this ongoing capital call requirement, and major risk factor, prior to their purchase of a condo.
Buyers and owners of condos at Deer Ridge are given no choice of owning shares of RML. All owners must own a share of RML and are required to fund RML’s large operating deficits under the guise of required HOA fees that are nearly twice what would be required if RML were not funded by HOA fees. If owners object to this ongoing monthly capital call and do not pay, those owners are threatened with foreclosure of their home at Deer Ridge. This includes the 24 owners who do not use RML’s services – many of whom object to this illegitimately required monthly capital call funding into RML.
Additionally, there continues to be a complete lack of any disclosure whatsoever regarding the required, ongoing, monthly capital call funding for RML’s negative cash flow when a new owner purchases a condo at Deer Ridge. For example, when I bought my unit, Joe Thomas acted as both listing and selling broker on the transaction. At no time did Joe Thomas disclose any requirement for us to own a participating share of RML nor did he disclose that nearly half of the property’s annual HOA fees would be used to support a motel management company’s negative cash flow – even if we were not users of RML’s motel services. It is our understanding from recent property sales that Joe Thomas continues his historical lack of disclosure.
The fact that Joe Thomas also served then, and continues to serve, as General Manager of both GGRC and RML, as well as the principal broker of Ridge Resort Realty (a DBA of RML), gave and gives him complete knowledge and insights into the true operation of both corporations. As such, I contend that Joe Thomas knowingly and deviously omits this disclosure as part of his deceptive trade practices as a real estate agent since many buyers, ourselves included, would have never bought a Deer Ridge condo if proper disclosure of this risk factor had been properly made.
It is my contention that most buyers of small condos under $90,000 do not expect that they will also be unwilling stockholders in a money-losing motel business that will squander almost half of each year’s HOA fees. As such, the lack of this disclosure by broker and General Manager Joe Thomas is especially nefarious and fraudulent.
It is my contention that Luther Parker, president, is aided and abetted by all four other members of the board of directors and the company’s general manager, all of whom are co-conspirators in securities fraud and other securities law violations and have breached their fiduciary duties to all stockholders. The board members are President Luther Parker of Memphis, TN, Vice President Thomas Reise of Friendship, WI, Treasurer Larry Ohm, CPA of Grant Park, IL, Secretary David A. Barone of Monroe, NY and Director Margie Duncan of Florence, KY. General Manager of RML is Joseph Thomas of Kodak, TN. Please see Exhibit F for a complete listing including each individual’s home address, home telephone number and personal email address.
It is my contention that all five board members and Joe Thomas have conspired for years to fraudulently deceive owners at Deer Ridge regarding the profits and losses of RML in order for them to continue to operate their motel business for their own personal gain and benefits – none of which are disclosed to owners. These six individuals are concerned about the growing complaints of owners regarding having the highest HOA fees in the entire East Tennessee area. These six individuals are concerned that if the owners knew the truth about more than 40% of the HOA fees were used to cover the exorbitant losses of RML, these owners would take action to shut down this illegitimate corporation and cut their HOA fees in half. These six individuals are concerned that with an RML shut down, the benefits they uniquely receive from their motel business would be lost. I contend that this is the primary reason that Luther Parker, Larry Ohm, CPA and Joe Thomas lead this conspiracy to fraudulently lie to all owners about the profitability of RML.
TENN. CODE ANN. § 48-2-121 provides that it is unlawful for any person, in connection with the offer, sale or purchase of any security in this state, directly or indirectly, to make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading. In spite of the corporations’ audits showing a $2 million loss during the past 16.5 years, Luther Parker, Larry Ohm and Joe Thomas continue to falsely assert that RML is a profitable operation in order to intentionally mislead stockholders.
Additionally, those who choose to not use RML’s motel services, such as 24 current owners, are subjected to significant discrimination, retaliatory actions and malicious slander and libel as well as being burdened with financial costs not borne by RML participants.
Many of these same board members and Joe Thomas have been in complete control of the board and the operation of Deer Ridge for a decade or more.
The company’s treasurer is Larry Ohm who claims to be a CPA in Illinois. I contend that because of his profession-required understanding of financial statements, Larry Ohm fully understands the audits and the nearly $2 million aggregate loss they show for the past 16.5 years. Yet, he continually and fraudulently misrepresents that RML is making the stockholders money. Please see Exhibit G which clearly shows Larry Ohm falsely stating that, “This clearly contradicts the accusations by anyone that HOA fees and special assessments are being utilized to pay for the costs of operating RML. In truth, in the past, it was RML that was providing a subsidy to GGRC.” This fraudulent and misleading statement by Larry Ohm, CPA, was made to all owners in spite of 16 years of audits of the corporation clearly showing a $2 million loss, or an average loss of $116,117 every year for 16 years!
Exhibit H includes my Warranty Deed, complete closing statement package and my fully executed purchase contract with all attachments showing Joe Thomas as the only broker involved. These documents show that there was never any disclosure of any kind made to me prior to closing that indicate in any way that I would be fraudulently forced to support a money losing corporation such as RML as part of my purchase or a residential condo. Again, if this had been properly and legitimately disclosed, I would have never considered closing on this transaction.
During the past six plus years that I have owned a condo at Deer Ridge, I have documentation that repeatedly pointed out to these board members that they are lying to the owners about RML’s profitability in light of the attached annual audits that they themselves commission each year. Therefore, there can be no legitimate claim by any board member or General Manager Joe Thomas that they had no knowledge of the facts.
In spite of numerous attempts, during the past six plus years that I have owned a condo at Deer Ridge, I have never received a copy of the Administrator’s Book that lists all income and disbursements, along with supporting vouchers. This Administrator’s Book, in this specific format, is required by the Tennessee Horizontal Property Act (§66-27 -113.) It is my understanding that Joe Thomas and the board have never made this Administrator’s Book available to any owner. Ever. As a consequence, no owner or stockholder in RML has ever been allowed to see the books and records as required by Tennessee state law. It is my contention that this stonewalling is driven by the conspiring board’s strong desire to hide certain transactions from the scrutiny of the stockholders – and it is my belief that these hidden transactions hide multiple acts of malfeasance.
Again, based on my many years of experience from owning a NASD broker-dealer and my involvement with numerous private placement offerings and the applicable state and federal securities laws that control such offerings, I strongly believe there may be major, ongoing malfeasance that is negatively impacting the stockholders of RML.
The owners at Deer Ridge are mostly unaccredited investors who, in my opinion, are being consistently and deliberately deceived and victimized by a conspiracy by the board of directors of both RML and GGRC who are personally benefiting from these deceptions. I believe that these ongoing activities and material misrepresentations are violations of the Tennessee Securities Act of 1980, as amended, and put the public at significant risk of immediate and irreparable injury, loss or damage.
Based on the above allegations and the enclosed exhibits, I believe that your investigation will find that Joe Thomas, Luther Parker, Larry Ohm CPA and the rest of the board continue to perpetrate numerous and substantial securities law violations to the financial determent of past, current and future stockholders of RML.
I respectfully request that the Securities Division of the Department of Commerce and Insurance for the State of Tennessee investigate this complaint for the protection of the current and future owners of stock in RML.
I will be glad to be of help to your investigation.
Not only can I provide your department with numerous additional documents and evidence not contained on the enclosed CD-ROM, I will gladly meet with you at your convenience or discuss these allegations on the phone in order to expedite your review of the facts concerning the securities violations of Ridge Management Ltd, Inc. by its board of directors and general manager.
Thank you for your consideration of my complaint.
Sincerely,
Robert Goodman
PS: Much of this legal fight is fully documented at my blog www.DeerRidgeOwners.com. This blog has between 35,000 and 50,000 page views per month – with interested viewers all over the country watching to see what justice can be found in the great State of Tennessee.
I hope that the actions of the Securities Division of the Department of Commerce and Insurance for the State of Tennessee will show the nation that we will not tolerate securities fraud and other securities law violations – and that even unaccredited and unsophisticated investors will be protected.
——————————————————
Stay Tuned!
We live in interesting times. And, hopefully, with the help of the State of Tennessee Securities Division, we will make 2012 VERY interesting for the Gang of Six!
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 board members can get free stays in Hilton Head, Myrtle Beach and other resorts, get free meals at restaurants, maybe even get free cruises, and enjoy other “personal benefits” – all because RML can use your unit for “promotional” and “complimentary usage”?
Do you realize that all this “wear and tear” on your unit gets you zero income?
Do you realize that you are the one who has to cover the cost for the utilities that are used – so that it is costing you money out of your pocket?
Do you realize that when it is being used for “promotional” and “complimentary usage” that it is unavailable for rental income or even the owner’s use?
Do you realize that Joe Thomas does not even need to tell you when or how often or how many total nights a year that your unit is used like this?
Do you realize that Joe Thomas has “sole discretion” with regard to all of the above – no matter what the owner wants?
Don’t believe me? Well, here is a snippet from the current RML Agreement that all RML users sign:
Pretty scary, huh?
These are know as “trade outs” in the business.
Trade Outs are barter arrangement in which goods or services are exchanged for other goods and services. For example, a newsprint supplier may get advertising space in exchange for paper, or a janitorial firm may exchange its services for a market research by an advertising firm.
Since we live here, we see how much of this goes on. And let me tell you, here in east Tennessee, the barter system is alive and well – and used often.
Interestingly enough, we have noted a huge increase in “tourists” with local tags on the vehicles – and when we say local, we mean tags that indicate the vehicle is registered in either our own Sevier County or in adjacent Cocke County. We have overheard many conversations in the parking lot where these “guests” were commenting that they were staying free.
All of this, especially in light of Joe Thomas’ unconstrained ability to use any RML owner’s unit for “promotional” purposes, makes us wonder what personal benefits he may, just maybe, be receiving at the expense of owners.
I don’t know about you – but if all of this turns out to be true, I personally do not think it is ethical or right for Joe Thomas to be using owners’ units as some kind of new, untraceable currency for his personal benefit. In my opinion, Joe Thomas should not be enjoying free golfing junkets to Hilton Head, Myrtle Beach and beyond – because of the above clause in the RML Rental Agreement.
Next time you talk to Joe Thomas, ask him to tell you how many free trips and cruises he has taken, and his staff have taken, over the years as a consequence of his abilities to use YOUR unit for HIS benefit. Ask Joe Thomas whatever other personal benefits he has received, such as restaurant vouchers and the like, as a consequence of his abilities to use YOUR unit for HIS benefit.
I doubt you will get an honest answer, but I highly recommend the dialog.
How much has YOUR condo been used by Joe Thomas for his own personal benefit?
Another Good Reason To Use Cobbly Nob Rentals
If you sign up with Cobbly Nob Rentals, their contract specifically limits them to use your unit for no more than three days per year – and they cover your costs. Plus, they only charge a 35% management fee versus RML’s current 50% rip off fee. (And 35% is still better than the recent promise to lower RML’s rip off rate in 2012.)
Here’s the snippet from Cobbly Nob’s Agreement:
Which sounds like a better deal to you?
If you would like a better property management company, if you would like more rented nights and if you would like to avoid being overcharged by RML, then click Avoid the RML Rip Off for details!
PPS: Don’t forget – if you sign up with Cobbly Nob Rentals in the next 30 days, you get a ZERO cost transfer! Call Doug Sharp’s personal cell phone at 865-548-3722 and get signed up today while this ZERO cost transfer is still available.
The Deer Ridge “board” has recently sent all owners two mailings.
Interestingly, they paid for postage and personnel time out of all of OUR money – in spite of their recently claimed decision to save owners money by only using email and postings to the GGRC website for all future correspondence to owners.
I guess panic on their part forces them to do even more dumb things.
Both of their mailings were filled with so many blatant lies, misrepresentations and “false light” propaganda, it is hard to know where to start…so, I’ve decided to break apart my responses into segments….so stay tuned for more responses in upcoming blog posts.
First, The Good News!
As a direct result of my efforts to find all owners a better rental management company deal, I have personally forced RML to lower their fees for the 62 owners that were on RML. The Gang of Six has lowered their outrageous rip off 50% management fee back down to a still above market 40%.
Like me or not, agree with me or not, this happened solely because of the deal I negotiated for all owners with Cobbly Nob Rentals. If I had not done this, I can almost guarantee that all 62 owners would have paid the 50% fee for at least all of 2012 and probably way beyond.
If your unit has gross rentals of only $10,000 a year, this means that my actions have saved you at least $1,000 for 2012.
For all 62 owners using RML, this amounts to a $62,000 aggregate savings for 2012.
The “board” likes to falsely tout that I have cost GGRC $17,000 for legal fees as a result of my trying to force them to abide by our governing documents and Tennessee state law – and their two lawsuits against me to try and shut me up. (As one owner put it: They sued me first. So they are responsible for wasting all of our money on legal fees.) Well, even if that were true that I cost GGRC $17,000 (which I did not), then this extra $62,000 that will now end up in the pockets of owners, instead of Joe Thomas’ pockets, more than offsets their wrongly claimed $17,000 cost!
RML users, you’re welcome – but there are even better savings by only paying Cobbly Nob Rentals 35% instead of 40% to RML…plus, Cobbly Nob Rentals’ track record of 50% to 60% economic occupancy is significantly higher than Joe Thomas’ abysmal 38% average economic occupancy!
All of this means that you would very likely still end up with thousands of additional dollars in YOUR bank account at the end of 2012 if you make the move to Cobbly Nob Rentals. But more about that later.
If Not For Me, How Many Years Would You Have Been Ripped Off By RML?
By the way, do you realize that RML was ripping off all owners for the same 50% management fee when I bought my unit in August 2005?
Do you realize that it was through my “bizarre” and “anti-social” behavior that I was able to effectuate change to the benefit of those owners using RML back then? Check the records, email trail and the old web site postings to verify the facts for yourselves. (“Bizarre” and “anti-social” are just two of the slanderous and libelous terms used by Luther Parker and the Gang to try and put me into a “false light.” If you notice from their mailings, Luther and the Gang try to do that to anyone and everyone who objects to the way they want to run their little fiefdom.)
What I believe that management fee history means: That Joey and the Gang of Six would NEVER have changed the RML management fee back to 60/40 from its current 50/50 rate – and would have continued to rip off RML users for at least the next five plus years.
This means that my actions to successfully break the RML monopoly could save each owner $5,000 over the next five years for a total savings for all RML owners of $310,000 more bank deposits in their bank account instead of the bank account of RML and Joe Thomas.
You are welcome.
Gee Joe, What Changed?
There is one quick corollary to this change by the board: Why were they overcharging these 62 owners by over $62,000 a year to begin with if you can now give up that overcharge so quickly and easily???
Gee, Joe, what changed in the last 100 days since you raise the rate on these folks? (By the way, you all are STILL being charged the 50% fee at least until the end of 2011.)
Did something change in the way of spectacular performance of RML to do away with RML’s annualized $120,000 in claimed losses that necessitated this change? (Note to owners: The real loss is over $150,000 a year. Click RML Real Loss for details.)
Did Joe Thomas give up his entire annual compensation and benefits so that the full $120,000 annualized RML loss would be wiped out completely? Is that why all of a sudden there was no need for continuing to rip off the RML users by the incrementally increased $62,000 a year?
Or, much more probably, did they find out that with the monopoly broken, owners were not going to choose RML once they discovered that other companies offered a much better deal!
Not A Single Penny To Me – And A Lot More Dollars To You
Joey and the Board wrongly preach that I am in some kind of partnership with Cobbly Nob Rentals. I am not.
I also had deals from other management companies but they were at 40%. Greenbrier, which recently merged with Cabin Fever in Pigeon Forge, was one company that was interested in managing Deer Ridge condos. If anyone is interested, I will be glad to forward their package to you.
Also, to again be crystal clear, I certify that I am receiving zero compensation or consideration of any kind as a result of any owner renting from Cobbly Nob Rentals or any other management company. Period.
I just want Deer Ridge Owners to make as much money for THEIR pockets as possible. The good news is that I have already succeeded with that goal…even if zero owners change to Cobbly Nob. (Last count I heard was that 11 owners had made the change or were in the process of changing to Cobbly Nob Rentals.)
Again, the good news is that even for those of you who unwisely stay with RML, you as a group are $62,000 better off in 2012 – and over $310,000 over the next five years. The better news is that you can make a whole lot MORE money by making the change to Cobbly Nob – and help us in our fight to shut down the illegitimate RML which has already lost GGRC owners $2 MILLION.
In the meantime, Merry Christmas! Enjoy the extra money in YOUR pockets!
I just got the following comment from ANOTHER Deer Ridge Owner who has chosen to give RML the required 60 day notice so that they could benefit from the deal I cut with Cobbly Nob Rentals.
I cut this deal so that all of our owners who want to rent their unit could save 43% over the outrageous and greedy rates of Ridge Management LTD (RML) that is run by Joe Thomas and the “board.”
Cobbly Nob Realty and Rentals, Inc. is also a full service real estate brokerage agency and can help you sell your Deer Ridge unit – meaning that you do not have to use Joe Thomas and the money losing Ridge Resort Realty!
This was the comment from Jim and Wanda:
Wanda spoke with Doug Sharp and she’ll relate that in a couple of lines. We terminated our agreement with Deer Ridge and got a fax response and email response (that I asked for) from Mr. Thomas to make sure it was a done deal. So come December 10 we are out of that arrangement. And now, Wanda!
I spoke to Doug Sharp on the 13th of October. He was very accommodating and graceful in answering all 17 of my questions. Doug said he would have 3 quotes on new carpet, which we think our condo needs, available for us when we come down on November 11th for a weekend stay.
In addition, he will take care of the installation and hookup for a flat screen TV as well as the carpet that we want. He even has an arrangement with an electronics business where the products are cheaper than we could get elsewhere.
The breaks he gave us for coming over were just great! His goal is to assist us in making the move as easy as possible. I am very pleased with our conversation and we are really looking forward to working with Cobbly Nob.
Thank you Robert for making this possible!
Wanda and Jim Goebel
Thanks, Wanda and Jim!
If you, too, would like a better property management company, if you would like more rented nights and if you would like to avoid being overcharged by 43% by RML, then click Avoid the RML Rip Off for details!
PPS: Don’t forget – if you sign up with Cobbly Nob Rentals in the next 30 days, you get a ZERO cost transfer! Call Doug Sharp’s personal cell phone at 865-548-3722 and get signed up today while this ZERO cost transfer is still available.
This is the comment I received from Linda Morgan today about her experience signing up with Cobbly Nob Rentals.
Linda is the first Deer Ridge Owner to take advantage of the new property management deal I negotiated with Cobbly last week.
I cut this deal so that all of our owners who want to rent their unit could save 43% over the outrageous and greedy rates of Ridge Management LTD (RML) that is run by Joe Thomas and the “board.”
However, as you will read, Linda will show you how there are a LOT of additional benefits that you will gain from firing RML in the next 30 days and signing up with Cobbly Nob Rentals.
If you are not happy for any reason with the rental company you are using, it would be so worth your time to contact Cobbly Nob Rentals’ General Manager Doug Sharp.
Robert Goodman did us the favor of choosing them, but after speaking with them just a few times, so much more has come out about their goals for us, their attitude towards owners (they feel it is our place and do not penalize us for using it) and their way of marketing our units.
Cobbly Nob is located on 321 near Deer Ridge and has always had walk-in traffic because of their location and restaurant. What I didn’t know, is that they have had requests about Deer Ridge rentals because people can see the units on the side of the hill as they are driving by and are wondering about rentals. It is an impressive sight and that is how I found it.
The major difference you have heard about is the percentage, but there is so much more to it.
Never have I spoken to anyone or any company in the rental business in that area that has had such an accommodating attitude towards the owners, as well as having the satisfaction of the guests so important to them.
When I explained that there are some times during the winter season when our road is not navigable and what would they do in that situation, Mr.Sharp said they have 4 wheel drive vehicles there at their office and drive the guests up safely and also bring them down when needed. Would that be noticeable to a guest, or would they rather have a sign saying “road closed” and no way to get thru.
If this service was ever offered by RML, I never heard of it.
Also, as with other rentals companies, Deer Ridge was always difficult to put into their rental company because of various reasons. It is the perfect time to try a company who has other units for rent and doesn’t depend on gouging only us for every little thing. Also the location is perfect for our guests and they get walk-in traffic as well and are earnest in building repeat customers. They are as happy about having the chance to work for us, as we are to have them. Have you ever heard that before?
Quite a different attitude than with the previous company. So yes, the percentage is better, but it is worth your time to contact Doug at Cobbly Nob and see what else they have to offer. Rentals and rental companies are changing in the Gatlinburg and area and it is time to go with a more updated company and their system. Deer Ridge is such a beautiful place it will be nice to get what it deserves traffic-wise.
Thank you again to Robert Goodman for qualifying this company for us all.
If you would like a better property management company, if you would like more rented nights and if you would like to avoid being overcharged by 43% by RML, then click Avoid the RML Rip Off for details!
PS: Cobbly Nob Realty and Rentals, Inc. is also a full service real estate brokerage agency and can help you sell your Deer Ridge unit – meaning that you do not have to use Joe Thomas and the money losing Ridge Resort Realty!
PPS: Don’t forget – if you sign up with Cobbly Nob Rentals in the next 30 days, you get a ZERO cost transfer! Call Doug Sharp’s personal cell phone at 865-548-3722 and get signed up today while this ZERO cost transfer is still available.
I’ve been working hard to find a better rental management company for all Deer Ridge owners.
Ever since RML raised their rental management fee to a grossly unfair 50% rate that is significantly higher than most, if not all, other management companies in the area, I’ve been determined to get everyone a better solution – at a much lower rate.
How would you like to save yourself 43% while using a better management company than RML?
After discussions with several companies, I am pleased to announce that I have successfully negotiated a deal with Doug Sharp, General Manager, Cobbly Nob Rentals, the largest rental management company in this part of Gatlinburg, to offer all owners the following terms.
(Note that I am not involved with what you do with Cobbly Nob Rentals – and I am not getting paid a nickel for any of this. I just want what is best for getting the most money into the pockets of ALL Deer Ridge Owners – not just the Gang of Six.)
Executive Summary
Save yourself 43% and earn up to an additional $4,000 to $6,000, or more, per year to deposit in YOUR bank account by renting your Deer Ridge condo through Cobbly Nob Rentals instead of continuing to use RML.
*** UPDATE: FOUR DEER RIDGE OWNERS ALREADY SIGNING UP WITH COBBLY NOB RENTALS ***
Details
I have successfully negotiated a management fee SUBSTANTIALLY less than the 50% currently being charged by RML and even a lot LESS than the old rate charged by RML! The rate is SO low, I have been asked not to quote it on this blog – but I will be glad to give you the quote by phone or by email.
All maid service and weekly security checks with walk throughs of your unit are included at NO extra cost.
If you do the math, this means that RML is taking 43% more out of each rental collection than Cobbly Nob! That means that RML will take 43% more for its management fee than Cobbly Nob – out of EVERY dollar in collected rents. Wouldn’t YOU rather have this 43% difference in YOUR bank account?
As a result of both the MUCH lower management fee AND the significantly higher economic occupancies obtained by Cobbly Nob Rentals, the average unit owner at Deer Ridge should be able to pocket up to an ADDITIONAL $4,000 to $6,000 per year. (Results may vary – but that is my best calculation so do your own!) That is an ADDITIONAL $4,000 to $6,000 per year in YOUR bank account instead of it going to RML and/or into Joe Thomas’ salary package that was raised this year by the “board.”
My guess is that it should be a “no-brainer” for almost every owner to get up to an ADDITIONAL $4,000 to $6,000, or more, per year in YOUR pocket.
Of course, there are no guarantees in life but based on Joe Thomas’abysmal average economic occupancy of only 38% per year, there may be even more upside potential for net rental income to all Deer Ridge owners by using a more effective rental management company.
Think how small, to non-existent, those rental income checks have been from RML during non-prime time months. How would you like your unit to see a LOT more use – even in the non-prime time months?
Cobbly Nob Rentals is so convinced you will see a substantial improvement in service and collections that, with this new rental agreement, you can cancel at anytime with ONE DAY notice!
Owners can use their unit whenever they want with zero penalties. No prime time use tax like RML used to charge. It is your unit to use even if you want every holiday and the entire month of October.
Cobbly Nob Rentals has been here for 34 years, is family owned and operated, is substantially bigger than RML and is more successful with their marketing. You can check out their web site by clicking Cobbly Nob Rentals.
At the top of their web page, where you see One Bedroom, Two Bedroom, etc., they will add a new major button solely dedicated to Deer Ridge rentals. They will also include other marketing on the web and via print to highlight that they now offer Deer Ridge rentals. Their ad budget is probably 3-4 times that of what is spent by RML each year. Based on what he told me his web strategy is for Deer Ridge, his ads for your property will show higher on Google than Joe Thomas will with Deerridge.com.
With Cobbly Nob’s better and larger marketing budget, those owners who are smart enough to sign up with Doug will probably see more traffic and more rented nights than those owners who blindly stay with RML.
Here’s the kicker: If you sign up with Cobbly Nob in the next 30 Days, Doug has agreed that there will be ZERO cost to you for transferring! No cost for web set up, photo shoots, or even the annual linen cost! Zero. Nada.
Sound good? Of course it does!
Offer Letter From Cobbly Nob Rentals
This is the letter I got from Doug yesterday that he wanted me to share with all Deer Ridge Owners:
You would have to be a dummy not to take this deal – especially after being gouged by RML with a grossly uncompetitive 50% management fee!
Even the “board” members should rejoice over how this benefits ALL owners – plus take this deal for their own units. (They won’t support this change. For “whatever” reason, Joe Thomas and the “board” insist on keeping the money losing RML operation in spite of it bankrupting GGRC. Their gross incompetence and gross mismanagement makes you wonder, huh?)
Actually, it is my personal opinion that this deal is SO good, that the only folks who don’t take the offer must be getting some kind of “extra” consideration and “benefits” from RML that are not available to ALL owners.
Three Quick Steps To Make The Change
I’ve worked hard to make this changeover as easy as possible for all Deer Ridge Owners. Here are the three quick and easy steps that you need to do today:
Email me for a copy of the pre-negotiated rental management agreement. Doug has asked that I not post this super deal agreement on the Internet, so just email me and I will send you a copy of the already initialed contract for you to complete (or just call Doug Sharp and get it from him.)
Review the agreement for yourself and call Doug with absolutely any questions that you may have. He can explain the details to you and help you complete the contract. Doug’s office number is 865-436-5298. (Doug just told me to have you all even call him directly on his personal cell phone at 865-548-3722 if you have ANY questions at all!) If you like what you hear and read, sign the agreement. If you don’t like what you hear and read, keep doing what you are doing and keep getting what you are getting.
If you want to change, then the last step is to print out the following sixty day notice that RML requires for you to cancel your current deal with RML. Once you print it out or copy and paste the below info – sign it, then email, fax and snail mail a copy to Joe Thomas. His fax number is 865-430-3248. His email address is manager@deerridge.com. (I strongly suggest you do all three notifications just so Joe can’t claim he never got notice!)
Here’s the wording you need to use for your 60 day notice of termination to Joe Thomas:
In accordance with Sections A-4b, F and G of the RENTAL PROGRAM PARTICIPATION AGREEMENT between the undersigned and Ridge Management Ltd., (hereinafter “RML” or “Agent”), DBA Deer Ridge Mountain Resort, I hereby provide you with this written sixty day notice of termination, with said sixty day notice commencing today.
Please return a confirmation receipt and acknowledgement of this notice of termination.
Thank you.
Unit Owner – Printed: _____________________________________
Unit Owner – Signature: ___________________________________
Unit Number: __________________________________________
While you are waiting for the required sixty day clock to tick down, Doug will immediately start taking photos and adding your unit to the Cobbly Nob website – and even start taking bookings for it, effective the day after your sixty days are up.
(Of course, you could ask Joe to waive the sixty day notice period – and being the good Christian I am sure he is, he will probably be glad to do that for you so that you could more quickly enjoy more net rental income into your pocket.)
Think about this: By the time 60 days are up, we will already be into the low demand winter months. If Doug is right, he will still be able to show you his success with significantly increased rental income in the winter months.
If you don’t like the success he shows you, with his ONE DAY cancellation, you can quit next spring and move back to RML if you really think THAT is a good idea. With this approach, there is literally ZERO downside for you taking this deal – if you make a move in the next 30 days!
Choose Who You Want – But Don’t Choose RML
I’ve worked hard to find all owners a “no brainer” deal that will be a tipping point change to the “business as usual” attitude that has cost all of us dearly over the past years.
There is NOTHING in our Master Deed and Bylaws that even authorizes GGRC to start a company like RML – let alone one that is losing over $10,000 a month out of GGRC’s bank accounts.
There is NOTHING in our Master Deed and Bylaws that requires all owners to only use one rental management company.
In spite of what Joe Thomas or Luther Parker preach, there is NOTHING that is “Deer Ridge Patriotism” about using RML. On the contrary, it just enables them to continue feeding OUR money into RML which is already in technical bankruptcy.
Our Master Deed says that each owner at Deer Ridge can use whatever means, whatever company, they want to use to rent out (or not rent out) their own condo.
There are other rental management companies in Gatlinburg and Pigeon Forge out there that want your business, too.
You are welcome to use whoever you want to go with.
One of the past businesses I started was a property management company that ultimately managed over 45,000 rental units. As a consequence, I knew what to look for and I knew what questions to ask as I sought out the best alternative that would benefit all Deer Ridge Owners. I’ve used that experience and expertise to find and negotiate the best deal possible for you and your unit.
I’ve talked with several management companies, and it is my objective opinion that Cobbly Nob Rentals is the best choice.
Doug is giving all Deer Ridge Owners GREAT incentives to move over to Cobbly Nob Rentals immediately – including offering a ZERO cost transfer IF you sign up with him in the next 30 days!
Doug has convinced me that his organization is ready to take over the rental management of between a few units to ALL units at Deer Ridge now. His organization has the immediate capacity and desire to handle all 64 units currently managed by RML plus any other owner, like us, who has not wanted to use RML.
Besides doing all that I can to help all owners at Deer Ridge net the most money possible from their rental activities, I am also motivated to get owners a more than fair deal so we can all shut down RML and save our HOA from bankruptcy from the current $10,000 a month negative cash flow Joe Thomas is losing us every month.
RML – An “Admitted” Loss of $10,000 A Month Out of GGRC’s Bank Account!
Did you read beyond the propaganda and diatribe in last month’s “board” meeting minutes? Did you see what Larry Ohm and Joe Thomas had to finally admit?
In case you missed it, here is a snapshot grab from what they sent to all owners:
Do you see that the “admitted” loss for the first six months of 2011 was $58,077.57???
That $58,077.57 is gone forever from our GGRC bank account – money that could have been held in a reserve account so no future “special assessment” would be needed.
Instead, what Larry Ohm and the “board” have proposed is that EVERYONE’S HOA fees go up by $70 a month starting next year. That is $70,560 MORE each year that they want to collect out of OUR pockets to really feed even more wasted money into the black hole called RML.
As you will see below, if we got rid of RML, we could CUT everyone’s HOA fees in HALF – instead of raising everyone’s fees by $70 a month.
That $58,077.57 RML loss, just for the first six months of 2011, amounts to almost $10,000 a MONTH that is being drained out of GGRC each and every month. That amount, annualized equals nearly $120,000 a YEAR that is being squandered by the “board” and Joe Thomas by them insisting that we continue to operate our own motel business.
Of course, that is just the “admitted” loss with Joe Thomas and the “board” doing their usual creative accounting to cost allocate expenses to GGRC financial statements that are clearly and totally related to our motel business and should properly show on RML’s financial statements.
If these financials were accurately shown, my calculations show that the RML loss would exceed $152,000 a YEAR. You can check my figures and how this number was derived by clicking The Truth Will Set You Free.
As you can see from the quote from Cobbly Nob Rentals, other, independent companies are eager to take over the rental management business for those owners who are interested in renting out their units. Companies, such as Cobbly Nob, can do this because they are big enough to have economies of scale to make the numbers work. RML, with just Deer Ridge, will always be a money losing deal for our HOA.
Do you realize that for all of calendar year 2010, GGRC collected a total of $290,580 from ALL owners at Deer Ridge for their monthly HOA fees???
Do you realize that the annualized 2011 negative cash flow of about $120,000 caused by RML’s motel business equals more than 41% of our HOA payments each month and each year are going to pay for RML’s negative cash flow???
Do you realize that the monthly and annual HOA fees paid by EVERY owner could be reduced by over 41% – just by shutting down RML???
Do you realize that if the REAL RML loss was used, that over 52% of our HOA payments each month and each year are going to pay for RML’s negative cash flow???
Do you realize this means that, without RML, everyone’s HOA fees could be cut in HALF!
Pay attention, owners!
RML’s continued negative cash flow will bankrupt our GGRC HOA if we do not shut down RML and its motel business!
Clearly, we can outsource the rental business for those owners who want it…outsource it to a company that will do a much better job, charging a MUCH lower fee and generate MUCH higher cash distributions for owners to deposit in THEIR bank accounts instead of Joe Thomas’ bank accounts.
All of these benefits AND no risk factor to GGRC – No more negative cash flow caused by us trying to stay in the motel business that squanders OUR money in GGRC!
Our HOA does NOT have to bear the huge economic risk by being in the rental management business. Each owner can choose any company they want with zero risk, zero cost and zero hassles to our GGRC HOA! And, this way, resident owners who do not use RML or any other rental management company will no longer be FORCED to pay for rental services they don’t need.
Do yourself a favor: Immediately sign up with Cobbly Nob Rentals – save yourself 43% by using a better management company than RML – and get more money in YOUR pockets and YOUR bank accounts.
Then, once enough owners have moved over, help us with our proxy fight to FORCE Joe Thomas and the “board” to immediately shut down RML and cut our HOA fees in HALF.
Thanks,
Robert Goodman
PS: Don’t forget – if you sign up with Cobbly Nob Rentals in the next 30 days, you get a ZERO cost transfer! Call Doug Sharp’s personal cell phone at 865-548-3722 and get signed up today while this ZERO cost transfer is still available.
I represent several owners at Deer Ridge Mountain Resort in the Cobbly Nob section of Gatlinburg who have asked me to look for a new condo rental company to replace their use of Ridge Management (RML.)
Note that I am not a broker and am not looking for any commission or referral fee of any kind.
I am seeking a company that is interested in offering these rental services to between 12 and 24 separate owners at a competitive rate, inclusive of maid service. This number of owners could go much higher depending on your terms and rates.
Recently, RML raised its management fee from 40% to 50% of rents collected – and many owners are outraged and interested in an immediate change.
So, with the right proposal, you may get a significantly higher portion of the 64 condos currently being managed by RML. Note that the owners’ current RML agreement requires a 60 day written notice of cancellation.
Several owners here at Deer Ridge are taking steps to force the shut down of the money losing RML operation and its negative impact on our HOA. (Annualizing their most recent accounting, Ridge Management is projected to lose over $116,000 for calendar year 2011.) With only 64 units and a few cabins, RML can’t cover its payroll and overhead. Hence, several owners are joining together to get our HOA completely out of the rental business ASAP.
If we are successful, then all 64 units may eventually have a need for a new rental management company.
But we want to start the transition with the one dozen to two dozen owners who want to change rental companies now.
By way of background, I started my own property management company and grew it to manage over 45,000 total rental units – so I understand the economics and the economies of scale involved in this business.
Based on my analysis, I would expect that each Deer Ridge unit should offer at least an annual $4,000 net income opportunity for the right management company – with most of that flowing to the bottom line for many companies that already have their fixed overhead covered.
This means approximate incremental annual income to the right rental management company of:
$48,000 a year for a dozen Deer Ridge units
$96,000 for two dozen Deer Ridge units
$144,000 a year for three dozen Deer Ridge units
$256,000 a year from all 64 potential units at Deer Ridge
My goal is to offer all Deer Ridge owners a good enough alternative deal that at least 25 of the 64 units currently managed by RML switch to the new, winning company (that’s $100,000 a year.) With the right bid, this goal could be easily surpassed.
How many of the 64 units would you like to add to your management portfolio?
I plan on reviewing all bids from interested rental management companies in the area and will personally recommend the best offer to all the owners. Again, I am not a broker and am not looking for any commission or referral fee of any kind – I am simply trying to help my fellow owners NET much more rental income on their Deer Ridge investment.
In this economy, with Park visitations down, I understand how the high fixed overhead for property management companies can have you constantly scrambling for ways to improve cash flow.
Think how much incremental cash flow you might gain from two or three dozen additional rental properties in one complex being added to your portfolio.
If this additional rental revenue stream is of interest to you and your company, or to another company you know, please click Email Me so I can review your best terms, your company brochure, your references and the actual management agreement that you would require owners to sign.
What part of Article XII of the Master Deed of GGRC, Deer Ridge Mountain Resort, is so hard to understand?
Once again Joe Thomas and the “board” have chosen to either play dumb – or more probably just say, “Screw you!” to the other owners at Deer Ridge.
Case in point:
I do not recall a vote for 75% of owners for the improvement / alteration for the replacement of the existing sliding glass door with this french doorway with digital locking mechanism that now goes into the pool area of the recreation area.
No matter what the cost or the reasonableness of the change, ANY alteration or improvement, requires both a 75% vote of ALL owners AND a 90% affirmative vote of all mortgage holders at Deer Ridge. That is the law of our regime. See for yourself:
This is on Page 16 and 17 of the GGRC Master Deed. This IS the law of OUR land.
Seriously, assuming the reader does not have a room temperature IQ, how hard is this to understand???
Once again, Joe Thomas and the “board” have refused to comply with the governing documents of Deer Ridge and have once again committed ultra vires acts in violation of their scope of duties as board members.
This adds to the already large $200,000 in other ultra vires acts Joe Thomas and the “board” have committed. When are these jokers in this Gang of Six going to stop illegitimately spending OUR money?
These guys were finally forced to have to go for the Article XII vote for the walkway railings alteration – so you know they know about this requirement and have acknowledged this knowledge by that required 75% vote.* So, Joey and the Gang can’t claim total stupidity here on the french door. I believe it is clear to God and everyone that the french door is also an “alteration.”
So, I guess we add this under the “Screw You, Owners – We Are The Board And Are In The Driver’s Seat And Will Damn Well Do What We Want No Matter Whether It Is Legal” file for upcoming litigation.
It is past time that we hold these “board” members personally financially responsible to repay to GGRC the more than $200,000 that has been illegitimately spent by this Gang of Six.
In the meantime, I invite all Deer Ridge Owners to join together to give Joe Thomas and the “board” remedial reading lessons so they finally understand what our Master Deed and Bylaws say.
* Note: The “board” did even screw up the walkway railing vote by not getting the REQUIRED 90% vote from all mortgage holders…claiming they were too stupid to understand the above yellow-highlighted section.
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.
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 two new videos for a total of 20 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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