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 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.
———————————————-
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!
During the court hearing that was held on December 9, 2011, Judge Rex Ogle ruled that the parties would be required to participate in court ordered mediation.
Unfortunately, this mediation, while court ordered, is not binding. If history is any indicator, the “board” will not participate in good faith which will mean that the mediation will be a complete waste of time and money.
My strong preference would be to turn this over to binding arbitration so these matters could be cost-effectively finalized. But the “board” has no interest in this – and the judge cannot order this. So, we are stuck with probable meaningless mediation.
While we had tried to short circuit this whole process with our motions for summary judgement, the judge made it clear during the hearing that he was not going to rule on any of the issues – and he seemed relieved to find out that we had requested a jury trial. So be it.
Jury Trial
We will do what we can to expedite the mediation so that we can quickly get it out of the way – and move to set a trial date as quickly as we can - once our interrogatories and depositions of Joe Thomas, board members and current and past employees are completed.
We are actually looking forward to showing 12 jurors our proof of the multiple violations by this “board.”
We can’t wait to show how the “board” has squandered 40% of every year’s HOA fees for 16.5 years on RML’s negative cash flow.
We can’t wait to show the jury how the “board” has wasted an average of $116,000 a year, EVERY YEAR, on feeding the negative cash flow of an illegitimately formed RML for a total of nearly $2 million.
We believe that a jury of our peers will see the ongoing bias and discrimination against any owner who does not use RML.
We believe that the jury will see from the evidence that Joe Thomas and the “board” have slandered and libeled me for years, including portraying me in a “false light.”
We believe that the jury will see the self serving benefits that Joe Thomas, board members and other “insiders” have enjoyed at the expense of other owners, including the “trade out” use of units that were not owned by these insiders.
We believe that the jury will see that the strained interpretations of the Master Deed by Joey and the Gang are transparent abuses of power that ignored the requirements of our governing documents.
We believe that the jury will see the ridiculous requirements for reviewing the books and records for what they are: Intentional, multiple road blocks that are fully intended to actually keep the GGRC books and records out of the hands of owners – all an intentional and flagrant violation of the Tennessee Horizontal Property Act.
We believe that the jury will empathize and share our anger at how this “board” has arbitrarily and capriciously run Deer Ridge as their own private fiefdom for years.
We genuinely believe that 12 jurors who are all our peers will rule in our favor on all counts – and will require ALL the changes we have sought at Deer Ridge Mountain Resort – along with awarding us damages, interest and a return of all of our overcharged HOA fees and assessments.
For these, and other reasons, we very much look forward to this jury trial.
New Derivative Action Lawsuit
In addition to all of the above, we are currently preparing a new derivative action lawsuit against Joe Thomas and all individual board members.
This lawsuit will be brought by at least seven current Deer Ridge owners.
These owners will sue the Gang of Six on behalf of GGRC as a way of forcing this renegade “board” to shut down the money losing RML and force them to abide by the multitude of Master Deed and Bylaws that the “board” continues to violate. More about this derivative action lawsuit in the near future.
They Started It – We Will Finish It
As one owner stated in a posting here on this blog, “The board started this. They sued Robert first. And they are wasting all of our money for their own agenda and vendetta.”
I obviously agree – but we will do what we need to do to finish this – and finish it right.
Two Major Issues To Be Decided During December 9, 2011 Court Date
We have a scheduled court date one month from today on December 9, 2011 – that could change everything at Deer Ridge.
On May 25, 2011, I filed a motion for a partial summary judgement against GGRC and the individual “board” members in response to their lawsuit against me for non-payment of the Asinine Assessment.
My motion for partial summary judgment contends that this was a $353,500 “special assessment” that illegitimately required owners to pay the wrong amounts – and to pay for improvements that had not been properly approved.
If I win on just these two points, it will have a massive, permanent impact on the way things are done at Deer Ridge Mountain Resort.
It could mean that the special assessment may be rescinded in full by the Judge – or that everyone’s payment amount has to be recalculated – including requiring the “board” to return part or all of the payments made by some or all owners.
It could mean that the individual board members may be held personally liable to repay over $200,000 that were paid on improperly approved alterations and improvements.
If you click on the below image, you can download and read the full 17 page motion to see our major points of issue.
Why A Partial Summary Judgment?
As you can see from the motion, all we are requiring is that the Judge simply read the GGRC Master Deed and Bylaws and rule on his interpretation of these documents. There is no testimony that is needed – just an interpretation of the documents.
It is my belief that our Master Deed and Bylaws are crystal clear:
That they require a very specific formula for pro rating all assessments, both monthly and special, that are dependent on the size condo you own at Deer Ridge. It is our contention that the “board” continues to violate the governing documents for Deer Ridge by charging the wrong amounts for all monthly assessments and for any special assessments. Based on my calculations, all 30 of the owners who own a 1-1 unit at Deer Ridge are being overcharged by 82%!
That ALL improvements and alterations, irrespective of cost, require BOTH a 75% positive vote of all owners AND a 90% positive vote of all mortgagees. It is our contention that the 75% vote has been rarely done – and that the 90% has NEVER been done. If this is ruled in our favor, this means that the “board” acted ultra vires – which means that they knowingly spent a huge amount of OUR money without the proper approvals – which subjects them to potential liability to repay GGRC these monies.
All we are requesting with this motion for partial summary judgment is that the Judge read the 89 page GGRC documents and rule based on his interpretation.
Our hope is that he will quickly see that our interpretations are the only ones that make any sense – and not the contrived, illogical and stretched interpretations that the “board” has depended on for so many years.
If we lose on the motion for partial summary judgment, we have several other defenses that we will use in the trial – defenses that require evidence and testimony that are not allowed for summary judgement but are allowed in trial. However, we are highly confident that the Judge, upon reading our Master Deed and Bylaws, will rule in favor of our interpretations.
Get Ready For A “Run On The Bank” If We Win This Partial Summary Judgment On Voiding The Special Assessment
If we win just one of the two major defenses in this partial summary judgment AND win this one part of our ongoing lawsuit, it may possibly have the effect of negating the “special assessment” for everyone – especially those who push the issue in Court like we have.
The problem for the “board” is that they and Joey have already spent your money!
In our case, we already have our money – because we were smart enough to not pay it to them in the first place. For all owners who have paid, if we win even one of the two points, I would recommend that you hurry up and get in line to get your money back as soon as you can.
Note: I am NOT an attorney and do not give legal advice. Ever. Period.
However, from a business perspective, I would strongly advise you try and get your special assessment back ASAP.
You might consider taking the above 17 page document to your own attorney and have them use this as the basis of your own lawsuit against GGRC and the board for recovering your own two payments made on the “special assessment.” By using our document as a starting point, you might be able to save yourself some legal fees.
The other, derivative impact will be an immediate, required change to the monthly assessments that all owners pay to GGRC each month.
Repayment of $200,000 By Board Members As Individuals
If we win on the 90% mortgagee issue on this motion for partial summary judgement, it is my hope that this will make the individual board members personally responsible to repay the more than $92,000 (26% of the total “special assessment”) that was illegitimately spent on the walkways and lighting improvements and alterations since their actions were ultra vires.
Of course, this partial summary judgement ruling will just deal with the $92,000 of illegitimate Article XII funds that have been spent without proper authority. Based on my initial analysis of several expenditures made by the board, I calculate that all illegitimate Article XII funds spent already exceeds $200,000. These are monies that required a 75% vote of ALL owners AND the vote of 90% of ALL the mortgage holders for all mortgages at Deer Ridge.
My personal goal if we win on this 75% / 90% issue is to force the individual board members to repay ALL $200,000 back to GGRC along with interest, etc. with our derivative action part of our countersuit.
While We Are In Court – Other Motions May Also Get Decided
Since my attorney and I will already be there, we intend to present other motions before the Judge:
An emergency motion for the Court to require all monies be paid to the Court by GGRC that are supposed to be in a separate escrow account for the property insurance that equals approximately $45,000 a year. Our Master Deed requires this separate escrow account to protect all owners. Our “board” has chosen to ignore this part, and so many other parts, of our GGRC documents, with the result that they have put all owners at significant risk. By requiring the funds to be paid into the Court, these monies can be protected.
An emergency motion for the Court to appoint a receiver to take over all management and control of GGRC. The “board” continues to keep our HOA in the money losing motel business. According to their own board meeting meetings in August 2011, they were forced to admit that they lost over $58,000 of OUR money during just the first six months of 2011. This is money that is gone forever from our GGRC reserves. This amounts to almost $120,000 a year. On top of this, they are trying to fool all owners by wrongly allocating an additional $16,000 a year in RML expenses by showing them to be GGRC expenses. If all cost accounting were done properly, RML would be shown to lose over $150,000 a year – or more than HALF of our HOA fees that all owners pay to GGRC each month. I successfully found a better management company for all owners who want to rent their unit. RML charges 43% more than Cobbly Nob Rentals – so there is no need for RML by any owner. Since the “board” is unwilling to shut down RML, and continues to mismanage and negligently operate GGRC, we will immediately seek that a court appointed receiver take over all operations – and remove all decision making from Joe Thomas and every member of the “board.” If we don’t do this, GGRC is at significant risk of being forced into bankruptcy.
These are just two of the additional motions we intend to aggressively pursue in court on December 9th. Additionally, if the “board” tries to implement ANY changes to the rules and regulations regarding balcony use or the like that are discriminatory toward resident owners, we will also aggressively challenge the “board” by showing an ongoing and flagrant pattern of discrimination.
In addition to all of the above, our attorney is currently working on additional, new filings with regard to derivation action against ALL “board” members, deceptive trade practices by Joe Thomas and other actions that are anticipated in the very near future….including SIX more Deer Ridge Owners joining our lawsuit against Joe Thomas and all “board” members.
We Live In Interesting Times!
Stay tuned….we may be seeing paradigm shifts in the way things have been done for many years at Deer Ridge. And justice may start December 9, 2011.
The following is a copy of an email sent to the entire board and Joe Thomas on June 18, 2011 regarding “accusations” and the board’s evasiveness on providing direct answers regarding the Master Deed required insurance escrow account and funding. ( Click Insurance for details about this issue.)
Hey Luther, Board,
In reference to your last e-mail to me below:
Please, If there is an “Accusation” in my e-mail, Please point it out to me..
If any of the questions and / or assumptions I have made regarding the past failure to pay Workman’s Compensation Insurance premiums is incorrect or the amount of money needed from the owners to pay the settlement for the non insured, injured former employee, please let me know.
If in the past, without a formal request given 2 weeks in advance, and after signing a non disclosure agreement and only being able after all this, to view the documents on a Wednesday ….has Joe or the board ever shown any owner, any first hand proof “Original Documents” of any GGRC business. If so, please remind me….
Asking for proof of the Master Deed Guidelines “Requirements” on Insurance Payments and other important matters should not be such a formal procedure.. The Board either is, or is not escrowing for the upcoming premiums in the prescribed way, or not. For you and Joe and the rest of the board to dance around the issues is unacceptable and you should be forthright enough to answer these questions, EVEN IF you DEEM Them Trivial, Trite, and coming from a person who’s personality you do not care for.
This is no reason to avoid answering, No reason to spend THOUSANDS of our dollars to shut someone up and intimidate others…….. Just be open with the owners. Just bring all into view. Take care of business without spending owners money needlessly.
Please, just be open, be better stewards of the owners money. “Lawyer Fees,” – Are they really necessary in order to stop the questions, or is it a personal vendetta against someone whom the board and the manager view as a potential problem?
Engaging several $250.00 an Hr. lawyers could / should have been avoided by simply having had a very open discussion on these matters, so that we could have put them behind us long ago – With thousands of OUR dollars saved.
I believe GGRC, RML the board were the ones that first hired lawyers and filed law suits in all this, is that correct?
In my opinion, this all has caused a ridiculous level of Aggravation for all concerned, and at very high expense.
All of this because of the board’s unwillingness to be Transparent / Open as you had promised in the past….
Please answer these “Accusations” point by point, so as to be Clear Concise, Non Political.
Is that too much to ask ?
Thank you, Neil Blair C-208
That’s Neil’s June 18th email to Luther Parker and the board. As far as I know, here on July 5th, he has yet to receive his deserved point by point answers. And, that is why he asked me if he could make this guest post.
I personally believe that Luther Parker, Joe Thomas and the rest of the board have not answered because they don’t want to admit that they are violating yet another provision of our Master Deed by not funding the property insurance escrow account – thereby putting ALL owners at major economic risk.
As owners, what do YOU think? Post your comments below.
David Barone, Secretary of the GGRC Board of Directors, lied to you and all other owners at Deer Ridge about the status of our counterclaim $3 million lawsuit.
In the recent mailing to all owners at Deer Ridge, David Barone made the following statement in the Annual Meeting minutes on his OWN report, ”On April 26, 2011, Judge Rex Henry Ogle dismissed Robert Goodman’s counterclaim.”
This is actually a double lie: David Barone, as Secretary, was reporting on what David Barone said in the meeting. Here is the excerpt from the mailing:
This statement, marked in yellow, is a lie. Want proof?
How Many Lies Have There Been? How Many More Will They Make?
As you can see below, the Judge did NOT dismiss our counterclaim and Barone’s lie is at best a categorical and self-serving misrepresentation of the facts. At worse, it is just that much more malicious disinformation and false propaganda that is spread by the “board” in their ongoing efforts to maintain their fiefdom and to keep us in the motel business – no matter how much it is bankrupting our HOA.
To me, the David Barone lie about the dismissal of our counterclaim is on a par with the Larry Ohm, CPA and Treasurer, lie that RML is a money maker for GGRC. Please click Liar Larry for all the details about THAT lie – and how he is finally being forced to admit in front of God and everyone that RML is losing LOTS of money for ALL owners at Deer Ridge.
It kind of makes you wonder how many other statements by Larry Ohm, Luther Parker, Joe Thomas and the rest of the Gang of Six might, just maybe, be even more lies. This includes all that they say, all that they write and all that they claim are supposed to be accurate minutes of the meetings and accurate accounting. And, with David Barone being the Secretary who is supposed to accurately report all meeting minutes, it kind of makes you wonder about EVERYTHING that he writes.
You can decide for yourself…but my personal opinion about all six of them: “If their lips are moving…” and also, in this case, “If their fingers are typing…”
The REAL Status Of The Lawsuit – Part 1 – New Motion To Void The Asinine Assessment
Part 1 of the REAL status on the lawsuit is that we have JUST filed a follow up motion for a partial summary judgement against GGRC and these same individual “board” members under the SAME counterclaim.
In this instance, the new motion deals specifically with my defense for the “board’s” lawsuit against me for my complete and total non-payment of the “special assessment.”
If you click on the below image, you can download the full 17 page motion to see just how much Barone’s statement was false. Note that this is still the SAME case number!
Note the parts highlighted in yellow – showing that the file date was May 25, 2011 – nearly a month after David Barone falsely claimed that the Judge dismissed our counterclaim. Does that look like it was dismissed to you…or do you agree with me that David Barone, and probably the whole “board”, was lying to you with his rendition of the minutes?
The above is the first page of the motion for partial summary judgement in which we are defending ourselves on the “special assessment” lawsuit on two fundamental issues:
That the percentage used to calculate every one’s proper pro rata share is wrong.
That the “board” ignored the required 90% mortgagee vote requirement for all improvements and alterations.
The motion requests that the Judge review the Master Deed and Bylaws of GGRC and, based on his interpretation of these documents, void the “special assessment” and rule against GGRC on their lawsuit against me regarding my non-payment.
Get Ready For A “Run On The Bank” If We Win This Partial Summary Judgment On Voiding The Special Assessment
If we win just one of the two major defenses in this partial summary judgment AND win this one part of our ongoing lawsuit, it may probably have the effect of negating the “special assessment” for everyone – especially those who push the issue in Court like we have.
The problem for the “board” is that they and Joey have already spent your money!
In our case, we already have our money – because we were smart enough to not pay it to them in the first place. For all owners who have paid, if we win even one of the two points, I would recommend that you hurry up and get in line to get your money back as soon as you can.
Note: I am NOT an attorney and do not give legal advice ever. Period.
However, from a business perspective, I would strongly advise you try and get your special assessment back ASAP. You might consider taking the above 17 page document to your own attorney and have them use this as the basis of your own lawsuit against GGRC and the board for recovering your own two payments made on the “special assessment.” By using our document as a starting point, you might be able to save yourself some legal fees.
Better yet, and even cheaper, see the other solution below.
Repayment of $200,000 By Board Members As Individuals
If we win on the 90% mortgagee issue on this motion for partial summary judgement, it is my hope that this will make the individual board members personally responsible to repay the more than $92,000 (26% of the total “special assessment”) that was illegitimately spent on the walkways and lighting improvements and alterations since their actions were ultra vires.
Of course, this partial summary judgement ruling will just deal with the $92,000 of illegitimate Article XII funds that have been spent without proper authority. Based on my initial analysis of several expenditures made by the board, I calculate that all illegitimate Article XII funds spent already exceeds $200,000. These are monies that required a 75% vote of ALL owners AND the vote of 90% of ALL the mortgage holders for all mortgages at Deer Ridge.
My personal goal if we win on this 75% / 90% issue is to force the individual board members to repay ALL $200,000 back to GGRC along with interest, etc. with our derivative action part of our countersuit.
The REAL Status Of The Lawsuit – Part 2 – Derivative Action
The judge did not dismiss the lawsuit…but he did rule that, for the declaratory judgement part of our counterclaim, we are required to either make all owners a party to the lawsuit, ie, sue all owners, or to get 5% of the voting shares to join with us as a co-plaintiff so that we qualify as a derivative action suit…so the Judge will rule on the declaratory motions we have filed such as RML is illegitimate and squandering half of each month’s HOA fees every month for every owner.
Because of the actions and objections filed by the “board”, we don’t have any choice but to immediately have 4-7 owners join my lawsuit as co-plaintiffs to get us to a total of at least 8 votes out of the 154 available votes in GGRC in order to meet the requirements of a derivative action suit against the individual board members for their violations of the Master Deed and Bylaws and Tennessee state law.
For our derivative action part of the lawsuit, the Judge is requiring us to go ahead and document that at least 5% of the ownership is in favor of the issues we want heard in our lawsuit, e.g., to stop RML from taking half of each month’s HOA fees from EVERY owner to feed it negative cash flow and to stop them from raising every one’s HOA fees by $70 a month as proposed by Larry Ohm in the last board meeting a couple of weeks ago.
This required 5% is something, with your help, that I hope we can do ASAP.
The good news is that we already have 7 votes in hand! With ONE other owner, we get to the required 8 votes.
But this derivative action suit will ONLY work if one other owner will agree to immediately join in as a co-plaintiff.
Below is the one page document drafted by our attorney for other owners to join the litigation as a co-plaintiff so we can finally get these issues resolved. This is the same signed document we have in hand representing 7 votes by Deer Ridge owners. As you will see, there is no cost obligation to you – unless you want to consult directly with the attorney for some reason.
Do You Want To See The REAL Books And Records Of GGRC and RML?
Do you want a copy of all the GGRC and RML books and records it’s taken me nearly six years to get? Would you like to help stop RML from squandering half of our monthly HOA fees that are bankrupting GGRC?
Unfortunately, the Judge ruled in favor of Joey and the board regarding their request for a “protective order.” With the protective order in place, I won’t be able to share with other owners ANY of the books and records, email correspondence, payroll information, RML rental info or other information, unless you are a co-plaintiff by signing the above form.
On top of that, I can’t even discuss my findings with you. Even if I were, hypothetically speaking, to uncover major fraud or other malfeasance, I couldn’t tell all the Deer Ridge owners what I found. That’s what Joey and the board want with their protective order.
We hope to get the Judge to change this at a future hearing but that is the current status. I STRONGLY believe that ALL owners should have a right to see the books and records for Deer Ridge but I have to abide by the Judge’s ruling.
The important thing you should be asking yourself is WHY?
Why is it that Joey and the board have fought tooth and nail for nearly six years against providing copies of the REAL books and records to ANY owner in the format that is REQUIRED by Tennessee state law?
Why is it that Joey and the board have pushed so hard for the protective order to keep us from sharing these documents with all other Deer Ridge owners?
What are they SO afraid that owners will discover and uncover once they have complete access to copies of the REAL books and records?
Why shouldn’t YOU have a right to see the REAL books and records on your investment at Deer Ridge?
The good news is that we have figured out a legitimate, no cost, way around the games that Joey and the board have been playing to prevent you and other Deer Ridge owners from seeing the books and records.
All you have to do is complete the above form and mail or fax it to me so that you join our counterclaim as a co-plaintiff at zero cost to you.
As a co-plaintiff, you will get to see EVERYTHING that I get to see with our court ordered production of documents. We also, along with your fellow co-plaintiffs, will be able to fully discuss what we discover and uncover – and together develop the best strategies and tactics for our next steps to protect all of our investments in Deer Ridge.
If this sounds good to you, please complete the above form and fax, email or mail me the completed document TODAY. Click Contact to email me any questions your have or to get my fax number for your completed form.
Together, we can finally hold this Gang of Six accountable…stop the lies, see the REAL books and records and increase the market value of our property.
We just added a couple more domain names to our list:
DeerRidgeReviews.com
DeerRidgeMountainResortReviews.com
These are in addition to DeerRidgeCondo.com and DeerRidgeCondos.com.
All four of these domain names now forward to our new Deer Ridge Reviews Page here at DeerRidgeOwners.com. Click Reviews to see this new page.
Why Deer Ridge Mountain Resort Reviews?
Deer Ridge has been receiving a LOT of very negative reviews from disgruntled guests and tourists.
Trip Advisor, Expedia, Orbitz, Travelocity and many other travel related sites contains some very negative reviews and complaints about Deer Ridge Mountain Resort. Our goal with this article is to help get these issues resolved for the benefit of both guests and owners. I personally believe it is unethical the way that many guests are being treated by our property management company, and the way their vacations are being ruined, and hope this page will help to rectify this growing problem.
As an owner, and full time resident, at Deer Ridge Mountain Resort, we can’t help but overhear dissatisfaction from many tourists who rent condos here.
Most of the rental units here are managed by Joe Thomas who is in charge of the on site property management company, Ridge Management Ltd. – otherwise known as RML. I personally believe that the reputation of Deer Ridge is being very negatively affected by RML and its management by Joe Thomas – but I invite you to read the article, watch the videos on Youtube.com and make your own decision.
We hear a lot of these complaints from tourists and guests while we are walking the property or when we go to the office for our mail. A lot of times, husbands and wife and kids are even screaming at each other in the parking lot or on the balconies that, “They are NOT going to stay here because of…” A lot of other times, the guests are yelling at the office staff.
The reasons for all of this turmoil vary – Reviews Page shows the executive summaries of the “Top Two Dozen Complaints” we hear – and what we believe to be the root causes of the arguments and fights. Deer Ridge Reviews Page also shows the actual cut and paste from the travel sites so you can see the full review many past guests have already posted for the world to see.
Deer Ridge Walkabout Video
Also, shown below is a video also on Deer Ridge Reviews Page that shows over five dozen very recent photos of the property – so you know exactly what Deer Ridge Mountain Resort currently looks like. (We have another, more comprehensive Deer Ridge Mountain Resort Review video in the works that should be posted shortly.)
I know that many owners don’t have the opportunity to visit the property often…so this video on YouTube.com will hopefully give you, and prospective tourists, a good indication of what Deer Ridge Mountain Resort currently looks like to everyone who visits or lives here.
Robert
PS: Be sure and check out the recent video that shows the deplorable condition of Joe’s Folly – Our Pathetic Pavilion. Just click Folly.
PPS: We expect that we will be able to capture a lot of Gatlinburg tourist traffic with these new domain names along with the rapidly growing presence of our Deer Ridge Owners Channel on YouTube.com.
We want to use that newly generated traffic to help owners rent their units directly. We will be adding a special section to the Reviews Page: A listing of links or contact emails for Deer Ridge owners who want to rent their units directly and avoid paying the 40%, and other fees, to RML. Be sure and let me know what information of yours that you want to have included. There will be, of course, no charge to owners for this.
Hopefully, we will be able to greatly reduce tourist complaints about Deer Ridge by cutting RML out of the loop.
We’ve just added a new video to our Deer Ridge Owners Channel at YouTube.com. As always, you can watch in hi def and also full screen here or you can view it directly at YouTube.com by clicking the YouTube symbol on the bottom corner of the video.
The Pathetic Pavilion
This video shows the current state of the Joe’s Folly Picnic Pavilion at Deer Ridge Mountain Resort. These problems have been there for MONTHS…and it’s inexcusable state of disrepair is an embarrassment and a very bad reflection on Deer Ridge to owners, guests and tourists.
Inexcusable.
These photos were taken around Deer Ridge Mountain Resort, Gatlinburg, Tennessee, mostly on March 19, 2011.
In my opinion, what you are about to see is a dismal indication of gross mismanagement by Joe Thomas, General Manager, at Deer Ridge.
Good First Impression, Huh?
Tourists see this mismanagement every time they walk the Nature Trail or walk the property.
Tourists see this mismanagement every time they take their kids to the playground.
Is this the image of Deer Ridge that you want your guests to have when they visit or rent from you?
It’s been INEXCUSABLY like this for MONTHS.
Joe Thomas never walks the property any more?
We have 3 or 4 on site maintenance people on the payroll.
None had time during past MONTHS to have one of them fix this stuff that take less than one day?
The maintenance staff of 3 or 4 does what they are told to do by General Manager Joe Thomas.
In my opinion, I think it is clearly obvious that Joe Thomas, as General Manager, is doing a pathetic job of managing – and should be fired ASAP for gross incompetence and gross mismanagement.
Instead, the “board” just gave Joey a 10% raise.
Find Out More – Watch The Video
When you look at this video, try to imagine how this same level of management incompetent translates across the entire property – and even into your own unit.
Stay Tuned For More Upcoming Deer Ridge Mountain Resort Videos
PS: I am not an attorney and these opinions are my own. Please be sure and refer to the full disclaimer language in the side bars and the Terms of this website.
As you know from one of my recent postings, we finally have a hearing date set for my litigation against Joe Thomas, Luther Parker, Larry Ohm, Margie Duncan, David Barone and Tom Reise. Copies of all four motions that will be heard on April 26, 2011 are shown below. Click on each photo to download the entire Acrobat file for each document that has been filed with the Court.
We are covering several issues during this hearing that will be pivotal for this case that could cause a major, consequential and immediate impact to the way that Deer Ridge Mountain Resort is operated. We are asking that the judge issue an immediate ruling on his interpretation of the Deer Ridge Master Deed and Bylaws which we believe have been grossly and purposely misinterpreted by Joe Thomas and the rest of the Gang of Six.
The changes resulting from a favorable ruling could include:
The Judge’s ruling could determine, once and for all, how everyone’s monthly assessment is calculated, including HOA fees, water and cable TV bills. If we win this one point, all 30 of the 1-1 units should no longer be overcharged 82% every month on their HOA fee!
The Judge’s ruling could determine, once and for all, how much, if any, will be owed by each owner on the current “special assessment” and the right amounts that should have been charged on all prior “special assessments.”
The Judge’s ruling could determine, once and for all, whether the current charge to all owners for this year’s portion of the “special assessment” will be blocked by our motion for temporary and permenant injunction.
The Judge’s ruling could determine, once and for all, whether RML and RRR (Ridge Resort Realty) are legitmate or not…and whether they were created as ultra viresacts by “board” members, making them possibly personal liable to repay all costs associated with RML and RRR for the past several years. (My calculations show that RML alone has cost owners at least $118,000 a year…so multiply this by The Six years we’ve owned and that equates to over $700,000 that might be owed back to GGRC by the individual “board” members.)
The Judge’s ruling could determine, once and for all, that all improvements and alterations require both a positive vote by 75% of all owners AND 90% of all mortgagees. If the judge rules in our favor on this, that means that about $82,000, or 23% of the entire $353,500 Asinine Assessment were illegally spent by the “board” since they adamently refused to follow the Master Deed and Bylaws on this point, even knowing it was required. If this ruling goes in our favor, the “board” can be judged, again, to have been acting ultra vires…which means that each of the “board” members could be held jointly and severally liable for the full amount of the illegitimate expenditures.
This same ruling should make the “board” members also personally liable for all those past improvements and alterations that were done where they ignored my demands for the past 6 years to solicit the required 75% vote of all owners. These include:
Joe’s Folly – The $80,000 picnic pavillion that should have never been built.
New pool decking – $30,000
Reception area and office improvements – $25,000
Maintenance building improvements and addtions – $15,000
Chairs for weddings, etc. - $3,200
Playground equipment – $3,000
New computers and office equipment – $5,000
Vehicles, golf carts, etc. ???
Game room equipment ???
Commercial laundry room equipment for RML ???
All of these monies were spent by the board without proper authority and approval by the owners at Deer Ridge.
Some of these amounts are guesses and I am sure this list of improvements and additions is not comprehensive. But once we are finally allowed to see the real books and records as provided by Tennessee state law, we expect that we will be able to add lots more to this list and correct the numbers here.
Even without the addtions, the above list adds up to more than $161,200 that would be ultra viresviolations by the “board.”
All totalled, this could make the “board” members individually responsible to personally pay back over $940,000.
If we divide this amount by the 5 board members, that would equal $188,000 that each would be responsible to pay. However, it is my understanding that all board members are “jointly and severally” liable for this amount…which means that each board member is fully responsible for the whole amount if and when one board member or another doesn’t pay. If this happens, I can easily envision lawsuits being filed by one “board” member against another demanding that they pay their fair share of any court ordered reimbursements back to GGRC. If lawsuits between “board” members were to happen, all kinds of “smoking guns” disclosures might be uncovered.
The Other Key Motion
We also filed a Motion to Compel so that this Despicable Gang of Six is forced by the Court to finally turn over the Deer Ridge books and records.
It’s been nine months since we filed our motion for production of documents with the Court — but so far Joe Thomas and the “board” have not complied.
We have been waiting fornine months for Joe Thomas to turn over the books and records on GGRC that all owners have a right to see.
Joe Thomas keeps adamantly stating that he has properly maintained the Administrator’s Book as required by Tennessee state law. Joey keeps saying they have this information, in the right format — but they don’t seem to be able to produce it.
I wonder why?
Now, Joey and the Gang are trying to mark all of Deer Ridge’s books and records as “confidential‘ to keep us from sharing them with YOU – all past and present owners At Deer Ridge who also have a right to see and thoroughly study the books and records concerning OUR investment in our property at Deer Ridge.
They claim these books and records and the emails between the six Gang members “… may cause injury, prejudice or [particularly] embarrassment” to Joe Thomas, Luther Parker, Larry Ohm, Margie Duncan, David Baron and Tom Reise.
As our Motion states, these “embarrassing” consequences fall in the category of “sometimes the truth hurts.”
Additionally, our motion to block their “protective” order stipulates we completely agree that obvious information such as Social Security numbers, credit card numbers and the like will be treated as confidential….but NOT all the rest of the information that we will find in these documents.
We fully expect to find all kinds of “embarrassing” actions and statements, done and made, by this Gang of Six.
We fully expect to also find all kinds of other questionable activities that have been committed by these individuals.
And, we, and several other Deer Ridge owners, plan on looking VERY carefully and diligently for any and all signs of any potential civil and/or criminal malfeasance that might have, just maybe, been committed by any, or all, members of the Gang. As of now, we’ve not seen any documentation that proves malfeasance — but then again, we have yet to get the full books and records we’ve been requesting for over five years. Right now, we only have our overwhelming intuition that screams about ongoing malfeasance.
Maybe we won’t find any such malfeasance — but if we do, any and all guilty parties will suffer a whole lot more than simple “embarrassment.”
Maybe that’s why the Gang members are continuing their desperate FIVE YEAR long attempts to keep this information secret. They seem terrified their secrets are going to finally see the light of day.
We believe that’s one of the reasons that Joe Thomas and the Gang have fought so hard, for so many years, to keep this information out of the hands of the owners who deserve full visibility, full disclosure and full accountability from those who have been handling over $1 million a year on this property for a decade.
What IS it that terrifies them so much about what we will find in those books and records?
We ARE going to get to the bottom of this.
We ARE going to get access to all the books and records that Joey and the board have tried for years to keep secret.
And, we intend to do everything we can to block their motion for “protective” order — so that we can share ALL of this information with EVERY owner At Deer Ridge Mountain Resort.
Note – Temporary Injunction To Block Special Assessment Payment – Should You Pay?
Notice that Section 4 of the Motion For Summary Judgment includes wording that we “seek a temporary and permanent injunction prohibiting and restraining the Board from attempting to make any alterations or additions to the Common Elements except in compliance with the seventy-five (75%) percent and ninety (90%) percent requirements of Article XII subsection 2 set out above, including the $340,000 “Special Assessment .. currently being billed to Association members.” (The $340,000 is a typo that is being corrected to reflect the full $353,500.)
Bottom line: We believe this wording blocks any and all collection by GGRC for the “special assessment” if the judge agrees with our motion. You should be your own judge of this document and its intent and decide for yourself if you are required, in light of this pending court action, to make the currently due special assessment payment. We believe it is germaine that 23% of this special assessment is for walkway railings and lighting improvements that did not have the required 75% / 90% vote. Also, germaine is that the calculated amount for every unit does not abide by the Master Deed Percentages – which means that the amounts of all payments due from all owners would be significantly different.
This seems like two very good reasons to me that the Judge should award both a temporary and permanent injunction against this Asinine Assessment.
Lots More Info
Please check out the following links for more information on these issues – and what we hope to gain from our $3 million lawsuit against Joe Thomas, Luther Parker, Larry Ohm, Margie Duncan, David Barone and Tom Reise.
Motion For Summary Judgement & Temporary Injunction - Click For Document
Motion To Compel - Click For Document
Motion To Dismiss and Judgment on Pleadings - Click For Document
Motion For Protective Order - Click For Document
Stay Tuned!
We live in interesting times!
Tick…tick…tick.
PS: I am not an attorney and these opinions are my own. Please be sure and refer to the full disclaimer language in the side bars and the Terms of this website.
PPS: Be sure and watch this blog for upcoming news about our new domain name: HOABoardAbuse.com and our two new video channels on YouTube.com: DeerRidgeOwners.com and HOABoardAbuse.com. In-depth videos are being produced to fully explain, to all Owners and the World, exactly what is happening both at Deer Ridge and at other abusive HOA Board run properties across the Nation. These videos will be posted on both DeerRidgeOwners.com and YouTube.com.
Stay tuned – you never know what videos might go viral!
Videos on Deer Ridge Owners Litigation Coming To This Blog AND To YouTube!
I understand how complex all this litigation stuff can be to many folks. There are so many issues involved – and then you add the noise from all the spurious claims and misinformation generated by Joe Thomas and the rest of the Gang of Six – it’s no wonder that some owners here at Deer Ridge Mountain Resort get confused.
As time permits during the next few weeks, I plan on starting a series of narrated videos that will discuss:
Details of both the $1 million lawsuit against me – and my $3 million lawsuit against Joe Thomas and the “board” of Gatlinburg Golf and Racquet Club, GGRC, the HOA here at Deer Ridge. This “board” is comprised of Luther Parker, Larry Ohm, Margie Duncan, Tom Reise and David Barone.
The upcoming hearing in April on the Summary Judgment on several of our claims – and exactly what we expect to gain in the short term. This Summary Judgment, alone, could have massive, pivotal, impacts on Deer Ridge.
The ongoing litigation regarding a variety of issues where we will be seeking damages, interest and penalties. In these cases, depositions, interrogatories and testimony from the stand will be required from past and current employees of GGRC and RML to prove our case along with the same from Joe Thomas and the “board.”
RML’s “Continued Viability” as “board” member Larry Ohm described it in his letter to all owners. We plan on doing a video on this subject – including all the negative comments we are hearing from tourists who visit Deer Ridge - and all the negative reviews posted on Trip Advisor, etc. – that all point to how Deer Ridge is not a competitive motel property in the Gatlinburg / Pigeon Forge area.
Other detailed videos to better explain some of the operational and managerial issues that occur at Deer Ridge Mountain Resort.
Multiple videos on a variety of general HOA issues, abuses and injustices that are negatively impacting millions of homeowners nationwide that now live in HOA communities.
The format of the videos will probably be a combination of PowerPoint slides, photos, other video — usually accompanied with narration.
YouTube.Com
In addition to posting these videos on this blog, we have already set up a new Deer Ridge Owners account, and channel, on YouTube.com so that I can post these same videos for the entire world to see.
While the entire world may not care that much about what is happening specifically at Deer Ridge, I believe there is a huge audience for the kinds of video described above in Point 6.
HOABoardAbuse.Com
One of the many things I’ve learned from having operated this blog for DeerRidgeOwners.com for the past 17 months is that we are not alone in suffering under a board of directors that does not operate in accordance with either state law or the governing documents of our property.
I’ve received a massive amount of emails, and other communications, from owners who live in HOA communities that are run like fiefdoms – just like Deer Ridge Mountain Resort – where owner’s rights are being either ignored or trampled – or both – and worse.
I can tell you that there is a growing outcry and demand for justice from many of these HOA board-abused owners.
Many, like me, believe that it is way past time that the federal government, and individual state governments, finally get involved in overseeing and controlling these quasi-government agencies called HOAs.
As such, we now own the domain name HOABoardAbuse.com and have also set up it’s own channel on YouTube.com. Right now, the domain links back to DeerRidgeOwners.com – but we plan on developing separate content for that domain that will, hopefully, provide an effective forum for change of HOAs across the country.
I greatly dislike the idea of big government and wasted tax dollars.
However, there is SO much HOA abuse out there, nationwide, that there desperately needs to be much more government control, monitoring, oversight and punishment of out-of-control boards like we have at Deer Ridge Mountain Resort. With over 20% of the USA population now living under HOA controls of some kind, we need new laws and government agencies that can ensure that state laws like the Tennessee Horizontal Property Act are followed to the letter so that individual homeowners, like me, are not required to spend tens of thousands of dollars to get abusive HOA boards. like Deer Ridge, to do what they’re supposed to do in the first place.
Increased Visibility For A Nationwide Problem
It’s my hope that by posting all these videos, including the ones specifically about Deer Ridge Mountain Resort here in Gatlinburg, on YouTube will help ignite a nationwide movement for HOA reform and justice. Because of the growing uproar about HOA injustices across the country, it’s my hope that one or more of these videos might even go viral. The good news is: if one goes viral, it will draw a larger audience to the other videos. And even a minor viral video could generate a lot of local and national press coverage with newspapers, magazines, radio and TV picking up the story and the issues.
Additionally, each of these videos will contain links back to DeerRidgeOwners.com and HOABoardAbuse.com. This could have the effect of greatly amplifying the audience of this blog which, hopefully, will include local, state and federal officials who will finally be motivated to help solve this growing problem.
Hearing Date Finally Set For Summary Judgement And Motion To Compel Filed Against GGRC, Joe Thomas And The “Board”
We finally get this case before the Judge on April 26, 2011. This is a copy of a letter sent by our attorney to the Court:
This first court date is not for everything – but it is for some very pivotal motions and especially for a Summary Judgment on THREE issues – instead of just the two issues that we originally included in our first motion for Summary Judgment that was filed back in November:
The Master Deed Percentages must be followed – that these clearly stated ratios contained in the Master Deed must be followed for all assessments and common expenses for all owners at Deer Ridge.
Establish the Illegitimacy of RML and Ridge Resort Realty – there is no provision whatsoever in our Master Deed for owners at Deer Ridge to support and fund, and be exposed to the business risks of operating two small businesses. This is not the purpose of a real estate investment in a residential home.
Article XII of the Master Deed must be followed - it requires that the board must have both a 75% vote by homeowners AND a 90% vote by all mortgagees involved with the ownership of Deer Ridge units before any alterations, additions or improvements are made to the common elements of the property.
We have also filed Motions to Compel Joe Thomas and the “board” to finally provide us the books and records of Deer Ridge Mountain Resort in the exact format that is required by Tennessee state law.
We have also filed a Motion for Temporary Injunction to block the currently due second phase of the Asinine Assessment payment.
We believe that the Three Summary Judgment issues are clear cut interpretations of the Master Deed and Bylaws – and do not require findings of fact. As a consequence, a Summary Judgment can be pursued on these three issues.
As such, we are asking the Court to read the controlling documents of Deer Ridge Mountain Resort and rule on the spot on the proper interpretation of the GGRC controlling documents and Tennessee State Law. Since many of our claims rests solely on the proper interpretation of the master documents, there is no need for discovery, depositions or testimony for this part of our litigation. Instead, the controlling documents speak for themselves — and only require the Court to read the 90 pages of our Master Deed and Bylaws and make a ruling based on the Judge’s sole interpretation of these documents.
We are highly confident that our interpretations will prevail — and the strained, manipulated and flatly wrong interpretations that Joey and the Gang have depended on for years will be denied by the Court.
The first issue for Summary Judgment will be that the Master Deed Percentages MUST be followed for all cost allocations and assessments — instead of being based on the “arbitrary and capricious” methods that Joey and the “board” use to illegitimately overcharge all 30 1-1 units by awhopping 82% every single month!
If we win on this one point, this means EVERY assessment – including the monthly assessments and the expenses for water, cable TV, etc. - for EVERY unit has been wrongly charged for YEARS – including, of course, the amounts for the Asinine Assessment and all other past assessments.
If we win on this one point, we believe that this will have FAR reaching consequences to EVERY current owner at Deer Ridge – especially all 30 of the 1-1 unit owners who have been victimized for years.
If we win on this one point, ALL the current, and many past, 1-1 unit owners should be owed a SUBSTANTIAL amount of money refunding the gross monthly overcharges that Luther Parker amazingly stated, “were fair and equitable.”
We would expect that these 1-1 unit owners would also be awarded interest and penalties. All of these refunds, interest, penalties may also be owed to dozens, if not hundreds, of past owners, thereby making the claims against the counter defendants even more substantial.
If we win this one point during our Motion for Summary Judgment, it should stop all future violations by The Gang of Six as well as any new board from trying to circumvent the GGRC documents.
Likewise, we are asking the Court to rule that RML and RRR are illegitimate – and all the monies that have been squandered over the years supporting these companies are not admissible Common Expenses. We believe that a review of the controlling documents by the Court will quickly establish that there is NO provision in our Master Deed and Bylaws for all homeowners at Deer Ridge Mountain Resort to be subjected to the costs and risks that are inherent with starting and running small businesses.
If we win this one point, we will take expedited legal steps so that RML and RRR will be immediately shut down and disposed of by selling those companies to the highest bidder out of any and all potential buyers with the proceeds paid to those owners who were not a part of RML.
By winning this one point of Summary Judgment, we get rid of RML and RRR, and the hemorrhageof HALF our current monthly assessments will be finally stopped — and we’ll finally be out of the motel business. This one point alone will dramatically change the way GGRC and Deer Ridge Mountain Resort have been managed, or rather mismanaged, for over a decade – and allow for a MAJOR reduction in the HOA fees for most all homeowners.
Article XII of the Master Deed clearly provides that there shall be no alterations or additions to the common elements or any part thereof except as authorized by the Board of Directors and approved by not less than 75% of the total vote of co-owners AND not less than 90% of the mortgagees. First, I had to fight the Gang of Six with regard to the requirement that a 75% vote of the total co-owners was required for any alterations or addition or improvements at Deer Ridge. I finally won this point during a board meeting in which the board’s attorney, Chuck Sexton, was present. However, the Gang of Six continues to refuse to pursue the 90% vote of the mortgagees as required by our Master Deed.
If we win this one point during our Motion for Summary Judgment on April 26, we intend to aggressively and immediately pursue forcing reimbursement directly from the members of the “Board of Directors” for their ultra vires acts of illegitimately squandering over $120,000 of owners’ money…including all monies recently spent on the walkway railings. Even as recently as the vote on the walkway railings, Luther Parker and the rest of the “board” categorically refused to even pursue the required 90% vote of all mortgagees and gaveled me out of order at a board meeting to stop my insistence that the governing documents required it. If we win this one point during our Motion for Summary Judgment, it should stop all future violations by The Gang of Six as well as any new board from trying to circumvent the GGRC documents.
It will also be interesting to see what happens to the defense of Joe Thomas and the “board” by the insurance company if we are successful in proving that this Gang of Six was acting ultra vires since all indemnifications of them defined in the Master Deed and Bylaws are null and void. This would make all members of the Gang of Six jointly and severally libel and fully responsible for their own legal costs in defending themselves against our $3 million lawsuit…along with them being jointly and severally libel and fully responsible for any repayments, penalties, interest, punitive damages, etc.
These are just the first three issues for Summary Judgment. If we are successful with these, we expect to move for Summary Judgment on other fundamental interpretations of our Master Deed and Bylaws that will stop the Gang’s abuse of it power.
We believe that pursuing the Summary Judgment is in the best interest of all parties, including all homeowners, to expeditiously resolve some of the more outstanding issues regarding our litigation.
Other Ongoing Litigation
We intend to continue to pursue our litigation on all other areas of our lawsuit too…some of the other areas will entail findings of fact that will require depositions and testimony and, as a consequence, are not subject to Summary Judgment. These will require in-depth litigation and may include damages, interest and penalties, along with payment of all of our legal fees, as we continue to pursue this matter.
We expect, in the near term, to be taking the depositions and interrogatories of Joe Thomas, Luther Parker, Tom Reise, Margie Duncan and other members of the “board.” Depositions and interrogatories will probably be taken from past and current employees and past “board” members.
(I personally can’t wait to get Joe Thomas and Luther Parker and some of the other “board” members to testify under oath – and ask some very specific questions concerning their decision-making process and ask them for very detailed explanations about several entries in the books and records!)
So, all you Gang Members — get ready to give your depositions and interrogatories — and get ready to testify in Court.
Joey And the Gang Are Worried About Being ”Embarrassed”
We also filed a Motion to Compel so that this Despicable Gang of Six is forced by the Court to finally turn over the Deer Ridge books and records.
It’s been seven months since we filed our motion for production of documents with the Court — but so far Joe Thomas and the “board” have not complied.
We have been waiting forseven months for Joe Thomas to turn over the books and records on GGRC that all owners have a right to see.
Joe Thomas keeps adamantly stating that he has properly maintained the Administrator’s Book as required by Tennessee state law. Joey keeps saying they have this information, in the right format — but they don’t seem to be able to produce it.
I wonder why?
Now, Joey and the Gang are trying to mark all of Deer Ridge’s books and records as “confidential‘ to keep us from sharing them with YOU – all past and present owners At Deer Ridge who also have a right to see and thoroughly study the books and records concerning OUR investment in our property at Deer Ridge.
They claim these books and records and the emails between the six Gang members “… may cause injury, prejudice or [particularly] embarrassment” to Joe Thomas, Luther Parker, Larry Ohm, Margie Duncan, David Baron and Tom Reise.
As our Motion states, these “embarrassing” consequences fall in the category of “sometimes the truth hurts.”
Additionally, our motion to block their “protective” order stipulates we completely agree that obvious information such as Social Security numbers, credit card numbers and the like will be treated as confidential….but NOT all the rest of the information that we will find in these documents.
We fully expect to find all kinds of “embarrassing” actions and statements, done and made, by this Gang of Six.
We fully expect to also find all kinds of other questionable activities that have been committed by these individuals.
And, we, and several other Deer Ridge owners, plan on looking VERY carefully and diligently for any and all signs of any potential civil and/or criminal malfeasance that might have, just maybe, been committed by any, or all, members of the Gang. As of now, we’ve not seen any documentation that proves malfeasance — but then again, we have yet to get the full books and records we’ve been requesting for over five years. Right now, we only have our overwhelming intuition that screams about ongoing malfeasance.
Maybe we won’t find any such malfeasance — but if we do, any and all guilty parties will suffer a whole lot more than simple “embarrassment.”
Maybe that’s why the Gang members are continuing their desperate FIVE YEAR long attempts to keep this information secret. They seem terrified their secrets are going to finally see the light of day.
We believe that’s one of the reasons that Joe Thomas and the Gang have fought so hard, for so many years, to keep this information out of the hands of the owners who deserve full visibility, full disclosure and full accountability from those who have been handling over $1 million a year on this property for a decade.
What IS it that terrifies them so much about what we will find in those books and records?
We ARE going to get to the bottom of this.
We ARE going to get access to all the books and records that Joey and the board have tried for years to keep secret.
And, we intend to do everything we can to block their motion for “protective” order — so that we can share ALL of this information with EVERY owner At Deer Ridge Mountain Resort.
April 26, 2011
The Court date is set. April 26, 2011. After nearly 9 months of litigation, this will be our first hearing before the Court. We now have a fixed hearing date – less than two months from now.
If the Court agrees with us on these motions, we may be able to short circuit a lot of the Gang of Six BS and delays — and finally get rulings on these issues and effectuate major changes at Deer Ridge.
If Joey and the Gang really want quick resolution of this, they should be all in favor of getting an expedited ruling on the three issues in the Motion for Summary Judgment.
What do you want to bet that they will do EVERYTHING in their power to drag this out — and try their best to delay any ruling of any kind?
If so, that is just more proof to me that they KNOW they are NOT doing things the right way.
I will try to make the time this week to post copies of the new motions we have just filed so all of you can review them in detail.
What will be interesting will be the report that the Gang has to made at the “annual meeting” on April 30th, which is the weekend immediately following the Court date. Will they prepare two different meeting agenda and presentations – depending on what they may win or lose a few days earlier?
Resignations and “Retirement”
Also, we have overheard gossip that Joey and other members of the Gang of Six believe that they can simply walk away from being held responsible for their past acts and actions by either resigning or retiring…or even selling their unit at Deer Ridge.
Just to be clear, resignations and retirement will not absolve ANY wrongdoings by Joey and the Gang…and if we discover ANY malfeasance of ANY kind by ANY “board” member or employee, we will do everything we can to enforce ALL appropriate justice.
Stay tuned — We Live In Interesting Times!
The rulings on the upcoming Motion for Summary Judgment on April 26, 2011, along with our other motions, could end up drastically changing the current way virtually everything is done at Deer Ridge Mountain Resort. Plus, once we finally get the books and records on this property….well, we fully expect to find all sorts of “interesting” facts about actions and monies paid that might not have been in the best interests of ALL owners.
Hey Joey and the Gang…less than two months until our Court date….when, as Galatians 5:1 sort of states, ”Deer Ridge Owners shall know the truth, and the truth shall set us free.” Of course, the freedom of The Gang of Six might depend on what we find once we finally get to see the books and records!
Tick…tick…tick.
PS: I am not an attorney and these opinions are my own. Please be sure and refer to the full disclaimer language in the side bars and the Terms of this website.
PPS: Be sure and watch this blog for upcoming news about our new domain name: HOABoardAbuse.com and our two new video channels on YouTube.com: DeerRidgeOwners.com and HOABoardAbuse.com. In-depth videos are being produced to fully explain, to all Owners and the World, exactly what is happening both at Deer Ridge and at other abusive HOA Board run properties across the Nation. These videos will be posted on both DeerRidgeOwners.com and YouTube.com.
Stay tuned – you never know what videos might go viral!
As you know, it is my personal opinion that neither Joe Thomas nor the “Board” at Deer Ridge Mountain Resort are trustworthy. I personally consider them totally unethical too.
Want Some Proof?
Of course, all of the above is my personal opinion. But let me show you some recent court documents that might convince you.
The illegitimate “board” at Deer Ridge had threatened to file suit against me and others who objected to, and did not pay, the equally illegitimate ”special assessment.”
Our attorney notified Chuck Sexton, attorney for GGRC, that we had filed a $3 million countersuit against GGRC, Joe Thomas and each individual “board” member. He made it clear to Sexton that there was a prior pending suit. Sexton acknowledged the suit during a phone call with our attorney who then followed it up with a June 17th letter to Sexton (see copy of letter below.)
In spite of this knowledge, and Sexton’s specific agreement to not pursue the July 12th hearing for judgement against me, the Despicable Gang of Six went ahead and got a summary judgement against me on July 12th for $2,230!
Note that this was almost a full month AFTER notifying Sexton. Talk about untrustworthy and unethical!
“Gee, We Didn’t Know The Gun Was Loaded…”
This breach of ethics was discovered by me on August 2nd when I went to the courthouse and requested a full history on all the litigation between me and Joey and the “board.” (See copy of Court Docket Summary below.) Needless to say, I was surprised, though I shouldn’t have been, that the Gang of Six had done something THIS unethical. Neither I nor my attorney had showed up for the July 12th hearing since Chuck Sexton had assured us that the issue would be dropped due to the precedence of our $3 million lawsuit.
We had believed Chuck Sexton – but clearly shouldn’t have.
When Sexton was confronted regarding this issue, his claim was that this was just an “accident” and should not have happened.
HOWEVER, if you notice on that same Court Docket Summary below, they ALSO had filed a writ of execution to attach my bank accounts for payment of this illegitimate judgement on July 26th – two weeks AFTER the default judgement.
In spite of what Sexton said, this kind of writ of execution does NOT happen by “accident!”
To me, this is clear evidence of Joey and the “board” unethically attempting to grab money out of my bank account with an illegitimate judgement.
We are considering sactions, and other legal recourse, as a consequence of these reprehensible actions by GGRC et al.
Joey And “Board” FORCED To Set Aside The Judgement Against Me
The following court documents show how Joey and the Boardwere forced to set aside their entire judgement against me and that our countersuit against them has taken complete precedence over any claims that they may think they have against me.
This time Joey and the “board” were stopped.
If you are also being sued by these people who are illegitimately manipulating GGRC, I invite you to join in our $3 million lawsuit against them. This way, you may be able to probably gain the same level of protection from their lawsuit against you that I have.
The bigger point to all Deer Ridge Owners: If Joe Thomas and the ”board” are THIS untrustworthy on something as clear as this – then what actions and decisions, just maybe, might be going on by them that are at least as unethical as their actions have been with this illegitimately attempted judgement?
The other issue: All of that work by Sexton on behalf of the Gang of Six cost GGRC, and ALL owners, more money for legal fees. And, every bit of OUR money spent on this was wasted by Joey and the Gang.
Are these the guys that you REALLY want handling a MILLION DOLLARS A YEAR of our money at Deer Ridge?
Documentation Proof
The below court documents are the written proof on the above allegations, statements and opinions. (Just click the small thumbnail image to get the BIG picture.) As always, all of the above is just my personal opinion. Please see the left sidebar for the full disclaimer.
Also, let me know what you think by posting your own comment below.
As of today, we have filed our first request for documents as part of our response to the $1 million lawsuit brought by GGRC and the Gang of Six and the $3 million lawsuit I have filed against GGRC, and individually against Joe Thomas, Luther Parker, Larry Ohm, Tom Riese, David Barone and Margie Duncan.
As you can see by clicking each of the pages, we are finally going to get the documents that ALL Deer Ridge Owners should be able to easily get from their home owners’ association. This Request For Documents includes the following requirements of Joe Thomas and the rest of the Gang of Six:
You are requested to produce and make available for inspection and copying all bank account information pertaining to any and all bank accounts of Gatlinburg Golf And Racquet Club Condominium Association, Inc. CGGRC“) for the past ten years, including without limitation bank statements, check registers and all cancelled checks.
You are requested to produce and make available for inspection and copying all bank account information pertaining to any and all bank accounts of Ridge Management LTD., Inc. (“RML“) for the past ten years, including without limitation bank statements,check registers and all cancelled checks.
You are requested to produce and make available for inspection and copying all bank account information pertaining to any and all bank accounts of Gatlinburg Golf And Racquet Club Condominium Association, Inc., d/b/a Ridge Resort Realty (“RRR”) for the past ten years, including without limitation bank statements, check registers and all cancelled checks.
Note that all of the above also requires them to give us a copy of the front AND back of every check.
You are requested to produce for inspection and copying the book required by 1″. C.A. §66-27 -113 of the Tennessee Horizontal Property Act providing that the Association ” … shall keep a book with a detailed account, in chronological order, of the receipts and expenditures affecting the building and its administration and specifying the maintenance and repair expenses of the common elements and any other expenses incurred. Both the book and the vouchers accrediting the entries made thereon shall be available for examination by all co-owners at convenient hours on working days that shall be set and be announced for general knowledge” (emphasis supplied and the Defendant Counterclaimant does respectfully insist that the book and the supporting vouchers be provided inchronological order as required by the statute).
In addition to the above, we are also requiring:
The individual Counterdefendants Joseph Thomas, Luther Parker, Thomas Reise, Larry Ohm, David Barone and Margie Duncan are hereby requested to produce all correspondence, memoranda, or written communication of any type or nature, including any electronically stored/transmitted information such as: (i) e-mails, to or from one another pertaining in any way to GGRC, RML, or RRR, and ii) to third persons/entitles pertaining in any way to GGRC, RML, or RRR.
The Truth Shall Set You Free
It is my understanding we have a right to this information as owners without the need of a lawsuit….but this Gang of Six has done everything they can to try and block owners from accessing this state law required disclosure. Now, the Court will FORCE them to give us these documents or to be held in Contempt of Court.
Once we have them, we will make copies available to all owners at Deer Ridge. With several sets of eyes pouring over these documents, we should be able to uncover any malfeasance that may have occurred.
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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