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.
Luther Parker, and the rest of the Deer Ridge Board, are at it again.
Luther Parker is lying to all Deer Ridge owners when he fraudulently claims that RML is making a profit and supporting GGRC.
Of course, there are so many lies, distortions and other misrepresentations in the recent letter that went to all owners. Luther and the rest of the Gang of Six are trying desperately to stop the flow of more owners terminating their RML contracts and signing up with Cobbly Nob Rentals.
The focal point here on this post is “The Big Lie” that Luther, Larry Ohm and Joe Thomas repeat as a litany. Their other lies will be addressed with other posts. Luther and the Gang must be using Hitler’s Mein Kampf as their operations guide regarding RML “profitability” where they learned about “The Big Lie” – or how to use a lie so “colossal” that no one would believe that someone “could have the impudence to distort the truth so infamously.”
Let me prove to you, beyond the shadow of ANY doubt, that Luther Parker is lying to all owners at Deer Ridge about RML.
The Big Lie: RML Makes Our HOA Money
OK. Here is a snippet from Luther’s letter of November 15, 2011 about RML and other assorted lies, distortions and other misrepresentations:
Luther states, unequivocally, that “RML does not cost the HOA. In the past it funded GGRC approximately $45,000 per year.”
He goes on to state that, “The cost to operate GGRC remains the same with or without RML. HOA fees would not be cut in half.”
Really, Luther?
Luther’s statements, less than two weeks ago, indicate to me that, in my personal opinion, one or more of the following is probably true:
He is lying.
He is senile.
He is either ignorant or stupid.
He does not understand business and math well enough to read financial statements.
I personally feel like Luther’s statements have got to be based on one or more of the above choices. Let me show you why – and you can reach your own conclusion about Luther Parker.
The REAL Truth – Not Luther’s Bizarre “Truth”
OK, Luther, please pay attention this time. This is the same thing I’ve showed you before based on YOUR information. If you can stay awake long enough, maybe it will finally sink in this time – and you will stop with the repeated “Big Lie.”
If you click The Real RML Facts, you can download a packet of information that I’ve assembled for all to see, including the Judge in our litigation against Luther Parker et al:
A detailed 16.5 year history of the ACTUAL financial results for RML. (It only goes through June 30, 2011 since we have yet to get the financial results for the last half of calendar year 2011.)
The basis for EVERY number of my analysis only comes from THREE sources which are all included in the Real RML Facts Packet for your scrutiny.
One of the three sources is 10 years of AUDITED financial results for RML covering the years 2001 through 2010. All of these audits were completed by GGRC’s auditors, Hickman And Company, P.C., Certified Public Accountants.
The second source of data is from a Joe Thomas presentation at the 2005 Annual Owner’s Meeting. As we all know, Joe Thomas is the general manager around here of both GGRC and RML…oh, and the other conflict of interest position: principal broker of Ridge Resort Realty. You will see in your Packet Joe’s presentation on the performance of RML includes three sheets showing the income, expenses and net income and loss for all years from 1995 through 2004. The packet also contains the underlying worksheet prepared by Joe Thomas that was used for the fancy PowerPoint presentation. (Please ignore Joe’s headline on the PowerPoint presentation that says, “Rental Company Nine-Year Performance.” As everyone else knows, besides Joe Thomas, Years 1995 through 2004 is TEN YEARS of performance.) In spite of Joey’s inability to do simple four function arithmetic for his headline, we will take at face value that all the number in the spreadsheets were done correctly by someone else. Now, remember, all those numbers are Joe Thomas’ numbers – not mine. (I did not have the audit reports before 2001. For some reason, Joey and the board are unwilling to give me copies – but I will assume that Joe Thomas was probably not lying to owners when he prepared his 2005 Owner’s Meeting report on RML’s performance…and that the numbers for those earlier years were based on the audit numbers.)
The third, and last source of data for The Real RML Facts Packet, is from the August 2011 “board” meeting. The board minutes, as prepared by our own David Barone, quotes Larry Ohm, CPA, as stating that the combined RML loss for the first six months of 2011 equaled $58,077.57. Again, these are THEIR numbers – not mine.
All of these documents are what was handed out at annual meetings or mailed to Deer Ridge owners – and does not include any additional documents or insights that I might have been gained from the document production resulting from our current litigation against Luther Parker, Joe Thomas and the rest of the “board.”
Your Real RML Facts Packet contains copies of ALL of these documents for your review. Don’t take my word for it – verify that every number on my summary spreadsheet is accurate and taken from the three source documents.
Here’s the photo of Larry Ohm’s admission of the RML loss for the first six months of 2011:
The fact that the Gang’s motel business lost over $58,000 in six months time is scary – but the real and complete story is much worse.
So, Luther, the following is my PROOF – based on YOUR numbers – that you are lying when you made the above statements in your letter from two weeks ago.
The 16.5 Year History Of How RML Has Lost Deer Ridge Owners Over $1.9 MILLION – And Still Counting
Yep. We are really talking about a TWO MILLION DOLLAR LOSS by RML.
Let’s see what happens when we take all that information from those three sources and use THEIR numbers for all of our calculations.
PLEASE CLICK IMAGE FOR THE BIG PICTURE
You will need to click on the above image to make it big enough to get the BIG picture – and to see just how “bizarre” Luther Parker’s Big Lie has grown.
Here’s the summary from the above page so you can see the bottom line:
Even using the straight numbers from the three sources show an aggregate net loss over 16.5 years equal to $410,840. This, by itself, shows Luther Parker is lying to you.
If the $58,078 that was lost during the first half of 2011 is extrapolated, this means that Joey and the Gang will lose $116,156 of OUR money for all of 2011.
If the above 2011 extrapolation is correct, then the above $410,840 loss becomes $468,918 for the 17 years.
Luther, in case you don’t understand, if RML loses money, there are only two sources for it to get more: a bank loan and from the individual owners of Deer Ridge condos. Period. RML has a bank line of credit of about $40,000 – but it is guaranteed by OUR HOA monthly assessments. So, again, all those losses really have to get covered just from one place: out of the pockets of ALL owners – whether we use RML or not.
Luther, do you realize that RML has lost $108,047 just during the past 18 months!!!
Are you still with me, Luther? I am trying to put this in baby talk so you can follow the logic. Now, remember, Luther, all of this is from YOUR numbers!
The above numbers already prove that Luther Parker was LYING with his statements in his letter from two weeks ago. Period.
But wait – there’s more!
If you look closely at the audits and the nine, oops, ten year RML performance compiled by Joe Thomas, there are a couple of suspect line items.
One is “GGRC Assessments” that shows as income for RML. What was the source of this income? Well, the wallets of ALL Deer Ridge owners, of course! In other words, RML assessed our HOA, GGRC, in the aggregate amount of $200, 556 during that 16.5 year period. So, that increases the real loss from RML by another $200,556.
But wait – there’s more!
The other line item is “GGRC Charged – Management Fees.” This is not for managing the condos of owners. They currently charge owners a 50% management fee for that. This ”GGRC Charged – Management Fees” is what they are charging to “manage” GGRC! If you remember, this is something we can outsource to a professional HOA management company for $1,680 a month – and that includes all the accounting! This approach would have added up to less than $333,000 over 16.5 years. Click Fire Joe Thomas for the details of this bid.
Instead, Joey and the boys, chose to charge OUR HOA a whopping $1,305,538 for them to oversee and manage our tiny 84 unit complex. Again, this has nothing to do with the needs of RML and it’s own management needs – this was just another way for Joey and the Gang to gouge ALL owners to help support their motel business.
So, just like “GGRC Assessments”, the “GGRC Charged – Management Fees” shows as “income” into RML. And, just like with the ”GGRC Assessments”, every cent of it comes out of the pockets of ALL owners at Deer Ridge!
Still, with me Luther? You haven’t dozed off or had another one of those “senior moments”, have you?
The important part for you to finally get is that the “income” from ”GGRC Assessments” and “GGRC Charged – Management Fees” are bogus income items. They are not monies earned from outside tourists or cabin owners. Every cent of it has come out of the pockets of OWNERS at Deer Ridge!
What this means is that, over the past 16.5 years, all owners have lost $410,840 as a net loss, PLUS the “GGRC Charged – Management Fees” that cost ALL of us $1,304,538 PLUS the ”GGRC Assessments” that cost ALL of us another $200,556.
This equals a GRAND TOTAL LOSS CAUSED DIRECTLY BY RML = $1,915,934. And counting!
Again, Luther, all of this is from YOUR numbers. It also does not include a lot of “hidden” costs that you have wrongly misrepresented and attributed to GGRC as operating costs when, in fact, they were really RML related operating costs. These hidden amounts are massive – but have been left off this analysis until we can finally see the really books and records from ALL accounts. But, I bet you know the real truth, don’t you, Luther? I wouldn’t be surprised when all those misallocations of expenses are taken into account, that our RML motel business has cost all GGRC owners more than $3 MILLION. Is that about right, Luther?
Grand Total Loss Caused By RML Over 16.5 Years = Nearly Two MILLION Dollars In Provable Losses
Whew.
I know that was a lot for you to grasp, Luther, even with me putting it into baby talk for you. I know you need a nap – but please stay with me for just a little longer so I can tie the ribbon on it for you.
As you can see, using ONLY your numbers, it is BIZARRE how you can even lie with a straight face that, “RML does not cost the HOA. In the past it funded GGRC approximately $45,000 per year.” and ”The cost to operate GGRC remains the same with or without RML. HOA fees would not be cut in half.”
Wake up, Luther! Pay attention! Have someone explain financial statements and business to you so you can “get it” and not be embarrassed by your ongoing BIZARRE behavior that forces you to lie to all owners.
Do you realize, that the verified loss of $1,915,934 out of the pockets of ALL Deer Ridge owners means RML is losing money.
Do you understand, now?
Do you realize that if you and Joey and the rest of the board had not lost all that money, every owner at Deer Ridge could go OVER SIX YEARS without making ANY monthly HOA fee payment!
Do you realize that without this RML motel business burden that everyone’s HOA monthly fees could be cut in HALF?
If you still don’t get it, find a sixth grader to explain it to you.
That’s MY Proof – Where’s YOUR Proof, Luther?
Luther, I’ve laid out every line item of MY proof, using YOUR numbers, to show that the real loss from RML is at least $2 million…and climbing – as long as you try to keep your motel business operating out of the wallets of ALL owners.
It is not “false light” when there is proof of your lies! And, I believe you, and ALL owners, will find the above analysis to be inarguable proof of those two lies in your latest letter. (As I said, there are SO many lies by Luther and the Gang, that I have to break them apart to step through the proof like I did here.)
But, where is YOUR proof? No more arm waving allowed, Luther.
Let’s see YOUR detailed analysis that proves that “RML does not cost the HOA. In the past it funded GGRC approximately $45,000 per year.” and ”The cost to operate GGRC remains the same with or without RML. HOA fees would not be cut in half.”
Prove it, Luther.
Show all the owners why you are not the liar you appear to be.
Or, man up and admit you lied because you just didn’t understand business and how to read a financial statement – and that you have been bluffing your way through life as someone who actually knew something. Based on how badly and completely inappropriately you have misdiagnosed me as “bizarre” and “anti-social”, I have very serious doubts that you have that PhD in psychobabble that you claim.
Since you lied about RML, maybe you are lying about your own credentials – including the claim that you have some kind of doctorate – or maybe it is one of those mail order degrees.
Once And For All – ALL Owners Can Now See The Truth
Now, Luther, you and the Gang have equal access to all of this same information. You even have Larry Ohm, who claims he is a CPA, on the “board.” Most of us would expect that if you combine all six brains that are part of the Gang of Six, you all would have been able to do this same level of analysis that I’ve done.
The disturbing part is that either answer is not good for the owners at Deer Ridge.
If you all were incapable, between all six brains, to do this simple analysis, then none of you have any business running GGRC since you are obviously grossly incompetent and/or grossly negligent.
If you were capable of doing this analysis, and knew the truth, but still chose to all lie to all owners about the real cost of running your motel business, then that level of misrepresentation and misappropriation should be considered criminal in my personal opinion.
Either way – stop telling The Big Lie, Luther – and start shutting down RML immediately before it continues to lose all owners even more millions of dollars.
You, and every individual “board” member has an individual fiduciary duty to protect the assets of ALL owners.
The FACT that you are losing MORE millions of dollars by keeping us in the motel business is more proof that you all are violating that fiduciary duty with your continued gross incompetence and gross negligence.
There has been a long running list of discriminatory acts at Deer Ridge by Joe Thomas and the “board” against owners who reside full time in their own units.
The underlying cause of this is clear: The Gang of Six (Joe Thomas + Five “board” members) is doing whatever they can, irrespective of our Master Deed and Bylaws, to keep us in the motel business no matter how much it costs ALL owners to feed their huge negative cash flow. The Gang is determined to keep “Little Joe’s Notel Motel And Mountain Resort” operating – even if it drives GGRC into bankruptcy.
Since that is their main goal, any owner who does not use RML, with their rip-off rate of 50% management fees, is considered the enemy. So, their agenda seems to be to run off anyone who occupies their unit and interferes with their motel business. With RML barely hanging on by a thread, even gaining one more unit might be pivotal. Even if that means trying to force resident owners to sell in frustration from all of the harassment.
One Smoking Gun: The Board Minutes of April 2004
If you have any doubts that this RML focus is the prevailing mindset of the power elite and Joe Thomas, I invite you to click BOD Meeting 043004 to download a complete copy of the minutes from that “board” meeting. What you will find on page 3 is the following:
Maybe it is just me – but that sure looks like it is clearly the intent of the board at that time, along with its general manager Joe Thomas, to illegitimately gerrymander prospective buyers of all condos for sale at Deer Ridge.
If anything, my guess is that the Gang of Six is even more desperate now, seven years later, to get this property so every unit is a rental unit. And, by definition, if it is a resident owner unit, it cannot be a rental unit.
Notice they want to research “the legal limits” of not allowing any “future units being sold to become non-rental units.” This means to me that they don’t mind getting into some very gray areas of enforcing this issue even beyond black and white legal limits.
(Note: this should also be a major red flag if YOU are one of the 19 out of 84 units (23% of all Deer Ridge units) currently for sale through Joe Thomas and Ridge Resort Realty. Be sure and read how Joe may not have your best interests at heart and may be ignoring interested buyers who may want to be resident owners since it would negatively impact him and RML!
We believe this “gray area” beyond “the legal limits” to turn all of Deer Ridge into a “rental property only” has continued to be aggressively pursued by Joe Thomas and the Gang to this day.
Board Minutes of April 2011
During the last “board meeting” in April 2011, the Gang of Six instituted changes to the Rules and Regulations that directly discriminate against resident owners at Deer Ridge.
Notice the yellow-highlighted areas.
There is NO need whatsoever for resident owners to notify the office that they will be away overnight. This is a gross invasion of privacy and does not effect the office or its operation whatsoever. They already have an emergency number. We have lived in many condos during the past several decades and NONE of them EVER required anything of the sort by resident owners. We see this requirement as a major security issue. If the office and other personnel know that we are gone for X number of days and nights, along with the office having a key to our condo, this opens up multiple, potential opportunities for break-ins and other nefarious acts such as theft, vandalism, etc. Plus, we have documented proof of Joe Thomas and RML renting OUR unit when there was NO rental agreement whatsoever. Could it be that Joey wants this advanced notice for more of that kind of illegitimate nonsense? We see the Gang’s insistence on this as a despicable interference with our quiet enjoyment of our own home and will NOT provide them prior notice of any of our travel plans.
This parking requirement for no more than two vehicles was clearly aimed at one resident owner who happens to have two cars and three motorbikes. This owner only took up three parking spaces with all of these vehicles at one of the far ends of the property. We see this as more evidence of an ongoing pattern of discriminatory behavior against resident owners. We often see tourists here who have more than two vehicles per unit.
Note that Item 5 also says it OK for small motorcycle trailers and small RVs to be here for 14 days. Clearly, this is more discrimination. What difference is there if Tourist A is here for a week or two with the above and then Tourist B shows up with the same above vehicles, then Tourist C, etc. I think you see my point. It is OK for tourists who support RML to do things that are NOT allowed by resident owners!
Item 6 says no vehicle maintenance which means I can’t even clean my windshields or fill my windshield washer reserve without violating this far reaching and ambiguous section of the Gang of Six’s Rules and Regs? What about jump starting a dead battery? What’s interesting is that an employee had to work on their car in the parking lot during the past month. Plus, we see tourists having to work on their cars often – especially with the drop in the tourist social-economic profile during the past year (a LOT of this year’s tourists don’t use suitcases – they use trash bags for their belongings.)
Item 10 has been used against resident owners by Joey claiming that guests of owners cannot be in the pool since they are not registered RML guests. This again is clear discrimination. Joey claims that the owner must be present for owner’s guests to use the facilities. Really, Joe? What difference is there if I offer my unit to my sister to use and she wants to use the pool – versus an owner using RML and those tourists using the pool? Besides, we already have all of those non owner cabin tourists using our facilities for free, increasing wear and tear that all owners have to pay for…just so RML can stay in the motel business.
I believe all of the above clearly shows a pattern of intentional discrimination against resident owners.
But, wait! There’s more.
Future Attempted Changes To the Rules And Regs – For More Discrimination Against Resident Owners
During the same April 2011 board meeting, the minutes reflect even more onerous discrimination. This is an excerpt from those minutes:
Clearly, there are FOUR types of owners – all of whom have property rights – irrespective of the Gang’s gray area discrimination attempts to turn all of Deer Ridge into a 100% rental property for the RML motel business.
A key element of this discussion is to try and impose rules that will constrain resident owners that won’t have any real impact on the tourist trade. For example, the constraints on the use of your own balcony. This includes last year’s discussion about prohibiting even small stacks of firewood on the balconies. Obviously, tourists would not use a balcony the same way a resident owner would, including the need for firewood for more than a few nights stay.
That having been said, we see tourists leave all sorts of stuff all over the balconies where nothing is done about it. This includes firewood, coolers, boxes, wet clothes hanging over the railing, bicycles, large air mattresses, rafts, large inner tubes, etc.
These tourists rarely if ever get hassled by Joe and RML over this stuff since the average stay is only a couple of nights. The issue, like the ones mentioned above, is that Tourist A does this, then Tourist B, then Tourist C and so forth. So, for resident owners we are barraged with significantly more eye sores than Joey and the Gang want to allow for us.
Clearly, another strong indication of a pattern on ongoing discrimination.
Lastly, David Barone seems to be harping on “No Commercial or business activity..” is allowed. Many leases and HOAs have similar constraints. These have been interpreted by the courts to mean business and commercial activity that are outside of residential zoning constraints and generally mean those kinds of enterprises that have a customer on site requirement which impacts traffic and parking.
David Barone would have you think that it means that NO business activity can be carried out in any Deer Ridge unit. This would mean that you could not even make a business call or check your business email while you are at Deer Ridge. Really, David? You REALLY want to try to pursue this rabbit trail? Bring it on!
Next?
Those are just the cards that Joey and the board have shown so far as either direct or indirect attempts at discrimination and intimidation of resident owners in their ongoing efforts to keep GGRC in the motel business.
I, for one, will not tolerate anything of the kind. As a consequence, we are already looking at incorporating this ongoing pattern of discrimination into our current lawsuit against the individual board members. Part of our current lawsuit is to force us out of the motel business and to shut down the illegitimately formed RML If we need to also take immediate, legal steps to stop this discrimination until RML is shut down, we will.
It is way past time for Joe Thomas and the Gang to understand that Deer Ridge was NEVER intended to be a 100% rental property – and nothing in the Bylaws and Master Deed allow their “gray” attempts to circumvent the ruling documents of GGRC.
We’ve heard many owners tell us that they plan on making Deer Ridge their full time home when they retire. We are doing all we can to help make sure that you, too, won’t suffer this kind of ongoing resident owner discrimination.
I assume most of you already know that the “board” just had an emergency meeting – scrambling to cover GGRC’s cash flow problems produced by RML’s ongoing massive cash hemorrhage caused by us continuing to be in the motel business.
During this unannounced and secret meeting, the “board” raised the management fee from the going market rate of 40% to a whopping 50%!
This represents a 25% increase in the management fee currently being paid by Deer Ridge owners who use RML. This means that if your unit generates $10,000 a year in gross rentals, using RML will now cost you an ADDITIONAL $1,000 a year in management fees.
Hey, we all have got to somehow cover the 10% raise the “board” awarded to Joey earlier this year…irrespective that he was already being paid over THREE TIMES the going rate for his skill sets and responsibilities for this sized property in the Gatlinburg area.
By my calculations, over TWO THIRDS of the annual RML negative cash flow of $152,000 goes to pay all the approved salaries, perqs and benefits that end up in the pockets of Joe Thomas.
Another Negative Review On Trip Advisor
In spite of the raise, in spite of the triple rate pay, it is my professional opinion that Joe Thomas should be immediately fired, for cause, as a result of the many examples of gross incompetence and gross mismanagement cited throughout this web site.
Want to see what your 50% management fee gets you through RML?
Here’s a typical negative review that is the latest Deer Ridge posting on Trip Advisor:
This is just one of the bad reviews. Click Deer Ridge Reviews to see several other examples of how RML is viewed by many of the tourists who stay here.
You never hear about all of these bad reviews during the “annual meeting” or in the propaganda sent out by the office to all owners. But we hear this stuff all the time as we walk around the property.
Is this what you want tourists saying about Deer Ridge after they stay in your unit? Is this the kind of management you want for your rental property – especially when RML is overcharging you at a rate of 50% of every dollar you make with your condo?
Other Alternatives
It is my understanding that RML is continuing to charge only 40% management fee to cabin owners. I’ve even heard that they have offered some cabin owners a rate of 35% management fees.
RML has to offer these kinds of rates in the highly competitive property management business in order to compete for customers for their services.
Then, why is RML overcharging Deer Ridge owners a whopping above-market rate of 50%???
I believe it’s because Joey and the Gang think they have you locked in as a captive market – no matter how bad a job they do or how much they want to charge you.
Here’s the secret they are praying you do not discover: You DO have a choice!
There are several other property management companies in Gatlinburg and Pigeon Forge that would love to have your business – at a competitive rate.
There is NOTHING whatsoever that prevents you from using any management company you want to use for your property rental business.
We know of one owner who has already turned in their 60 day notice to RML.
Maybe, you should be the next.
Recommendation
Do NOT sign the new RML management agreement and lock yourself into a 50% management fee!
Instead, shop around and see if you can save yourself a $1,000 a year more for YOUR pockets – versus Joe Thomas’ pockets – by using another management company.
Then, let’s shut down RML, get out of the motel business and stop the horrific cash flow hemorrhage caused by Joe Thomas’ salaries, perqs and benefits.
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!
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!
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.
The lawsuit against GGRC et al is best summed up by the following on the front page of the suit:
The Defendant would show to the Court that the Complaint filed in this cause is a retaliatory effort by an illegitimately constituted board of directors to stifle legitimate criticism of the Plaintiffs in violation of the United States and Tennessee Constitutions as well as the Defendant’s rights under the Tennessee Nonprofit Corporation Act, T.C.A. §48-51-101 et seq., the Tennessee Horizontal Property Act, T.C.A. §66-27 -101 et seq. as well as the Tennessee Consumer Protection Act, T.C.A. §47-18-101 et seq.
The Lawsuit – The Executive Summary
The Executive Summary of our Counter Suit includes that:
This will be a jury trial.
All of the claims in the specious defamation lawsuit brought by the “board” be dismissed since the illegitimately constituted “board” had, and has, no authority whatsoever to bind GGRC in any action – or to waste owners’ money on a self serving lawsuit.
I get all of my legal fees and court costs paid by GGRC and / or the individual board members and Joe Thomas.
The Court certify our claim as a class action lawsuit – so that ALL current AND past 1-1 owners at Deer Ridge can be compensated for the discriminatory gross overcharges that the current and past “boards” have forced on all one bedroom owners.
The Court declare this to be a derivative action – which means that we will represent GGRC in a lawsuit against all the individuals “board” members and Joe Thomas so that THEY pay for much of these transgressions instead of GGRC – and that they get NO indemnification protection for their illegitimate actions.
We get an injunction stopping the illegitimate Asinine Assessment and forcing Joe Thomas and the “board” to turn over ALL monies to the Court that have been already collected for payments of the Asinine Assessment. That way, those funds paid by owners are protected from being squandered by Joe Thomas and the “board.”
We get a declaratory judgment that all members of the illegally constituted board be removed permanently from office.
We will unwind ALL of the decisions made by all of the current and past illegitimate boards for GGRC for the past 22 years since ALL boards have been illegitimately constituted.
A court appointed receiver take over all operations and management of GGRC and RML and until the Court is able to determine if GGRC should be dissolved – or that an untainted Board can be elected, with said new board receiving guidance from the Court enforcing the governing documents of GGRC.
RML and Ridge Resort Realty, as illegitimate entities, be dissolved and eliminated – with all assets transferred to GGRC.
The Court declares that there is no authority for GGRC to operate a rental or brokerage business and issue a permanent injunction prohibiting inclusion of any real estate rental or brokerage expenses as part of the Common Expenses.
The Court rule that GGRC and the “board” participated in the “unfair and deceptive trade practice within the meaning of the Tennessee Consumer Protection Act, T.C.A. 47-18-101, et seq. entitling the Defendant to treble damages and attorney’s fees pursuant to T. C.A 47-18-109 for willful and knowing violations of the act. In addition, the Defendant maintains these actions by the Plaintiffs are intentional, malicious and fraudulent entitling the Defendant to punitive damages.”
The Court award me compensatory damages for the illegal assessments in the amount of $1 million and punitive damages of $2 million for violations of the Tennessee Consumer Protection Act, for a total owed to me of $3 million, plus attorney fees, etc.
The Court declare that the Master Deed Percentages MUST be followed with strict compliance with respect to ALL Common Expenses and assessments, including the water and cable bill.
The Court force GGRC and Joe Thomas and all “board” members to finally abide by Tennessee state law in providing the chronological Administrators’ Book and supporting chronological vouchers, including the right to make copies of all such records.
The Court issue an injunction and declaration prohibiting and restraining the board from making any alterations or additions to the Common Elements without both the 75% vote of all owners AND the 90% vote of all mortgage holders for all units at Deer Ridge.
All six counter defendants, including Joe Thomas, be required to pay back the approximate $120,000 illegally spent by them on unapproved alterations and additions such as the picnic pavilion, pool building, maintenance building and office space. This amount will probably be increased by about $50,000 as a result of Joe Thomas and the current “board” ignoring the 90% vote requirement for all mortgage holders and proceeding, without proper authority, to replace the walkway railings that are currently under construction at Deer Ridge.
The above are my non-attorney opinions and interpretations of the $3 million lawsuit. There are other, significant nuances and major impacts to GGRC that are contained in our counter suit. I invite all owners to click Counterclaim to read the entire lawsuit and interpret the paragraphs for yourself.
Some Of The Goals Of Our Counter Suit
So, basically, if we win, our just filed lawsuit will hopefully accomplish ALL of the following:
We will do away with RML and Ridge Resort Realty as illegitimate entities and stop the $152,000 a year loss to GGRC each year.
We will force GGRC to abide by the Master Deed Percentages and stop overcharging the 30 1-1 owners by 82% each month.
We will stop the Asinine Assessment – including an injunction stopping the illegitimate filing of liens and potential foreclosure of owners’ units and any illegal interference with the use of the Common Elements.
We will unwind many, if not all, of the decisions made by ALL the illegitimate boards for the past 22 years.
We will force Joe Thomas and the “board” members to pay back all of the money squandered on unapproved projects including the current walkway railing project.
We will create a class action lawsuit for all past and present 1-1 owners who have been financially discriminated against with gross overcharges.
We will force Joe Thomas and the “board” out of power and control on this property.
We will force Joe Thomas and the “board” to finally abide by state law and provide copies of the Administrator’s Book to any and all owners.
We will keep Joe Thomas and the “board” from continuing to illegally expend major funds on unapproved projects, forcing them to personally pay back those funds to GGRC.
We will prove their defamation suit to be worthless and a waste of GGRC money.
$3 million plus legal fees will be paid back to us for the “board’s” deceptive trade practices and for some of the abuses, including the abuse of power and capricious and arbitrary decisions that Joe Thomas and all those illegitimate boards have tried to enforce for the past six years we’ve owned here.
By making this a derivative action, we hope to make GGRC the plaintiff and Joe Thomas and Luther Parker, Larry Ohm, Margie Duncan, David Barone and Tom Reise, all as individual defendants, pay most if not all of the above.
Stay tuned for a LOT more about this over the coming weeks. But I wanted to let you all know about this – and give you all a copy of the Counter Suit as quickly as possible.
Interesting Times
Be sure and watch for the upcoming post where I will show you how Joe Thomas and the “board” have been lying to you about RML being a positive cash flow company. Stay tuned for the right numbers that will show how RML is losing $152,000 a year in NEGATIVE CASH FLOW right out of ALL of our pockets!
And, speaking of numbers…all of the above does NOT include potential, additional, significant legal actions that may be required against certain individuals once we start looking over EVERY entry in the REAL Administrator’s books and records…and the front and back of every check…for the last 10 years…
“There is a Chinese curse which says ‘May he live in interesting times.’ Like it or not, we live in interesting times.” Robert Kennedy.
I recommend that you don’t send your ballot or your proxy for the upcoming “Annual Meeting” or board elections – nor even attend the “Annual Meeting!”
On the advice of my attorney, I will be doing neither.
I will NOT be voting nor will I attend the meeting this week.
I want to reserve ALL of my rights against Joe Thomas and the “board” – and I recommend that you reserve your rights too.
Reserve YOUR Rights
I recommend that all of us boycott participation in both the vote
and any attendance of the “annual meeting” this week.
Don’t limit your options or your potential claims against Joe Thomas, Luther Parker and the rest of the “board.” Notify Joe Thomas and Luther by email and / or fax that you are revoking and withdrawing any ballot or proxy you have already sent. All you have to do is send something like the following to “Joe Thomas” <manager@deerridge.com>, “Luther Parker” <parker.luther@gmail.com>, “David A. Barone” <davidbarone@optonline.net> – or to fax for Deer Ridge at: 865-430-3248
To: Joe Thomas and Luther Parker and David Barone and GGRC “Board”
Re: Immediate and Permanent Revocation and Rescission of My Ballot and/or Proxy
Effective this date, I hereby revoke and rescind any and all previously sent proxy or ballot with regard to the upcoming Deer Ridge meeting that is scheduled to be held on April 24, 2010. By this memo, I also confirm that I will not attend, nor participate in any way, at said meeting.
Please confirm receipt of this revocation in writing via email to xxxx@yyy.com
We JUST Need At Least THREE New Directors To Take Control – Are You One Of Them?
It is time to take control of the Deer Ridge Board by those who appreciate the full meaning of the following quote:
“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
All five members of the current Deer Ridge Board for Gatlinburg Golf and Racquet Club apparently fully disagree with the above quote.
Based on their collective comments at the last “Board” meeting:
NONE of them thought all of the owners were entitled to have copies of the books and records of OUR organization.
NONE of them believe their actions should be questioned or scrutinized.
NONE of them believe owners should be so “negative” as to question anything they do.
NONE of them want their secrecy detected.
Amazingly deplorable.
If you read my prior post, you saw why I believe that the current “Board” is illegitimate. I plan on pressing hard on this issue in court – hoping to have the court rule on their illegitimacy and place a court-appointed receiver in charge of GGRC under which a proper Board can be elected in accordance with the Master Deed and Bylaws.
The Ten Point Plan
Whenever we do have a PROPER election of the next Board, we are looking for at least three owners who:
Have you all noticed the timing of the Asinine Assessment?
The first payment is due March 1, 2010 with a 10% late fee if not paid when due. Firstly, this appears to be half-baked assessment without proper due diligence to begin with…but that aside, why THAT particular timing?
It seems to me that the better thing to do, especially in light of the enormity of the amount of the assessment relative to the market value of the units, would be to have waited a couple of months for the due date.
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.
The fact that the Gang’s motel business lost over $58,000 in six months time is scary – but the real and complete story is much worse.
Owner Comments