Mediation

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.

Stay tuned!

What part of Article XII of the Master Deed of GGRC, Deer Ridge Mountain Resort, is so hard to understand?

Once again Joe Thomas and the “board” have chosen to either play dumb – or more probably just say, “Screw you!” to the other owners at Deer Ridge.

Case in point:

I do not recall a vote for 75% of owners for the improvement / alteration for the replacement of the existing sliding glass door with this french doorway with digital locking mechanism that now goes into the pool area of the recreation area.

No matter what the cost or the reasonableness of the change, ANY alteration or improvement, requires both a 75% vote of ALL owners AND a 90% affirmative vote of all mortgage holders at Deer Ridge.  That is the law of our regime.  See for yourself:

This is on Page 16 and 17 of the GGRC Master Deed. This IS the law of OUR land.

Seriously, assuming the reader does not have a room temperature IQ, how hard is this to understand???

Once again, Joe Thomas and the “board” have refused to comply with the governing documents of Deer Ridge and have once again committed ultra vires acts in violation of their scope of duties as board members.

This adds to the already large $200,000 in other ultra vires acts Joe Thomas and the “board” have committed.  When are these jokers in this Gang of Six going to stop illegitimately spending OUR money?

These guys were finally forced to have to go for the Article XII vote for the walkway railings alteration – so you know they know about this requirement and have acknowledged this knowledge by that required 75% vote.*  So, Joey and the Gang can’t claim total stupidity here on the french door.  I believe it is clear to God and everyone that the french door is also an “alteration.”

So, I guess we add this under the “Screw You, Owners – We Are The Board And Are In The Driver’s Seat And Will Damn Well Do What We Want No Matter Whether It Is Legal” file for upcoming litigation.

It is past time that we hold these “board” members personally financially responsible to repay to GGRC the more than $200,000 that has been illegitimately spent by this Gang of Six.

In the meantime, I invite all Deer Ridge Owners to join together to give Joe Thomas and the “board” remedial reading lessons so they finally understand what our Master Deed and Bylaws say.

*  Note:  The “board” did even screw up the walkway railing vote by not getting the REQUIRED 90% vote from all mortgage holders…claiming they were too stupid to understand the above yellow-highlighted section.

::: FLASH NEWS :::

Six additional Deer Ridge owners have joined as co-plaintiffs in the $3 million lawsuit that was previously filed against general manager Joe Thomas and all five current “board” members Luther Parker, Larry Ohm, David Barone, Margie Duncan and Tom Reise.

Other Deer Ridge owners are expected to also become co-plaintiffs in the coming weeks as opposition continues to grow against:

1. The illegitimate stonewalling by the board at blocking all access to the Administrator’s Book that is required by the Tennessee Horizontal Property Act.
2. The gross mismanagement of the property and GGRC that makes our $400- $500 monthly HOA fees the highest per sq ft in the entire area and making our condos unsaleable – this is even before the probable $70 a month increase that may be implemented this November.
3. The gross negligence at forcing our HOA to remain in the motel business in spite of massive, real losses that have cost GGRC and ALL owners millions of dollars over the past decades.
4. The contemptuous violations of both Tennessee state law and the governing documents of our HOA including the board members’ illegitimate ultra vires expenditures exceeding $200,000.
5. The ongoing 82%, monthly HOA fee overcharge of all 1-1 owners.

If you, as an owner at Deer Ridge, object to these five points, you should also join other owners as a co-plaintiff to stop this HOA Board Abuse.  See details below.

The David Barone Lie

In the minutes of the recent board meeting and annual meeting, David Barone lied to all owners when he claimed that the Judge dismissed our lawsuit against GGRC, Joe Thomas and all the individual board members.

The judge did NOT dismiss the lawsuit…but he did rule that we were required to either make all owners a party to the lawsuit, i.e., sue all owners, or to get 5% of the voting shares to join with us as a co-plaintiff so that we would qualify as a derivative action suit…once this was done, the Judge indicated that he would rule on the declaratory motions for summary judgment that we have filed.  These include our request for a ruling that RML is illegitimate and squandering half of each month’s HOA fees every month for every owner and, as such, should be immediately shut down or sold.

Because of the actions and objections filed by the “board”, we didn’t have any choice but to immediately have more 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.

The Derivative Action Against All Board Members

During the court hearing on April 26, 2011, the Judge postponed hearing on our motions for summary judgment until such time that we were able to show that at least 5% of the owners at Deer Ridge were parties to the lawsuit.

With our current and growing list of other owners willing to stand up and be counted against the HOA Board Abuse that has been going on for years at Deer Ridge, we now meet and exceed this judicial requirement.

We already have 11 votes – and the list is growing.  With this 11 votes, we already have more votes than we need.

The Magnificent Seven

There are now SEVEN Deer Ridge owners that will be suing Joe Thomas and the rest of the Gang of Six.

This Gang can no longer continue their propaganda of misinformation that there is just one “crackpot” out of all the owners who objects to the way things are done.  There are now seven “crackpots” who recognize that the ONLY way things will ever improve at Deer Ridge is to get rid of RML, get out of the motel business that is bankrupting GGRC, get rid of the current “board” and find board members who are willing to abide by Tennessee state law and the GGRC Master Deed and Bylaws.

The “Magnificent Seven” – the seven current co-plaintiffs represent nearly 11 votes or more than 7% of the voting constituency of GGRC and, as such, exceed the required 5% needed to pursue the derivative action against all board members, individually.

As such, we plan on amending our motions to immediately and aggressively continue our pursuit of our current motions for summary judgment as part of our derivative action.

Did You Want To FINALLY See The REAL GGRC Books and Records?

Did you want a copy of all the GGRC and RML books and records it’s taken me six years to get?

Well, good luck with that if you try to do it yourself.

Joey and the Board, in their ongoing attempts to block owner access to the REAL books and records, got the Judge to temporarily agree to a protective order. (The harder the Gang of Six resists releasing the state required Administrator’s Book, the more suspicious it is about what they are trying so desperately to hide.)

With the protective order, you as an owner at Deer Ridge still won’t be able to see ANY of the books and records, email correspondence, payroll information and other information about your property, your investment or your HOA that I am able to uncover with my lawsuit.  As of now, I won’t be able to even talk about it here on this blog.

We expect to file a new motion to allow us to release this information to all owners – but for right now, Joey and the Gang are doing all they can to make sure other owners can’t see what we are forcing them to show us.

(This should be a HUGE red flag to ALL owners that something is NOT right at Deer Ridge with its books and records.)

However, there is ONE way for YOU to get around the Gang’s protective order:  Join with us as a co-plaintiff in the lawsuit.

As a co-plaintiff with us in our lawsuit against Joe Thomas, Luther Parker, Larry Ohm, David Barone, Margie Duncan and Tom Reise, you will get to see EVERYTHING that I get to see with our court ordered production of documents.

Remember, it is these six individuals posing as board members who are explicitly and deliberately blocking YOU from your rights to see these documents and the books and records on YOUR investment at Deer Ridge.

Don’t tolerate the injustices of the Gang of Six.  Become a Magnificent Co-Plaintiff with the seven of us – and gain FULL access to ALL the documents and books and records of Deer Ridge.

If you are a Magnificent Co-Plaintiff, there is nothing that the Gang of Six can do to stop you.

Become Magnificent Too – Join The Seven As A Co-Plaintiff To Fight The Gang of Six

Would you like to help stop RML from squandering half of our monthly HOA fee?

Would you like to be able to finally see the REAL books and records of Deer Ridge?

Just click Co-Plaintiff – or the image to the right – to download the one page document drafted by our attorney to join the litigation as a co-plaintiff so we can finally get these critical Deer Ridge issues resolved. As you will see, there is no cost obligation to you – unless you want to consult directly with the attorney for some reason.

If this sounds good to you, please complete the form and fax, email or mail me the completed document. Also, if you know of any other owners who would be willing to sign the attached, please forward it to them.

Together, we can finally hold this Gang of Six individually accountable for their multitude of illegitimate violations of our Master Deed and Bylaws – stop the massive negative cash flow from being in the motel business – and keep this Gang of Six from forcing GGRC into bankruptcy.

According to the current Ridge Resort Realty web page, Larry Ohm, CPA, Treasurer and “board” member is selling his Deer Ridge condo:

Makes You Wonder

Kind of makes you wonder why Larry is selling now?

Maybe it is for personal reasons such as a divorce or personal financial problems or something else.  But could it be that, as Treasurer, he sees the abyss that Deer Ridge is headed for because of the stupid decisions the “board” has made to keep us in the motel business as RML huge real negative cash flows rape and bankrupt our HOA?

Could it be that he sees the progress we are making with the lawsuits in our claims against the individual “board” members for all of their hundreds of thousands of dollars of ultra vires expenditures for which the board members may be held personally libel for repayment?  Of could it be that he is very concerned about the smoking guns that may come to light once we have the REAL books and records?

Kind of makes you wonder, huh?

Whatever the reasons, this action makes him a lame duck board member since he will have to immediately resign his board membership upon the sale of his unit.  Since he is now, by definition,  a “short termer,” I am personally worried that he will push for short term, and short sighted, solutions and answers to the many Deer Ridge issues and problems – jeopardizing our property’s future for expediency until he can get the hell out of Dodge.

You Can Run – But You Can’t Hide

Larry, just so you know, we WILL continue to pursue our claims in our lawsuit against you, individually – whether you sell your unit or not.

Just to be clear, so far the only thing we have seen is what I believe to be clear cut ultra vires acts as a result of you and the rest of the board approving alterations and improvements totaling more than $200,000 in violation of our Master Deed and Bylaws.  We will have to see if the Court agrees with us about that – and anything else we may find from our ongoing due diligence that we may bring before the Court.

If the Court’s rulings on our lawsuit concerning you come down in our favor, we expect to hold you personally accountable for your past actions – and inactions – including any ultra vires acts or any and all malfeasance the Court finds.

David Barone Lied To You

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.

Check Out Our Deer Ridge Owners YouTube Channel!

We are currently up to 18 videos that we’ve posted on our DeerRidgeOwners Channel… and are adding more videos every week.  Click DeerRidgeOwners Channel to see what’s new!

Unfortunately, we were thwarted by procedural issues yesterday during our court hearing on our lawsuit against GGRC and the Board of Directors and Joe Thomas. These procedural issues had to do with our pursuit of a class action and a derivative action claim regarding our case – and had absolutely nothing to do with the merits and claims in our case.

Those merits and claims were not even heard yesterday.

We expect to modify and/or amend our lawsuit to solve these procedural issues so that the judge can finally hear arguments on the merits of our multiple claims about the way that GGRC is illegitimately and illegally managed.

Judge Rules We DO Have A Right To COPIES Of ALL Books And Records

One point that was made crystal clear by the judge at the hearing yesterday was that I, as an owner, clearly and absolutely deserve COPIES of all books and records related to GGRC, RML and Ridge Resort Realty.

Our immediate focus will be on finally getting a copy of the “Admin Book” which is the chronological books and records in the format that is required by Tennessee state law. As far as I know, this will be the first time any owner has seen these books and records in the right format – ever!

We believe this is a massive win for the benefit of all owners at Deer Ridge. We intend to perform a forensic audit of every line item in the administrator’s book. Once that’s completed, we expect to issue detailed sworn interrogatories from Joe Thomas and the entire board with specific and explicit questions we will have as a result of our forensic audit. We expect those sworn answers to the interrogatories, and the follow up depositions, to be very revealing with all kinds of potential consequences.

We are going to start with the Admin Book before we get bogged down on reviewing a lot of other documents – with a couple of exceptions.

Besides immediately pursuing our copies of the Admin Book, we intend to review all e-mails between all members of the board and also those of Joe Thomas.

We will also request, for immediate review, a few more documents that are required to be maintained by the GGRC Master Deed:

The Mortgage Book

Firstly, according to Article XIII of the Bylaws, entitled “Mortgages”, the Board of Directors shall maintain a book entitled, “Mortgagees of Condominium Units” which is required to list all mortgage activity and amounts for every unit at Deer Ridge Mountain Resort since the property regime was formed.

Since this mandatory book is necessary for all votes required in Article XII of the Bylaws, we will demand that Joe Thomas and the board provide a copy of this document to me immediately. We request that this document includes all mortgagee changes from January 2005 through the present day.

Insurance Escrow Account

Secondly, I am highly concerned about the economic viability of GGRC in light of RML’s huge $152,000 negative annual cash flow. With that concern in mind, I am highly concerned that Joe Thomas and the Board of Directors have been negligent with regard to Article X of the Master Deed.

Article X, entitled “Insurance”, provides in Section 3 that all owners are to pay a separate check for their pro rata share of the Common Expense for insurance so that it can be deposited into a separate trust account.

I am highly concerned that there has never been any requirement of any kind by Joe Thomas and the board for any owner to abide by this requirement since my purchase in 2005. I am further concerned that all owners at Deer Ridge are not being afforded the economic protection provided by Article X Section 3 of the Master Deed. I believe there may not be any separate escrow account established and properly funded in accordance with Section 3 of Article X.

Since the annual insurance premium is substantive at approximately $55,000, my calculations show that approximately $4,583 should be escrowed each month and the amount of the account balance should be sufficient to pay the annual $55,000 sixty days prior to the due date as required by the Master Deed.

Proof Of Protection For ALL Owners Against A Lapse In Insurance Coverage

It is critical for ALL owners that we have sufficient funds to pay our property insurance annual payment when it is due – and not risk ANY potential lapse in coverage that could very detrimentally affect us all.

By way of verifying that Joe Thomas and the board have properly abided by the Master Deed on these issues, I, will be IMMEDIATELY requesting the following be provided to me, in accordance with the Tennessee Horizontal Property Act:

• A copy of the current, and most recent three years, annual insurance policy cover page, showing due date of insurance premium, coverage and coverage dates.
• A copy of the current and past 24 months of bank statements for the separate escrow account that is required to be maintained for the insurance payment.
• Since I am also concerned that Joe Thomas and the board have fulfilled their commitment and promise to maintain a separate escrow account for the “special assessment”, I also request a copy of the current and past 15 months of bank statements for the separate escrow account that is required for the “special assessment.”

By my count, this should only require copying fewer than a hundred pages.

Assuming that Joe Thomas and the board have, in fact, properly abided by The Master Deed and Bylaws, I would assume there would be no problem in immediately providing these relevant and reasonable requests for information on my investment at Deer Ridge.

Even More Violations By Joe Thomas And The Board?

It will be interesting to see if these documents and accounts exist – or, more expectantly, are yet again even more violations of our Master Deed and Bylaws by Joe Thomas and the board.  If these documents and accounts don’t exist in their proper format, it is my opinion that this, by itself, is sufficient reason to fire Joe Thomas and the entire board for “cause” for gross negligence and gross incompetence.

What’s Your Experience With These Documents?

As to whether these documents and accounts exist, let me ask all owners:

• Have YOU ever written a separate check to the Insurance escrow account as required by our Master Deed?
• Have YOU ever given GGRC a copy of YOUR mortgage?

If your answer is NO, then I think we probably already know the answers as to whether Joe Thomas and the board have been violating yet MORE parts of the governing documents for Deer Ridge Mountain Resort.

Stay tuned – we live in interesting times!

New YouTube Video Added

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. 

Summary Judgment And Temporary Injunction

 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 vires acts 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 vires violations 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 for nine 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.

• Date Set For Summary Judgement And Motion To Compel Filed Against GGRC, Joe Thomas And Board 
• Videos on Deer Ridge Owners Litigation Coming To This Blog AND To YouTube!
•  HALF Of Your Annual Deer Ridge HOA Fees Pay To Support RML’s Negative Cash Flow 
• Deer Ridge Board – You Better Learn A New Latin Term – Ultra Vires
• How To Fire Joe Thomas And Save GGRC Tens Of Thousands $$$ Each Year
• Independent Legal Opinion: GGRC Board Guilty Of Numerous Violations / $353,500 Assessment Is Null And Void

Copies Of Motions Filed with the Court

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:

1. 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.
2. 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.
3. 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.”
4. 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.
5. Other detailed videos to better explain some of the operational and managerial issues that occur at Deer Ridge Mountain Resort.
6. 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.

News Flash:

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:  

1. 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.
2. 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.
3. 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.
4. 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.
5. 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 a whopping 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 hemorrhage of 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 for seven 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:

1. This will be a jury trial.
2. 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.
3. I get all of my legal fees and court costs paid by GGRC and / or the individual board members and Joe Thomas.
4. 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.
5. 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.
6. 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.”
7. We get a declaratory judgment that all members of the illegally constituted board be removed permanently from office.
8. 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.
9. 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.
10. RML and Ridge Resort Realty, as illegitimate entities, be dissolved and eliminated – with all assets transferred to GGRC.
11. 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.
12. 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.”
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.

The next few months at Deer Ridge Mountain Resort are guaranteed to be “interesting times” for many.Stay tuned for more interesting times!

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

John and Jane Smith, Unit ZZZ

Note also, that according to the “board”, if you have not paid your assessment, you cannot vote anyway – so revoking any ballot or proxy maintains your rights as I understand them from the attorney’s opinion – without you giving anything up.

Also, please email me or fax me what you send to them – that way, I have a record of your revocation and rescission so they can’t “cook” the books and rig the votes.

The “Annual Meeting” Issue

As readers of this Blog know, my contention is that the Master Deed and Bylaws of Deer Ridge REQUIRE that our Annual Meeting be held during the first calendar quarter of the year, i.e., January – March.  Instead, Deer Ridge has held the “annual meeting” in April for years.

The problem, of course, is that the April get together, by definition, can’t be THE Annual Meeting.  One of the issues is that the Board is REQUIRED to be elected DURING the Annual Meeting.

1. Hence, if there is some kind of “board” election in April, it can’t be for the REAL Board of Directors.
2. Hence, those who claim to be the Board are NOT the board – and have ZERO power to do anything, control anything or decide anything.
3. Hence, the special assessment and a whole lot more things happening at Deer Ridge are being done completely illegitimately.

The Attorney’s Opinion

This was the comment that was in the independent attorney’s legal opinion with regard to the “Annual Meeting” and the illegitimate board.

I personally have not been to the last three “Annual Meetings” nor, as I recall,  have I voted in the last two or three meetings by proxy.  I, for certain, did not vote in the last meeting.

Hence, for me, the current “board” is NOT a valid board.  Likewise, I refuse to even superficially validate the upcoming meeting since even it was not legitimately called by a valid board.

The 1988 “Vote”

Based on some recent information we’ve received, the “board” has been scurrying around like rats, exposed to light, trying to cover this issue.  They are going to claim that some vote was held in 1988 that approved this move of the annual meeting to April.  They have now, apparently, even filed this vote “of record” on the Sevier County deed records.

I understand that the “board” and their attorney Chuck Sexton saw the “light” and agreed that I was right about the annual meetings being REQUIRED in the first calendar quarter.   I also understand that they very recently recorded the “vote” from this 1988 amendment changing the date of the annual meeting – but that does NOT validate the current “board” or its actions – even if there is the back up proof of a tallied vote showing the required 67% agreement to change the Bylaws.  And, our upcoming litigation will challenge the validity of this TWENTY TWO YEAR OLD VOTE.  If it is ruled to be an invalid vote, then the meeting this week will probably be deemed to be equally invalid as all of the past meetings.

So, you want to reserve your rights, accordingly.

Note that Article XX of the Bylaws requires that “No such amendment may be operative UNTIL it is embodied in a recorded instrument which shall be recorded in the same office and in the same manner as was the Master Deed and original By-Laws and Exhibits of the Horizontal Property Regime.”

Since Joey, Chuck and the boys have just recently seen the light and PERHAPS properly recorded this vague vote, this means that the current “board” is STILL not a duly authorized and elected board of GGRC et al.  Which means that they are powerless.  Period.

As I see it, it is also an admission of guilt by Joey and the “board” that they were NOT right all these past years – and that they are GUILTY of at least gross negligence and gross incompetence to have let it go this long – especially since I have been bringing up this issue for years.  By scrambling like they are to record a 22 year old vote, they are admitting that it was NOT done, or NOT done right.  If it wasn’t done right, then they are NOT the board.

The fact they are trying to cover their collective asses NOW, tells me that I was RIGHT in my assertions again – and they KNOW they are exposed as a result.  The fact they are trying to use a 22 YEAR old nebulous vote for ratification shows that are afraid to even bring it up for a NEW vote!

Why The “No” To Voting?

If Joey and the Boys have actually now recorded this questionable and very suspect Twenty Two Year Old Vote, it may mean that the upcoming meeting MAY BE the first real Annual Meeting in 22 years.

As such, I expect that Chuck Sexton and the “board” will have a flood of issues to vote on during the April Meeting this week as a way for them to try and cover their collective asses and clean up the aggregate legal messes their gross negligence has caused.   As such, if owners send proxies to these folks without thinking, this illegitimate “board” will abuse those proxies by voting on a myriad of issues to lock themselves into position for a continuation of their historical “abuse of power.”

Are you sure you want to give them a Carte Blanche by sending them your proxy?

If you have already sent your proxy, then fax or email a WRITTEN revocation of that proxy NOW…and demand a written acknowledgment from Joey that your proxy is null and void.

The second reason not to vote or send a proxy:  It may very well mean that they will not have a quorum for either the meeting or the board election – which means that they will not be able to bulldoze their cover their ass votes through for approval.

In past years, they have had to scramble to even get enough proxies and ballots to hold an election.  I know of at least one recent board meeting where there was not enough proxies or owners present to have a quorum – so no vote of members could be held.

Right now, the same old power clique “board” members who have been abusing their powers are running again for the three board seats.  The two non-”board” members who are running – one can’t actually run now since he is not paying his illegitimate special assessment and he is revoking his vote and proxy – the other one mistakenly believes that only RML users have any rights at Deer Ridge – and appears to want non-RML users to be blocked from even serving on the Board – even though the Deer Ridge Documents do not allow this kind of discrimination.

In my opinion, the better alternative is NO voting / NO proxy – so that everyone can preserve their legal rights and recourse.

As always, make your own decisions – but I do ask that you pause to consider these issues.

Alternative Meeting?

Instead of THEIR meeting, I suggest that if any of you would like to meet with me and other like-minded folks next weekend, we can set up a special time to discuss what is really happening with Deer Ridge and the lawsuit.

Independent Legal Opinion:   GGRC “Board” Guilty Of Numerous Violations / $353,500 Assessment Is Null And Void

The following is a copy of an email sent to Luther Parker, other “board” members and Joe Thomas on February 18, 2010 describing the legal findings of a real estate law firm concerning Gatlinburg Golf and Racquet Club – GGRC – and its subsidiaries RML and Ridge Resort Realty.

The findings of the law firm will probably change EVERYTHING about the way Deer Ridge is operated and managed.

Luther and the Board:

As I mentioned during the Special Meeting of February 6, 2010, I had personally hired a Knoxville-based real estate law firm to review many of the major conflicts and issues that have arisen between myself (and other owners) versus the Board, Joe Thomas and the decisions and policies you have been attempting to implement.

My instructions to the law firm, Howard and Howard ( www.howardhowardlaw.com/ ) and Senior Partner Lewis Howard, Jr. were to objectively and candidly evaluate these issues with the goal of determining the legal validity and the merits of our pursuing a lawsuit against GGRC and/or the individuals who make up the current board along with Joe Thomas, the general manager.  This firm does not currently represent us for any pending litigation – but may be hired should we move forward.

The full legal opinion I received from them is attached to this email – with each and every part shown and discussed below – with my comments for each section.  Note:  I am not an attorney and do not practice law – so these are my interpretations of the sections of the attorney’s letter – trying to convey the realistic meaning from the necessary legalese.

Executive Summary Of Attorney’s Findings

For those who prefer to start with an executive summary, here are the bottom line findings by the attorney with regard to GGRC and the actions of the “Board” and Joe Thomas:

• You are REQUIRED to charge all owners ONLY in accordance with the Master Deed Percentages for everything:  monthly assessments, water, cable TV, etc.   This means no more 82% overcharge to all 1-1 owners.
• You are REQUIRED to provide all owners with COPIES of everything they request including invoices, check stubs, bids, etc.
• You are REQUIRED to get BOTH the 75% positive vote by owners AND the 90% positive vote by mortgage holders of all condo loans at Deer Ridge.  Therefore, ANY monies you spend on walkway ramps will be your personal responsibility to pay.
• You are NOT allowed to ever have ANY special assessments – hence, the Asinine Assessment of $353,500 is NULL and VOID.  No owners are required to fund a penny of this money – and any monies received MUST be returned to those owners who have already paid.
• You and other board members are going to be liable to repay ALL overcharges to both current and past 1-1 owners, along with interest.  (This means you will be required to pay us back over $10,000 in our case – and more or less the same to other 1-1 owners – past AND present.)
• RML and Ridge Resort Realty are NOT legitimate – and must pay back every penny of GGRC’s money ever used for them – and these companies must be expeditiously sold.
• All “annual meetings” held in April are not official Annual Meetings – hence, all decisions, and votes made, INCLUDING board member elections, are NULL and VOID.  This means that Luther Parker and every other member of the “board” are, in fact, NOT members of the Board and have no power whatsoever including setting assessments, making special assessments, setting rules and regulations, agreeing to any contracts about anything, etc.  We will sue to have a special master appointed by the court.
• No board member or committee member may receive ANY compensation INCLUDING reimbursements for travel, meals, maid service, free storage or special remodeling of board member’s OR committee member’s units.  When we do our review of the books and records, we are going to add up every penny that has ever been paid and individually sue each of you for the full and complete reimbursement of all of this money.
• The entire current “board” has committed multiple ultra vires acts that were outside the scope of authority granted you by the Master Deed and Bylaws even if you were a legitimate board.  As such, these acts show gross negligence on your part and on the part of your “unified board that speaks with one voice.”   As noted in the attorney’s answer to Question 12, these illegitimate acts of yours are actionable with all monies recoverable from you and all other “board members” and Joe Thomas personally – probably on a “joint and several” basis. That means we are going to go after the FULL amount for each illegitimate act from you and each of the board members until we collect EVERY penny that was spent on decisions that were outside the scope of authority.  Based on my prior blog postings, I have already identified over $120,000 that has been spent without the proper Article XII approvals.

Those are pretty much the highlights – and as you can see, most of the above will have a MASSIVE impact on GGRC, RML, Ridge Resort Realty and each member of the “board” personally.  It will also rightfully put $10,000, more or less, back into the pockets of all PAST AND PRESENT 1-1 owners who join with us in the lawsuit against those responsible for our gross overcharge of fees.

The above issues are the way things SHOULD have been done all along – and we WILL hold those accountable who have capriciously and arbitrarily chosen to ignore the controlling documents of Deer Ridge and GGRC Regime.

You all will NOT be able to claim ignorance on these issues – all of these issues have been brought to your attention multiple times over multiple years.

What Say You Luther?

You are hereby put on notice to immediately resolve all of the above issues.

If you do not, one of our expected remedies will be to file a derivative action suit on behalf of GGRC naming each of you, individually, as defendants in that lawsuit.  This particular lawsuit will allow us to recover funds from all of you, individually, and require that the entire board be fired, with cause, for gross negligence.  And, since this will be GGRC suing you, none of you will be able to use any past or current attorney who has represented GGRC.

Another legal action we intend to take will be to immediately gain an injunction blocking the special assessments and inter-pleading any and all funds already received to a court controlled account.  Another legal action we intend to take will be a declaratory judgment suit over the above interpretations of the Master Deed and Bylaws.

Another legal action we intend to take will be for multiple past and current 1-1 owners, such as myself, to sue the board members, individually, for the 82% overcharge of all costs going back for years.  Other, additional litigation is planned as needed.  Bear in mind that we intend to also sue each of you for full recovery of all of our legal and court costs – and since it is fairly apparent we will win the issues, we expect to win on the legal fee recovery too.

Discovery motions will be immediately made that will require GGRC to turn over COPIES of ALL books and records related to GGRC and RML, et al.

So, Luther, are you going to continue to try to self-servingly block full and complete implementation of all of the above issues – or do you want to save everyone time, hassle and money by settling all of these issues here and now before we take the next steps?  If you attempt to delay the above by squandering GGRC money for legal fees to protect yourself and other board members and Joe Thomas, you will be held accountable for this waste of money also.

You have THREE DAYS to satisfactorily respond to this email before I move forward with the necessary steps to accomplish all of the above.  This process will start with a postal mailing to all owners, providing them with a copy of the attorney’s letter, advising them that they should not make any assessment payments and asking for them to join with me as co-plaintiffs against you and the rest of the “board.”

So, what say you, Luther?  How do you want to get to the inevitable Point B?

The Attorney Letter – And Analysis

The following dissects the letter from the attorney with snapshots of each part of the entire document.

This first image shows the law firm, date, attorney and that it deals with GGRC issues.  The letter responds to 13 sets of questions I posed with regard to Deer Ridge and the operation and management of GGRC, the property and with regard to RML.

This point discusses that all owners have a right to COPIES of all the books and records.  Wanting to make sure it was even more clear, I received the following email from the attorney:

This makes it crystal clear that ALL owners have a right to COPIES of books and records related in any way to GGRC.  Period.

Bear in mind that as soon as we file any of our planned litigation, we WILL produce a motion for discovery FORCING you to turn over COPIES of all of these documents.

Also, bear in mind, Luther, if we have to litigate this and go for a declaratory judgment, you will most certainly lose on this point.  This should not even be a point of issue with a Board that was open, transparent and honest.

So, based on the above, are you and the Board going to continue to interfere with the owners have their legal rights to copies of the GGRC et al books and records?

Luther, this is the crux of most of the intolerable abuse of power by Joe Thomas and the Board.  You all have claimed reliance on these two sections to blatantly ignore the requirements of the Master Deed and Bylaws.  As you can see, the attorney is saying exactly the same thing I have been telling you – Article III, Section 9(c) does NOT let you get away with your “arbitrary and capricious reallocation of ownership in the common elements or the common expenses.”  Likewise, the same thing for Article V – which means you cannot simply charge the same amount to all unit sizes for any of the expenses.

Luther, ALL allocations and common expenses, including the HOA fees, the water, cable TV, telephone, etc. MUST be charged in accordance with the Master Deed Percentages.  Period.  You all do NOT have a choice.  You all CANNOT be arbitrary and capricious. You MUST abide by the Master Deed Percentages.  This should not even be a point of issue with a Board that was open, transparent and honest.  So, based on the above, are you and the Board going to continue to be arbitrary and capricious – or are you going to IMMEDIATAELY adjust all costs to reflect the Master Deed Percentages?

Point 3 relates to your statement in the November budget meeting that, “an 82% over charge to the 30 1-1 owners was ‘fair and equitable.’”

Clearly, it is NOT.

So, based on the above, are you and the Board going to continue to be arbitrary and capricious – or are you going to IMMEDIATELY adjust all costs to reflect the Master Deed Percentages – and stop overcharging all 30 1-1 owners by 82%?

Uh oh.  Trouble in River City for the Board.  Could it be that special assessments are NOT authorized whatsoever???  See the interesting details below.

As you can see, all of those overcharges you guys have made for years can be recouped by me and all the other victims of your “arbitrary and capricious” wrongly calculated assessments.  For me, that adds up to over $10,000 and I want all my money back with at least interest.  It doesn’t look like I can get monetary damages – at least on this point – though it may depend on what type of litigation we pursue.

NOTE:  All 1-1 owners now, and in the past, will have a CLAIM for the board’s arbitrary and capricious overcharges – to get back your money and interest and probably legal fees to sue them!  If you want to join with me as a co-plaintiff, please email me ASAP!

Here is a BIGGIE – RML and Ridge Resort Realty are NOT legitimate, just as I have claimed for years.  RML was illegally formed by the board in 1987 with zero vote of the owners for one thing – but even beyond that point, it is NOT an appropriate use of any funds as described above.

We expect to file a derivative action suit, as GGRC, against you, individually, and all the board members and Joe Thomas, individually, to force the IMMEDIATE divestiture of both RML and Ridge Resort Realty and for reimbursements of any and all costs associated in any way with the formation and operation of these two illegitimate companies.

I personally want every penny of MY money back that was ever spent in any way to support RML and Ridge Resort Realty.

If you would like me, with my 15 plus years of real estate experience to help with the quick and IMMEDIATE divestiture of these companies, please let me know.

As I have claimed, all Annual Meetings held in April are NOT Annual Meetings as defined by the Master Deed.  And, since the Master Deed REQUIRES that the Board of Directors is ONLY elected at the Annual Meeting, you, Luther Parker, and the rest of this current “Board” were NOT properly elected and any and all decisions made by you all are null and void and without effect.  As such, I intend to file suit to have the Court appoint a Special Master to oversee all operations of GGRC and the immediate divestiture of both RML and Ridge Resort Realty.

Now, if you really hurry, since this is February 18th, you COULD get a quick 30 day notice out to all owners moving the April “Annual Meeting” to the first quarter as required by the Master Deed.  That would allow for the proper election of the new board without the need for a court-appointed Master.  However, if you wait or still try to hold the “Annual Meeting” in April, and I am successful with my point of law, this means that the Master would be running GGRC until the first quarter of NEXT YEAR.

So, what say you Luther?  Are you going to quickly try to abide by the controlling documents of our Regime – or are you going to toss it all into the court appointed Master’s hands?

There are SEVERAL very interesting parts to the attorney’s response to this Question 8.

First of all, just to be clear to Tom Reise – you guys are NOT in the “driver’s seat” and you cannot simply ignore the provisions of Article XII REQUIRING you to get the 90% vote of the mortgage holders of all condo units at Deer Ridge!   If you all proceed in ANY way with the demolition or construction of your aluminum walkway railings, you will be in direct violation of the Master Deed.  Period.  You have been WARNED.

The second interesting concept here is the one mentioned in one of my recent blog postings:  ultra vires acts.  I warned you all in that posting that you had each better talk with your individual attorneys because ANYTHING you do, or HAVE ALREADY DONE, that are outside the scope of authority granted you by the Master Deed and Bylaws, subjects EACH of you personally to be grossly negligent.  This means that you will NOT be able to rely on the D and O insurance to protect you, nor to use legal counsel of GGRC to defend you.

It also means that some owners, me included of course, can name you all individually in a derivative action suit.    You all need to really understand how a derivative action suit works – since that means we can sue each of you, on behalf of GGRC as our plaintiff.  Now, that sounds interesting.  And, it means that all the owners would get paid back from your pockets – not from GGRC’s bank account.  For me, that will be most fitting – considering the long term abuse of power that has existed at Deer Ridge.

Now, are you SURE you want to start spending YOUR money replacing those walkway railings?

Alas, this was the one point that did not YET go our way.   We are still investigating ways to get this one to happen too, but we may have to wait until we replace three of the current board members.  We also expect that Tennessee and other states will follow Nevada’s lead in REQUIRING all HOA board meetings be digitally recorded.

Now, things get very interesting.

NOTE TO ALL – BASED ON INDEPENDENT LEGAL OPINION,
IT LOOKS LIKE NO ONE IS REQUIRED TO FUND ANY PART
OF THE $353,500 ASSESSMENT!

That felt good to say.  This part was so amazing that I even went back to the attorney and asked for clarity.   He assured me saying he stands by this answer.  What this means folks is that the board, even if they were properly elected – which this one is NOT – can never do a special assessment.  They can only raise the monthly fees to properly build a reserve fund (the monies that were in the reserve fund as recently as three years ago have seemingly disappeared – probably in covering the negative cash flow from operations of RML.)

Additionally, even if it had been legal, the Board’s unwillingness to provide us copies of all the records tied to this Asinine Assessment would have invalidated the assessment.

If you would like to join with me in blocking your upcoming assessment, please let me know ASAP.  We intend on filing an injunction against GGRC and the Board from even attempting to enforce this assessment until full resolution of our lawsuit(s).

Clearly, the “Board” has not acted fairly and equitably with regard to me, or other full time owners at Deer Ridge.  Stay tuned for a LOT more about this.

Luther, we believe that there will be a massive amount of evidence that will show that you and the other “board” members and Joe Thomas have repeatedly committed ultra vires acts that were outside the scope of authority granted you by the Master Deed and Bylaws.  As such, these acts will hopefully show gross negligence on your part and on the part of your “unified board that speaks with one voice.”   As noted in the attorney’s answer to Question 12, these illegitimate acts of yours are actionable with all monies recoverable from you and all other “board members” and Joe Thomas personally – probably on a “joint and several” basis.

That means we are going to go after the FULL amount for each illegitimate act from you and each of the board members until we collect EVERY penny that was spent on decisions that were outside the scope of authority.  Based on my prior blog postings, I have already identified over $120,000 that has been spent without the proper Article XII approvals.  I am sure as we dig into the records, we will discover a LOT more.  Would you like to write us a check for the full $120,000?  Or, would you rather have Margie or David pay all of that for you?

This Question 13 answer is pretty crystal clear Luther.  No one gets a penny for serving on the Board.  This means NO reimbursement for anything including travel, meals, maid service, free storage or special remodeling of board member’s OR committee member’s units.  When we do our review of the books and records, we are going to add up every penny that has ever been paid and individually sue each of you for the full and complete reimbursement of all of this money.

For example, let’s talk about Margie since she seems to have been on the Board for years.   If she got $300 per meeting for travel and attended 5 meetings a year, which is $1,500.  Let’s assume other stuff added up to another $500 a year for a total of $2,000 a year in illegitimate benefits.  If she had gotten these ill gotten gains for say 10 years, this means that Margie will immediately owe us $20,000.

If this same amount was paid out to ALL board members and some committee members, the total amount that could be owned back could exceed $200,000.  That’s almost enough to get all the work done at Deer Ridge that REALLY needs to be done.

Of course, my personal intuition is that she and other board members have received a LOT more quid pro quo that will have to be paid back – but we will see.

Have You Noticed A Trend Here?

I assume you have noticed that I have been spot on RIGHT on everything I have been saying for years on my blog – and that your vilification, slander and libel contained in your diatribe letter you recently mailed to all owners was obviously full of lies and disinformation as a way to attempt to falsely discredit me.  This objective legal opinion validates virtually EVERYTHING I have been saying for years.  And, if need be, we will take the board members to court to prove it with finality.

I, along with many other owners, are sick and tired of the board’s “arbitrary and capricious ways” of illegitimately running GGRC and Deer Ridge – and I continue to be highly motivated to resolve these issues once and for all so that this property is finally properly governed by its Master Deed and Bylaws.

Luther, if you want these matters settled, you have three days.  The clock is already ticking.

Govern yourself accordingly.

Robert
A-202

As I noted in my post, Deer Ridge Board Abuse Of Power Continues – Vote For Walkways Improperly Done, Joe Thomas and the Board have continued their abuse of power.

As the previous post says, the Board is REQUIRED to gain the approval of at least 90% of the mortgage holders of all loans on all condos at Deer Ridge.  Not only have they not done this, they categorically REFUSE to do it.  As a result, this vote is invalidated and will probably be a point of issue with the upcoming litigation.

We will press hard to, in fact, hold each member of the board personally liable for any and all monies spent on the railing alteration since they knowingly chose to blatantly ignore this provision.

“We Are In The Driver’s Seat – And Will Do What We Want To Do.”

That is a direct quote by one of your Board members, Tom Reise.  In other words, Tom, speaking for the whole board, is telling all the owners that they hold all the power…and they can choose to ignore anything they want to – and to hell with the controlling documents for Deer Ridge and the rights of the owners to control what happens to their property and to their investment.

Even Their Minutes Are False

The totally controlled GGRC blog that does not even allow any owners to comment reported the minutes of the meeting on the Walkway Railings vote.  However, true to form, their manipulated minutes do not even mention the prolonged discussion I raised on the 90% requirement – even though there was a discussion about this for at least 1o minutes before the meeting was hurriedly ended.

This is yet an other example of how the owners are NOT hearing the truth, the whole truth and nothing but the truth from the Board.  We need to have the audio recordings of all board meetings made public so that this kind of manipulation of the proceedings can never happen again.

Board – You Better Learn A New Latin Term – Ultra Vires

Joey and the Board:  If you plan on proceeding forward with the Railing replacements without the REQUIRED 90% vote by mortgage holders, you are in direct violation of the governing documents for GGRC and will be held, jointly and severally, personally liable for every dollar spent.  You can be sure that we will pursue your ultra vires violations in any and all litigation regarding Deer Ridge.

You are hereby officially put on notice – and I strongly recommend you talk with your personal attorneys so they can explain this risk to you.

Ultra Vires

Directors have limited powers and may not take actions outside the authority granted to them by the governing documents or by board approval. An “ultra vires” act is one performed without legal authority; something done by a director which is beyond the scope of the director’s powers.

When that happens, each and every one of the board members will NOT be covered by the association’s insurance and will be held personally liable for his/her acts.  Any contracts are voidable but the board, and especially the president, may be personally liable for any damages suffered by the home owners association.

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.

Gross Negligence

Any expenditures not in compliance with this provision would be ultra vires acts outside the scope of authority of the Board of Directors and arguably would amount to gross negligence.  (You better have your attorneys explain what gross negligence could mean with regard to GGRC and the rights of its 84 owners.)

The unit owners, as members of the association, would have standing to pursue a derivative action on behalf of the association to recover those funds from the directors making such expenditures.

Board:  This Applies To ALL Your Decisions That Do Not Comply With The Documents

Nota Bene:  This concept of your expenditures of ANY GGRC and RML monies not in COMPLETE compliance with the Master Deed and Bylaws would be ultra vires acts outside the scope of authority of the Board of Directors and would amount to the individual gross negligence of each member of the Board who did not go on record of officially trying to stop these acts.

The Board prides themselves on acting “jointly and unified.”  This Board will find out that doing so will paint them all with the same brush when these matters get litigated – and we will be coming after each of your personal assets to pay back every penny of illegitimately spent funds.

You have been warned.

Thank You!

I want to thank the growing number of owners at Deer Ridge Mountain Resort who are supporting this blog and its primary goals. Those goals include making GGRC and RML transparent, accountable and compliant with the controlling documents of our property: The Master Deed and Bylaws.

These documents are the “law of the land” for Deer Ridge – and these “laws” have been systematically, substantively and repeatedly violated by Joe Thomas and the current and past boards of Deer Ridge.  As more of you have become acquainted with these laws and your rights as owners, as a result of this blog, your sense of outrage over these ongoing, intentional violations by Joe Thomas and the Board has joined with the voices of other owners who are now demanding long needed changes be made immediately at Deer Ridge.

This growing, vocal demand has finally gotten a response from Joe Thomas and the Board.

You will be receiving an unsigned letter purportedly from the GGRC / RML Board of Directors concerning some of my efforts to accomplish the above goals.  Not surprisingly, their 8 page letter is solely focused on their ongoing villainization and disinformation about me that has been going on for years – attacking me and my ever constant demand for implementing the above goals.

Fortunately, so many of you have started to call, email and otherwise voice your own demands to Joe Thomas and the board that the Deer Ridge Owners Blog goals be met, that they have felt compelled to generate this most recent attack letter in an attempt to deflect the growing complaints against the old way, their way, of doing things.

Here’s a hint for Joey and the Board:  Your attempted deflection won’t work.  Your violations of Deer Ridge Law will no longer be tolerated.

Joey And The Board Have No Authority To Be Thought Police Overseeing All Owners At Deer Ridge

Joey and the Board continue to believe that they are the ONLY people who can have an opinion about Deer Ridge and its operations…and they consistently set out to attempt to discredit and alienate ANY owner who does not agree to abide by their warped sense of proprietary and priorities.

My guess is that many other owners would agree with me that the board is completely out of line trying to censure ANY owner from expressing their rights to freedom of thought and expression.  For some reason, Joey and this board think it is alright to try and tell an owner how to think and behave – even when they have no authority whatsoever to do so.

Thought Police is NOT one of the authorized duties of either the general manager or the board.

The board members, as individual owners, have a right to their own ideas and opinions – but have ZERO right as the board of directors to use HOA fees to prepare and mail out any document on GGRC letterhead attempting to censure individual owners for expressing their opinion.

If individual board members wish to mail all owners their PERSONAL opinion about me or anything else, they are welcome to do so – WITHOUT using GGRC letterhead and without HOA fees being used for the postage.

Here’s another hint for Joey and the Board:  A growing number of us will no longer tolerate your attempts to control and intimidate owners.

Your lies and secretive actions will see the light of day and be fully exposed for the coordinated deception they are.  Each owner is fully entitled to their own ideas and opinions regarding Deer Ridge – and no one is required to follow your dictatorial wishes with regard to their opinions about Joe Thomas and the board and use and enjoyment of THEIR property as long as they abide by the Master Deed and Bylaws.  And no where in those controlling documents are you empowered in any way to be Thought Police for every owner at Deer Ridge.

However…all owners have a right to demand COMPLETE transparency about the way their investment is being handled – and to demand that the elected board provide that transparency AND that the board abide FULLY with the controlling documents that are part of the purchase documents for each and every condo at Deer Ridge.  Every owner has the right to demand full accountability of Joe Thomas as general manger and every board member to account for every penny – and follow every article and bylaw of our controlling documents.

As such, I demand that Joe and each board member reimburse GGRC for the time, postage and all other expenses incurred as a result of them sending this completely inappropriate attack letter to all owners and to go on record apologizing for completely overstepping their authority with their letter of attempted intimidation and censure.

If you want to send the same letter to every owner again, fine – but have the forthrightness to send it yourself, under your individual signature, using your own postage.   Don’t hide behind some unsigned letter and charge all owners.  Or, set up your own private blog at your own cost, unaffiliated with Deer Ridge management, and rant away to your heart’s content.

Welcome To New Visitors To This Blog

Most of you who are regular readers of this blog are already aware of the multitude of mistakes, errors and misrepresentations, intentional or otherwise, that are contained in this most recent attack letter.  However, since their letter references our blog so many times, I am hopeful that many of you now reading this posting are here for the first time, trying to find out for yourselves if the claims in the attack letter are true.  If you are here for the first time…or the first time in a long time, welcome!

I invite you to read all the postings and all the many dozens of comments made by your fellow owners at Deer Ridge.  I also invite you to join in the dialogue by registering and adding your own comments to each individual posting that interests you.

Unlike the new Joe Thomas and Board Blog, where they do not allow ANY comments and discussions by owners, but only post their own propaganda, this Deer Ridge Owners blog is specifically set up to give ALL owners a voice in their property and investment in Deer Ridge.

In the last three months since it started, this blog has had over 2,800 unique visitors, many visiting multiple times, with over 20,000 page views, 7,200 search engine robot visits and over 3,400 feeds.  We continue to average about 1,500 visits a month to the blog.  Not bad for zero advertising and a small 84 unit property!

Some Points of Issue With Their Current Attack Letter

There are SO many errors, false statements, half-truths in the board’s attack letter, I won’t bore you with refuting them all except to ask you to explore this massive blog to find your own answers.  However, some of the points are so flagrant, I will respond to the following, along with providing specific links where you can get more information to make your own decisions.

• “Robert’s emails questioned the actions of the Board and Manager and he demanded that he be provided detailed financial records so he could advise the Board and Manager the correct manner in which to run the day to day operations at Deer Ridge.

  “That statement is mostly true.

  As an owner, I have a right to receive copies of ALL the books and records concerning MY ownership and investment at Deer Ridge.  ALL owners have this right.

  The current and past boards have adamantly refused to provide copies to any owner.Instead, all they offer is to let an owner set up an appointment with Joe Thomas to quickly VIEW whatever documents Joe Thomas is willing to show (they are unwilling to even show many underlying documents) while Joe is looking over your shoulder.  They know that forcing this approach, they can’t be held accountable – and any analysis is all but impossible.  It is also unworkable for all the folks who own at Deer Ridge who do not visit often.  How are they supposed to see the books and records if they can’t have copies?

  This one point is the crux of a majority of my complaints – and that complaint has been there since Day 1 and continues to this day.  For me, this is such a critically important issue, it is worth filing a lawsuit over – so ALL owners can see what is going on with their investment in Deer Ridge.

• “He earlier wanted RML sold, and that is still one of his goals.”

  Absolutely.  In my opinion, RML and Ridge Resort Realty are operating companies that put all owners at risk of running small companies – and is a violation of the Master Deed and Bylaws.  Everyone who needs rental income would be better served by selling RML to a larger, better property management company – plus if sold correctly, could generate several hundreds of thousands of dollars to GGRC.

• Should Deer Ridge HOA Sell Ridge Management Limited?
• Sale of RML To An Unaffiliated Company Pro / Con List
• What Is RML REALLY Worth If We Sell It?
• Marketing Steps For Selling RML
• Joe’s Gypity Do Dah Song to Deer Ridge Owners

• “He wants the current Board and Joe Thomas fired.”

  Absolutely!  There are SO many reasons that Joe Thomas should be fired – and I read the whole list to his face during the last board meeting.  Please see:

• Deer Ridge Board Meeting Motion – Fire Joe Thomas For Cause
• Deer Ridge Mountain Resort: Who IS Responsible For Multiple Violations of Article XII of the Master Deed?
• File A Complaint Against Joe Thomas With Tennessee Real Estate Commission
• Joe Thomas Butchers Deer Ridge Trees For Benefit Of Non Deer Ridge Owner
• Open Letter To Luther Parker and Board: Joe Thomas Accosts Owner In Laundry Room

• “He has indicated he would like to take over our HOA and run it on his whim of the moment.”

  This is false.  Completely false.

  I have zero interest in running the HOA, being on the board or having Joe’s job.  Zero interest.

  Joe has always been threatened by me since I have significantly more real estate and property management experience than he does.  Even though I’ve gone out of my way to make it clear that I don’t want his job, his apparent paranoia over this has been the root of a lot of his conniving and devious behavior toward me since we bought at Deer Ridge.

• “Without a single substantiating fact he posted the picture on his website with the accusation that the Board was preparing to run a “secret” test for the demolition and replacement of the railings at one of the buildings and that Deer Ridge had already spent monies on parts for this test run.”

  Actually, there were several substantiating facts.

  One, is the long history of Joey and the Board spending over $120,000 of OUR money on unapproved projects without having the same kind of vote they are currently having on February 6th about the ridiculous and completely unnecessary Walkway Railings replacements.  Joey and current and past boards have often moved ahead with projects with no authority whatsoever, such as The Joe’s Folly Pavilion.

  Secondly, there is the magic wording in the Board’s own minutes from the November budget meeting that were sent to all owner around December 1, 2009.  This is the section about the test run and timelines for the walkway railings:

  Now, please note several things in the board’s own minutes:

  • “Joe Thomas mentioned that contractors want to do a test run on a walkway in January.”   Hmmm…I guess we all didn’t just imagine that January test run date after all, huh?
  • They already knew and were taking into account that I had forced them to abide by the Master Deed and Bylaws, so they had to have the damn 75% vote.
  • Even if the owners decide it makes no sense to spend over $49,000 to replace perfectly good walkway railings, we are being warned by El Presidente Luther that our assessment won’t go down!  How is that for Joey and the board trying to railroad something through – even if the owners vote they don’t want it?  The cost of this boondoggle is 14% of the total assessment.  But hell or high water, Joey and the board need all that money – even if it isn’t going to be used for its stated purpose!  Does anyone else see this as outrageously unethical as I do?
  • But wait…there’s more:  Even knowing that the vote was not going to occur until February 6th, Point 5 repeats their intent of doing a test run AND having all walkway railings DONE by the April Owner’s Meeting.   Now, not the ambiguous parenthetical  (if approved).  If you diagram the sentence, you will see that the wording meant approval of the whole project, not the test run.  Which is exactly the intent of the board.
  • Also, look at the timeline.  If they were really going to do the test run AFTER the vote…and then do all the demolition and complete reconstruction AFTER the test run was tested, there wouldn’t be time to do it right.  However, if they were going to do the test run in January, as the plan shows above, then they might be able to get it all done in time for the meeting.
  • Also, Point 5 even WARNS the owners:  “Ownership be cognizant that the Building and Grounds committee, Board and Management, contractors and maintenance staff would like to do a test run on one walkway.”  Now, to me that wording speaks volumes.  They are telling us that they are illegitimately moving forward NOW with the test run BEFORE the vote.  Otherwise, why should the owners be cognizant?
  • Maybe it is just me, but I think the above minutes make it CRYSTAL CLEAR that Joey and the boys were going to move ahead with the secret test run in January.  What does your intuition tell you?

  But, wait there is more….proof.

  Thirdly, Neil Blair received the following email from Luther Parker, El Presidente regarding this project:

  Date: Thu, 24 Dec 2009 11:15:37 -0600

  Subject: RE: Questions

  From: parker.luther@gmail.com

  To: openroad12@hotmail.comCC: mickmargie@zoomtown.com; DavidBarone@optonline.net; larryo@skdocpa.com; tomtrip@verizon.net; manager@deerridge.com

  Neil,

  The Buiding and Grounds Committee had identified the walkway problems prior to Mr. Novak’s presentation to the Board. The project of replacing the walkway railings and up-dating the lighting is well underway. Presently, the general manager has been given the task of taking precautionary measures until the walkway project gets underway.

  Neil, I must conclude that you are clearly saying to me (e-mail) “We will let a judge decide”.  Additionally, you stated that you would be contacting the FBI for an investigation of the Board.

  Since you desire representation by a third party, I will respond to those agents representing you.

  Sincerely,

  Luther

  Now, how would YOU interpret that email – especially the part in red – especially considering the long history of costly, illegitimate projects at Deer Ridge?  That is why I got a panicked telephone call from another owner asking me to please do whatever I could with my blog to stop this illegitimate act before it was too late.

  Note that this email was sent by Luther Parker on December 24th – exactly a week before our posting about the dumpster.  From what we have been told by insiders, our posting did, indeed, keep their illegal walkway railing test from happening.  Please also see:  Deer Ridge Board: What Part of No Do You NOT Understand? and Deer Ridge Mountain Resort: Who IS Responsible For Multiple Violations of Article XII of the Master Deed?

  So, let’s look again at the Board’s attack letter claims, “Without a single substantiating fact he posted the picture on his website with the accusation that the Board was preparing to run a “secret” test for the demolition and replacement of the railings at one of the buildings and that Deer Ridge had already spent monies on parts for this test run.”

  I think we have triple and quadruple “substantiating facts” to believe Joey and the boys were moving ahead, spending OUR money on their ridiculous pet project – even before the owners voted.  And, I believe that the ONLY thing that stopped them was this blog posting – and they are especially aggravated by it.

  In spite of the protests by Joey and the board in their attack letter, do you think that I might, just maybe, be right about their illegitimate test run and why that first dumpster showed up on property after all?

  Uh huh.  Talk about Doublespeak.

  Irrespective of whether they were going to use the actual dumpster shown in the photo or some other dumpster, I think it now surely seems obvious to God and everybody that not only were Joey and the boys going to violate the Master Deed once again by spending our money without the proper vote and approval – they are now CLEARLY guilty of trying to cover it up with a LIE.

  Joey and the boys have been hoisted with their own petards and documentation.  Maybe we can call it JoeGate instead of WaterGate.

  And, consider this:  if Joe Thomas and Luther Parker and the rest of the board are willing to manufacture lies like this in their attack letter against me, it kind of makes you wonder how many more outright lies all of them are trying to tell all the owners in the rest of that attack letter.

  AND IF THEY ARE LIARS  – WHAT ELSE ABOUT DEER RIDGE ARE JOE THOMAS AND LUTHER PARKER AND THE REST OF THE BOARD LYING TO THE OWNERS ABOUT – ABOUT THE ASSESSMENT?  ABOUT THE BUDGETS?  ABOUT THE REAL OPERATION OF RML?  ABOUT BOARD COMPENSATION?  ABOUT EVERYTHING?

• “How can this man state that he has the support of many owners in his quest to completely destroy the beautiful mountain resort that has been more than 23 years in the making?”

  Read the blog to see some of the support.  See the proxies that I will bring to the February 6th meeting on the Walkway Railings Vote.  Read the emails you are getting from other owners complaining about how you are not abiding by the Deer Ridge The Master Deed and Bylaws.  Read the other, upcoming letters from other owners that will be mailed to all owners in the next few weeks.  There are now many of us owners who are joining together to bring about long needed changes to Deer Ridge that will do just the opposite of destroying our beautiful mountain PROPERTY.

• “On December 23, 2009 he stated on his website his intention to file a complaint against Joe Thomas with the Tennessee Real Estate Commission.”

  This is true – although it just went in the mail in the last couple of days since the official complaint had to be notarized.  You can read all about this complaint at File A Complaint Against Joe Thomas With Tennessee Real Estate Commission. If you agree with the reasons given, I invite you to join me and other Deer Ridge Owners who have filed this same complaint about Joe Thomas with the State of Tennessee.

• “On December 12, 2009 he stated on his website that he had filed an official request to the FBI to investigate alleged criminal activity by Deer Ridge Manager and Board for suspected crimes of: white collar crime; corruption; financial misappropriations, kickbacks, embezzlement; illegitimate Board member compensation; and securities fraud.”

  This is true.  You can read all about this complaint at FBI – Official Request Made to Investigate Alleged Criminal Activity By Deer Ridge Manager And Board.  If you agree with the reasons given, I invite you to join me and other Deer Ridge Owners who have filed this same complaint about Joe Thomas with the FBI.

• “The Board has made the decision to not provide,nor allow to be made, copies of detailed financial records which could be disseminated to parties that might use them to the detriment of the orderly operation of GG&RC and/or RML.”

  Again, this is the crux of the problem.

  ALL owners should be able to have copies of ALL books and records related in any way to the operation of their property and their investment.

  If we have to go to court over this, we WILL go to court over this.  Additionally, exactly what detrimental consequences does the board fear from these financial records?  The ONLY ones I can think of relate solely to any malfeasance and misuse of HOA funds – which is exactly why I believe the Board and Joey are fighting, tooth and nail, to keep these copies out of the hands of owners.  Please see:  Yes Or No, Luther Parker? An Open Letter To Luther Parker, President of Deer Ridge – GGRC and RML.

• “It is for this very same reason that the Board has made the decision to not allow audio recording of any of the Board meetings…”

  Again, this is another case where the board refuses to be transparent and accountable to all owners.

  Interestingly, the State of Nevada just implemented a new law affecting all HOAs that now REQUIRE them to audio record ALL board meetings and keep those recordings available to all interested parties for at least 10 years.  Other states are expected to follow suit.  So, if so many state governments see this as a requirement that is to the benefit of all owners, why does Joey and the Board at Deer Ridge fight it so much?
  

• “On November 15,2009, on his website, he posted pictures along with the allegation ‘Joe Thomas Butchers Deer Ridge Trees For Benefit of Non Deer Ridge Owner’ …What his cursory investigation failed to reveal was that one of the cabin owners on Moonshine Ridge, which overlooks Weber Road, also wanted some trees topped that were located on the south side of the road. Through the Maintenance staff, Joe contacted the landscaper that does contract work for Deer Ridge and referred him to the persons wanting the trees cut. The property line is very close to the road at this point and GG&RC only owns a 25 ft right of way from the center line of Weber Road. The topped tree closest to the road is 33 ft from the center line. Therefore, it appears that most, if not all, of the trees topped in this area were not on GG&RC property.”

  From our analysis of the plat, the above “convenient” calculations by Joey and the Board appear to be very wrong and these trees are, indeed, on our property.

  Do you believe it a coincidence that these trees were butchered at virtually the same time that this one cabin, the ONLY one that benefited from the butchering, signed on to be managed by RML?  Please see:  Joe Thomas Butchers Deer Ridge Trees For Benefit Of Non Deer Ridge Owner,   Joe Thomas Butchers Deer Ridge Trees For Benefit Of Non Deer Ridge Owner – Chapter 2 and Tree Trimming At Deer Ridge: A Guest Post By Tina.

• “On September 20, 2009 he filed a complaint with the local US Postal authorities.”

  True.  Many of us have had way too much mail tampering.

  However, I am please to say that I have now been successful at forcing Joey and the Board to install private mailboxes where keys will only be given to the individual owner and the US postal person who delivers the mail.  Please see:  Postmaster Says We Have A Right To Demand Individual Mailboxes and Major Successes At Deer Ridge Board Meeting – Four Total – One Major Win! We should get our individual keys personally delivered to us sometime this week by Scott, the Gatlinburg Postmaster.

• “On December 21, 2009 a copy of an invoice mailed by the Cobbly Nob Property Owners Association to Deer Ridge Mountain Resort appeared on his website and his cry is “Deer Ridge behind in payments to Cobbly Nob -Over $31,000!…RML is not in arrears to Cobbly Nob.”

  Please see:  Deer Ridge Behind In Payments To Cobbly Nob – Over $31,000!

  Note in spite of what Joey and the Board claim in the letter about being caught up…that Cobbly Nob is offering a payment plan that just happens to start when the Asinine Assessments are due in March!  If they are so caught up, why is a payment plan even being offered?  Kind of makes you wonder, huh?

• “In every instance the (GGRC) attorney did not find fault with the decisions of the Board and rebuked him for trying to micro-manage the Board’s operation when the Master Deed and By-Laws clearly granted the Board the authority to manage the property in a manner which is fair and equitable.

  This is false.

  We had to fight to get Vic and Joey to release the mailing labels back in 2006 – and the same attorney told them they did not have a choice – that I was right in my demand that they had to provide it!

  Also, at the most recent board meeting, the same attorney had to remind Joey and the Board that, again, they do not have a choice about providing mailing labels – which Luther had been denying access to.  Also, in the same meeting, the same attorney agreed with me that the board HAD to abide by Article XII and get the required 75% vote of owners before doing ANY alteration or improvement.

  This alone is a MAJOR win for all owners – with their attorney in fact finding MAJOR fault with the decisions of the Board.  Their current vote on February 6 requiring a 75% vote for the ridiculous replacement of perfectly good walkway railings is an admission of Joey’s and the Board’s GUILT over not requesting the same kind of vote before illegitimately squandering over $120,000 on other projects just as Joe’s Folly Pavilion.  I would say that is a clear case of their statement being proven completely false, wouldn’t you?

  Please see:

  • Deer Ridge Owners Mailing Labels Now Available To ALL Owners

  • Major Win On Deer Ridge Article XII Bylaws – Thoughts and Implications

  • Major Successes At Deer Ridge Board Meeting – Four Total – One Major Win!

    Also, there is the whole issue of all 30 1-1 units at Deer Ridge being grossly overcharged by 82% on monthly HOA fees and all other assessments.  When asked in the meeting, Luther Parker said this was “fair and equitable.”  We obviously disagree and will take this matter to court and see if the court agrees that an 82% overcharge is fair and equitable.

  • Lawsuit Against Deer Ridge GGRC Inevitable And Moving Forward – Despite Gains At Board Meeting

  • Deer Ridge Board Meeting: Luther Parker States 82% Monthly Overcharge to All 30 1-1 Owners Is Fair And Equitable

• “We believe the majority of owners do not want Deer Ridge Mountain Resort to become another small residential complex as he has suggested and would like it to become.”

  Scott, the Postmaster for Gatlinburg has told us that based on trends in this city and specific trends and current pricing at Deer Ridge, within two to five years, he expects that all of Deer Ridge will become a residential complex.  This has nothing to do with me – and has everything to do with micro and macro economic trends specific to this geography.

  However, think about the statement in their attack letter.

  If these units are fairly marketed to all potential buyers, many of those buyers will be interested in Deer Ridge as their primary home.  So, “the majority of owners” mentioned in the attack letter do not get a vote on this either – even though Joe Thomas has done all he can to try and accomplish this by only trying to sell units to those who will use RML.  This is a MAJOR disservice to those who are trying to sell their units – and his tactics have greatly suppressed prices of all units here for years.  This is one of the reasons we filed a complaint against Joe Thomas with the Tennessee Real Estate Boards.   You can read all about this complaint at File A Complaint Against Joe Thomas With Tennessee Real Estate Commission. If you agree with the reasons given, I invite you to join me and other Deer Ridge Owners who have filed this same complaint about Joe Thomas with the State of Tennessee.

• “He blatantly abused the pooling system, staying in his unit for a month at a time while still collecting rent via the pooling system.”

  Our “abuse” was staying in OUR unit, that we own, for the month of October right after we bought the unit in August.  However, we did NOT collect rent from the pooling system.  We were fully agreeable that no rent was owed.  The fact that Joey and the board could even consider this as abuse is almost laughable.  However, when RML instituted a “prime time tax” – charging owners an absurd and outrageous daily charge on top of no rental income  is why we took our unit out of RML.  That is when additional “abuse” occurred by Joe Thomas RENTING our unit AFTER it was no longer in RML.  He has done this to other owners too – fully demonstrating his lack of ethics and trustworthiness.

  It is this kind of mindset by Joey and the Board that this property and every unit here is for their Little Joe’s Notel Motel empire – and not an aggregation of 84 units with about 80 owners who have varying and totally justifiable reasons to own at Deer Ridge that may have NOTHING to do with renting their units via RML.

• “On February 10,2007, a committee formed by the Board to study and make recommendations with respect to Joe Thomas’s group’s offer, met in Luther Parker’s unit (B202). On this day Robert , a member of the committee, focused his contribution to the meeting on selling RML to an outside interest at a future point in time fora great deal of money…The charge would be 7% of the total selling price … “.

  The Attack Letter implies I was making money from the sale of RML.  Please see the full text, which they conveniently edited, by clicking Marketing Steps For Selling RML.  There you will see that I clearly state, out of all available options for selling, that “Using a competent, knowledgeable business broker is probably the best approach for the sale of RML.”  I also add that instead of using me, “While this approach is an alternative for the Board, the business broker approach may be the best approach since it is a total third party dealing with no potential for any conflicts of interest.”  As you can see, their attack letter is intentionally misleading on this point – and I would suggest that it is equally intentionally misleading on all the other points too.

  However, since they brought up the offer by Joe Thomas to buy RML, I strongly suggest you read what really happened by clicking:  Joe’s Gypity Do Dah Song to Deer Ridge Owners.  There you will see how Joe wanted to buy all of RML for $100,000, 90% financed by GGRC with NO PERSONAL LIABILITY by Joey – and he takes over bank accounts with more than $10,000 in them.  That way, he grossly underpays for RML, gets it with no personal liability, can walk away from it when and if it doesn’t work for HIM any longer and drains the acquired bank accounts to pay for the complete down payment.  See why I thought this was such a bad deal for the owners at Deer Ridge?

  Also, think about this:  If Joey thought it was such a good idea that GGRC sell RML, then why is he SO opposed to it being sold for a fair price to a larger management company that has the economies of scale to operate RML and the units in RML at Deer Ridge?  The implications of this logic gap by Joe Thomas speaks volumes about how much he doesn’t care about what is good for Deer Ridge Owners!

• “Shortly before the April 2008 Owner’s meeting, Robert sent a 9 page; “An Open Letter to the Deer Ridge Board and All Owners”, via email and his website (www.DeerRidgeOwners.com/prediction). The title of this letter was “Deer Ridge Mountain Resort – An Economic Prediction for 2008-2010″.

  True.  We still have one year to go – but check out my original prediction to see how good a job I did.  Click Deer Ridge Mountain Resort – An Economic Prediction For 2008-2010.

• “Fellow owners is it a coincidence that much of Robert’s negative commentary materializes as meetings are about to take place? Or is the timing well orchestrated to disrupt, distort, distract, divide and subsequently destroy Deer Ridge as we know it today?”

  It is to try and finally get these critical issues on the agenda since the Board has a four year history of NOT answering questions and emails and NOT being held accountable for its actions and inactions.
  

• “Interestingly, during the summer of 2009, Robert became our 7th permanent resident.”

  Partially true.  We are here as full time residents enjoying the beauty of Deer Ridge – until such time as we can get the goals of this blog accomplished.  We decided we have to be here to effectuate change since so much is hidden from owners who do not spend a lot of time here.  That is how and why we are seeing so much more going on here like the tree butchering.  Our presence here is also required for the upcoming litigation against GGRC and RML.  Once these goals are met, we will return home to Clearwater Beach, Florida – whether that takes 3 months or 33 months.

  Here’s another hint for Joey:  We will not be leaving until AFTER you are gone.
  

• “In a 19 page diatribe posted on his website on October 19, 2009 he is seeking legal representation for his HOA Class Action Lawsuits wrote the following. “All recent annual meetings and the election of officers and board members, approval of all budgets, etc. are null and void.” “That an independent auditor be hired and paid for by GGRC and placed under my administration and direction … ” “That RML and Ridge Resort Realty be expeditiously sold under my administration and direction …Ownership note Robert’s statements, particularly “under my [Robert] administration”.”

  Please see the following links for the full REAL story on all of the above sound bites taking out of context:

  • Deer Ridge Problems – The Mind Map

  • Deer Ridge Mountain Resort: Who IS Responsible For Multiple Violations of Article XII of the Master Deed?

  • Major Successes At Deer Ridge Board Meeting – Four Total – One Major Win!

  • Lawsuit Against Deer Ridge GGRC Inevitable And Moving Forward – Despite Gains At Board Meeting

  • Deer Ridge Board Meeting: Luther Parker States 82% Monthly Overcharge to All 30 1-1 Owners Is Fair And Equitable

• “On November 6, 2009, the Board received a letter from Mr. Sexton (the GGRC attorney) responding to Robert’s allegations. The following are excerpts from that letter, ‘The first question regards the Board’s authority under the Master Deed and Bylaws. It is my understanding that he is taking the position that various owners at Deer Ridge are being assessed monthly dues and allocation of common expenses and repairs at a percentage disproportionate to the ownership interest . . The last half of the sentence in Article III, Paragraph 9(c) beginning with the word “however” clearly gives the Board authority to allocate common expenses using a method other than percentage of ownership. The qualifier is “provided such method is fair and equitable”. It is my understanding that Robert is complaining that current owners ‘fees and assessments are being assessed in a ratio different than the percentage of ownership set out in Exhibit 2-1 to the Master Deed. This document clearly assigns to each unit design a specific percentage of the vote to which they are entitled. The percentage of vote likewise corresponds to their percentage of ownership interest in the common elements. “

  This is one of two fundamental issues I have with the way things are done and not done at Deer Ridge.  This one alone is worth taking GGRC to court over. Joey and the Board make claim to Article III, Paragraph 9(c) as their sole justification for ignoring the real intend and requirements of The Master Deed and Bylaws. It is their intentional misinterpretation of this clause that has allowed Joey and the Board to OVERCHARGE all 30 1-1 units at Deer Ridge by 82% on monthly HOA fees and other assessments.  There are several postings at the blog that describe this issue.

  The key is that the section they hang their hats on ONLY relates to the DEVELOPMENT PLAN phase of the property that ended 23 YEARS ago.

  Even IF the Board were to prevail by convincing the Judge that Deer Ridge is still in the Development Phase after 23 years, we have the other part of Article III, Section 9 Paragraph C: “…provided such method is fair and equitable…”

  The fact that all 30 1-1 units are charged 82% more than the Master Deed Percentages would almost certainly be deemed to be UN”fair and equitable” – especially when the 2-2-L should be charged 50% more than they have been charged by the current Board!

  And, here we have our fearless leader, Luther Parker, stating straight-faced at the board meeting a few days ago that, “Yes, the 82% IS fair and equitable.”  Luther, thankfully, I don’t think ANY judge is EVER going to agree with your logic and math.

  And, I bet a VAST majority of the 30 owners of 1-1 units, representing 36% of ALL units at Deer Ridge will STRONGLY disagree that your “82% IS fair and equitable” overcharge for their HOA fees they have to pay each and every month IS fair and equitable.

  Please check out the following links on this critical issue:

  • Open Letter to Chuck Sexton – Attorney for GGRC – That GGRC and Deer Ridge Has NO Current Board of Directors

  • Lawsuit Against Deer Ridge GGRC Inevitable And Moving Forward – Despite Gains At Board Meeting

  • Deer Ridge Board Meeting: Luther Parker States 82% Monthly Overcharge to All 30 1-1 Owners Is Fair And Equitable

  • We Are * In Play * – As They Say On Wall St. – Attorney Contacts Commenced For Deer Ridge HOA Lawsuit

  • Seeking Legal Representation – RFP – HOA Lawsuits

  • Class-Action Lawsuits – Coming Soon To A HOA Near You

  • RML Is Illegal! Pavilion Is Illegal! April Annual Meetings Are Illegal! More Major Flagrant Master Deed Violations

  • Deer Ridge – Your Monthly HOA Fee And Special Assessment Are WRONG! Open Letter to Deer Ridge Board: Lawsuit Being Prepared Against GGRC and RML

    Please note that this section of the attack letter refers to an “excerpt.”  Since the thought processes seem to abruptly end, it makes you wonder if the parts they left out were in fact critical to understanding what their attorney REALLY said. 
    
    

• “He does not have the right to demand to be a junior board member double checking all the work done by each Board member. ”

  I do not want to be either a junior or senior board member.  What I want is to have the same rights for all Deer Ridge Owners:  Making GGRC and RML transparent, accountable and compliant with the controlling documents of our property: The Master Deed and Bylaws.

• “He is working hard to destroy Deer Ridge as we know it today.”

  False,  Deer Ridge is a beautiful property and the only things I want to destroy are the antithesis of our goals that include making GGRC and RML transparent, accountable and compliant with the controlling documents of our property: The Master Deed and Bylaws.

Well, those are the top points about their attack letter…I personally think this letter was sent to all owners as a smoke screen by Joey and the Board to lower the heat factor they are feeling from all the complaints from other owners over the Asinine Assessment of $353,500 – and the fact they will not provide an iota of documentation and proof that these monies need to be spent – especially $50,000 on “nuts and bolts” and $49,000 to replace perfectly good walkway railings just because Joey wants a different design.

I don’t have time to even address the rest of their trivial points and other lies – but do invite you to read everything at this Deer Ridge Owners Blog and make your own decision of whether you think I am trying to destroy Deer Ridge Mountain Resort or help it finally succeed.

PS:  If you haven’t already done so and can’t make the meeting, please mail me your signed proxy to represent you at the upcoming February 6th special meeting about the ridiculous and completely unnecessary Walkway Railings replacements.

The following email was sent to Luther Parker and the board of Deer Ridge Mountain Resort on January 2, 2010.  It was also sent to GGRC attorney, Chuck Sexton.

Luther,

You and Joe Thomas and the Board are hereby put on notice that any walkway railing “test” is a DIRECT violation of the Article XII of the Master Deed.  Period.

In your letter to all owners you state, “The ownership should be cognizant that the Building and Grounds committee, Board and Management, contractors and maintenance staff would like to do a test run on one walkway. Additionally, if the test run is successful, the Board would like to see this project completed by the April 2010 Owners meeting (if approved).”

Please reread Master Deed, Page 16, Article XII, number 2 to better understand that “There shall be no alterations or additions to the Common Elements or any part(s) thereof except as authorized by the Board of Directors and approved by not less than seventy-five (75%) percent of the total vote of the Co-Owners of the Regime.

Let me step through the complicated logic here for you:  NO means NO.

NO means that you can NOT destroy what we currently have – even to run a test without the 75% approval.  NO means that you cannot do ANY alterations.  Period.

Please have your attorney explain that to you if you need any additional clarity.

If you and Joe Thomas move forward with ANY alterations whatsoever at Deer Ridge without the REQUIRED 75% vote, then all of you, including every member of the “board” will be held personally accountable and financially responsible for this blatant violation of the Master Deed.

With your December 10th letter, you have ADMITTED that Article XII must be followed.

By doing so, you have ADMITTED that you and Joe Thomas and other members of the board, both past and present, have wrongly violated this provision in the past, squandering over $120,000 since I have owned at Deer Ridge.

This admission makes you and the board even more guilty if you move forward with this “test run” since now, with your December 10th letter, you can no longer claim, “Gee, I didn’t know any better…”

Additionally, bear in mind for the upcoming meeting on the Walkways, I will be there with proxies from other owners.

I will want to see detailed spreadsheets, estoppel certificates and other proofs that the Board is ALSO complying with the following ADDITIONAL provisions of the Master Deed, Page 16, Article XII, number 2:  “Where the approval of Co-OWners for alterations or additions to the Common Elements of this Regime is required, “the approval of Institutional Mortgagees whose mortgages encumber Apartments representing not less than ninety (90%) percent of the total unpaid dollar indebtedness as to principal on said Apartments at said time shall also be required.”

This will require you to obtain a complete and comprehensive listing of ALL mortgage holders for all 84 units at Deer Ridge, including any and all second liens, equity loans, etc.  It will require an estoppel certificate from each and every mortgage holder, verifying that they still own the loan, the amount of the unpaid principal balance, and that the person signing any ballot or proxy has the personal delegation of authority of the institution to sign said ballot or proxy.  This step will also require a detailed spreadsheet showing the required arithmetic to demonstrate that the Board has received the REQUIRED 90% of all mortgage holders.

The above is in addition to providing proof of the seventy-five (75%) percent of the total vote of the Co-Owners of the Regime.

NOTE AGAIN – ALL OF THE ABOVE IS ALSO REQUIRED EVEN FOR YOUR PLANNED TEST RUN OF THE WALKWAY RAILINGS!!!

Luther, one of the statements you made at the last board meeting was that I appear to have little trust when it comes to the board.  Well, this is one of many very UNtrustworthy actions you and the board take that makes me, and an increasing number of owners at Deer Ridge Mountain Resort, even less trusting of ANYTHING you and Joe Thomas do behind those closed doors.

Luther, you and Joe Thomas and the rest of the board can no longer get away with your approach of  the past of railroading things through and usurping the power and approval rights of the owners.

It stops now.

Robert

cc:  www.DeerRidgeOwners.com
cc:  Chuck Sexton,  Attorney for Gatlinburg Gold and Racquet Club – cssexton53@aol.com

Voice your opinion below in the Comments section and vote NO on your ballot for this $40,000 waste of OUR money.

Joey And The Board Are About To Trample YOUR Rights Once Again

Readers of this blog know that I have been pushing hard for the Board and Joey to abide by the rules of the Master Deed and Bylaws.  Readers also know that one part of that push has been with regard to Article XII – which requires, in part, that 75% of all owners have to give PRIOR approval for any alterations or improvements.

By now, all owners have received the packet from Luther about their desired double wide metal railings for which they want us to spend an unneeded $40,000.

Luther tells you in his letter that he has now magically had the epiphany that it takes a 75% vote to approve any alterations or improvements to our property.  He then has the audacity to tell us all that whether we approve it or not, the $40,000 will be spent on “repairs” to the walkway railings anyway, so you might as well approve it.

Well, several of us owners have walked every walkway and we find there is less that $2,000 worth of needed repairs!

Additionally, we have now pointed out that Luther and the Board need not only a 75% vote of all owners…they also needs a 90% vote of all lienholders for all condos at Deer Ridge!  See Deer Ridge Walkway Railing Alteration Fiasco – Vote NO! for details.

Well, guess what?

Joey and the Board are getting ready to ignore Article XII once again and conduct a “test” by replacing railings on at least one of the buildings here.  Proof:

This is the rollaway dumpster that showed up on property today.  Wanna bet it was here for the demolition of our walkway railings?  Our guess is that Joey said, “Not today – too many owners are around on New Year’s Eve.  We have to sneak you in here some other time.”

A “Test” Is A Violation of Article XII!

I don’t care if the test walkway railings are free (and my guess is that they are NOT – thereby squandering more of the owners’ money) – Joey and the Board are NOT authorized to even do a test case without the 75% vote and the 90% vote!!!  Luther, if you and the Board cannot understand Article XII have your attorney or an eighth grader read and explain what all those words mean!

It is mind boggling that you think we owners are so stupid that you believe we can’t see your logic flaw?

Many owners we’ve talked with are already upset over the way that Joey and Luther are railroading this through – again, in direct violation of our controlling documents – and usurping the power of the owners to make these decisions.

Let the Board know that NO means NO!  Stop this before it happens!  Email them – and/or post your comment here.

At this weekend’s board meeting, my presence was warmly anticipated by the Board making sure that Chuck Sexton, the GGRC attorney, was there while I was there.  He, unfortunately, left right after I left.

While Chuck was argumentative about many of my 17 issues, as it turns out, his presence worked in our favor in several ways.

Three Good Victories + One MAJOR Victory

During my presentation, we got Chuck to get the Board to capitulate on four of our points we have been pushing for.  The first three:

1. The Board and Joey HAVE to give the names and current addresses in writing for ALL owners to any owner who wants them.  The Board, and especially Joey, have been fighting this issue against me, Neil and Todd.  Chuck make it clear to Luther that he had no choice.  Luther ended up asking, “Is that right?” about three times before it finally sunk in.  I had to fight this same issue three years ago.  I told Luther I wanted the list.  He said he would get to it when there was time.  Same old slow roll.  But now he KNOWS from his own attorney that he is breaking the law.
2. The Board, at Chuck’s urging, capitulated on owners FINALLY having private mailboxes that are only accessible by the owner and the US Postal Service.  Finally, no more mail tampering at Deer Ridge.  Joey even committed that the mailboxes would be installed within the two weeks.  This is a big deal to all owners who actually live here – so this is a big win to check off the list of demands!
3. The Board finally capitulated on their absurd two week notice requirement.  Now, ANY owner can show up at any Board meeting without ANY notice.  FINALLY, this is as it should be.  The current official requirement was as follows:“*All board meetings will be open to all owners. Owners who want to attend a meeting must indicate to the secretary two weeks before the meeting in writing their intentions to attend. Additionally, agenda items must be submitted in writing two weeks prior to the meeting.”

THE REALLY MAJOR WIN FOR ALL OWNERS

When I pressed that Article XII of the Bylaws REQUIRED a 75% vote of ALL owners for ANY improvement to Deer Ridge and that Joe’s Folly Pavilion was illegally built and funded by GGRC HOA fees, I was surprised that Chuck seemed surprised by the wording and its requirement.  However, after reading it, he pronounced that I was right and that it did, indeed, REQUIRE 75% of the owners to give PRIOR approval for any improvement.

This means that the Joe’s Folly Pavilion was illegally funded and constructed, the office and pool area improvements were illegally funded and done, the maintenance shed that was just completed was illegally funded and constructed, etc.  All totaled, this adds up to more than $120,000 of OUR money that was WRONGLY spent by Joe Thomas at Deer Ridge.  Think how much would be available from this to help fund the current Asinine Assessment?

To me, this alone is justification to FIRE Joe Thomas on the spot.

What this MAJOR victory means is that the owners FINALLY have the power for decision making for improvements back in their hands where it belongs.  It means that Joey and the Board can no longer go off and spend tens of thousands and hundreds of thousands of OUR money on their splurges for improvements…and maybe tell us about it, after the fact.

This is HUGE.

So huge, that it is already making an impact on the upcoming Asinine Assessment.  The Board was going to go off and replace all of the wood railings with aluminum (an ugly, unaesthetic, expensive solution that would not tie in with the natural wood setting of Deer Ridge.)  Now, they are already planning on sending out a letter asking for a 75% vote of approval after Ed Palmer rightfully pointed out that this replacement had a different look, hence it was an improvement and not a maintenance cost.

As readers of this blog know, this 75% vote right has been one of the major issues I have been pushing for – and I am very happy to say that we at least got that one complaint noticed and resolved – primarily due to their attorney being at the meeting.  Chuck, thanks for your help on this!

Four GREAT victories this past weekend – but we still have miles to go before we are done getting this property’s operation back under control of ALL owners.

As to the illegally spent $120,000, I want my portion of that money back – and will be pursuing my legal remedies!