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!

Luther Parker, and the rest of the Deer Ridge Board, are at it again.

Luther Parker is lying to all Deer Ridge owners when he fraudulently claims that RML is making a profit and supporting GGRC.

Of course, there are so many lies, distortions and other misrepresentations in the recent letter that went to all owners.  Luther and the rest of the Gang of Six are trying desperately to stop the flow of more owners terminating their RML contracts and signing up with Cobbly Nob Rentals.

The focal point here on this post is “The Big Lie” that Luther, Larry Ohm and Joe Thomas repeat as a litany.  Their other lies will be addressed with other posts.  Luther and the Gang must be using Hitler’s Mein Kampf as their operations guide regarding RML “profitability” where they learned about “The Big Lie” – or how to use a lie so “colossal” that no one would believe that someone “could have the impudence to distort the truth so infamously.”

Let me prove to you, beyond the shadow of ANY doubt, that Luther Parker is lying to all owners at Deer Ridge about RML.

The Big Lie:  RML Makes Our HOA Money

OK.  Here is a snippet from Luther’s letter of November 15, 2011 about RML and other assorted lies, distortions and other misrepresentations:

Luther states, unequivocally, that “RML does not cost the HOA.  In the past it funded GGRC approximately $45,000 per year.”

He goes on to state that, “The cost to operate GGRC remains the same with or without RML.  HOA fees would not be cut in half.”

Really, Luther?

Luther’s statements, less than two weeks ago, indicate to me that, in my personal opinion, one or more of the following is probably true:

1. He is lying.
2. He is senile.
3. He is either ignorant or stupid.
4. He does not understand business and math well enough to read financial statements.

I personally feel like Luther’s statements have got to be based on one or more of the above choices.  Let me show you why – and you can reach your own conclusion about Luther Parker.

The REAL Truth – Not Luther’s Bizarre “Truth”

OK, Luther, please pay attention this time.  This is the same thing I’ve showed you before based on YOUR information. If you can stay awake long enough, maybe it will finally sink in this time – and you will stop with the repeated “Big Lie.”

If you click The Real RML Facts, you can download a packet of information that I’ve assembled for all to see, including the Judge in our litigation against Luther Parker et al:

• A detailed 16.5 year history of the ACTUAL financial results for RML.  (It only goes through June 30, 2011 since we have yet to get the financial results for the last half of calendar year 2011.)
• The basis for EVERY number of my analysis only comes from THREE sources which are all included in the Real RML Facts Packet for your scrutiny.
• One of the three sources is 10 years of AUDITED financial results for RML covering the years 2001 through 2010. All of these audits were completed by GGRC’s auditors, Hickman And Company, P.C., Certified Public Accountants.
• The second source of data is from a Joe Thomas presentation at the 2005 Annual Owner’s Meeting.  As we all know, Joe Thomas is the general manager around here of both GGRC and RML…oh, and the other conflict of interest position: principal broker of Ridge Resort Realty.  You will see in your Packet Joe’s presentation on the performance of RML includes three sheets showing the income, expenses and net income and loss for all years from 1995 through 2004.  The packet also contains the underlying worksheet prepared by Joe Thomas that was used for the fancy PowerPoint presentation. (Please ignore Joe’s headline on the PowerPoint presentation that says, “Rental Company Nine-Year Performance.”  As everyone else knows, besides Joe Thomas, Years 1995 through 2004 is TEN YEARS of performance.)  In spite of Joey’s inability to do simple four function arithmetic for his headline, we will take at face value that all the number in the spreadsheets were done correctly by someone else.  Now, remember, all those numbers are Joe Thomas’ numbers – not mine.  (I did not have the audit reports before 2001.  For some reason, Joey and the board are unwilling to give me copies – but I will assume that Joe Thomas was probably not lying to owners when he prepared his 2005 Owner’s Meeting report on RML’s performance…and that the numbers for those earlier years were based on the audit numbers.)
• The third, and last source of data for The Real RML Facts Packet, is from the August 2011 “board” meeting.  The board minutes, as prepared by our own David Barone, quotes Larry Ohm, CPA, as stating that the combined RML loss for the first six months of 2011 equaled $58,077.57.  Again, these are THEIR numbers – not mine.
• All of these documents are what was handed out at annual meetings or mailed to Deer Ridge owners – and does not include any additional documents or insights that I might have been gained from the document production resulting from our current litigation against Luther Parker, Joe Thomas and the rest of the “board.”
• Your Real RML Facts Packet contains copies of ALL of these documents for your review.  Don’t take my word for it – verify that every number on my summary spreadsheet is accurate and taken from the three source documents.

Here’s the photo of Larry Ohm’s admission of the RML loss for the first six months of 2011:

The fact that the Gang’s motel business lost over $58,000 in six months time is scary – but the real and complete story is much worse.

So, Luther, the following is my PROOF – based on YOUR numbers – that you are lying when you made the above statements in your letter from two weeks ago.

The 16.5 Year History Of How RML Has Lost Deer Ridge Owners Over $1.9 MILLION – And Still Counting

Yep.  We are really talking about a TWO MILLION DOLLAR LOSS by RML.

Let’s see what happens when we take all that information from those three sources and use THEIR numbers for all of our calculations.

PLEASE CLICK IMAGE FOR THE BIG PICTURE

 You will need to click on the above image to make it big enough to get the BIG picture – and to see just how “bizarre” Luther Parker’s Big Lie has grown.

Here’s the summary from the above page so you can see the bottom line:

• Even using the straight numbers from the three sources show an aggregate net loss over 16.5 years equal to $410,840.  This, by itself, shows Luther Parker is lying to you.
• If the $58,078 that was lost during the first half of 2011 is extrapolated, this means that Joey and the Gang will lose $116,156 of OUR money for all of 2011.
• If the above 2011 extrapolation is correct, then the above $410,840 loss becomes $468,918 for the 17 years.
• Luther, in case you don’t understand, if RML loses money, there are only two sources for it to get more:  a bank loan and from the individual owners of Deer Ridge condos.  Period.  RML has a bank line of credit of about $40,000 – but it is guaranteed by OUR HOA monthly assessments.  So, again, all those losses really have to get covered just from one place:  out of the pockets of ALL owners – whether we use RML or not.
• Luther, do you realize that RML has lost $108,047 just during the past 18 months!!!
• Are you still with me, Luther?  I am trying to put this in baby talk so you can follow the logic.  Now, remember, Luther, all of this is from YOUR numbers!
• The above numbers already prove that Luther Parker was LYING with his statements in his letter from two weeks ago. Period.
• But wait – there’s more!
• If you look closely at the audits and the nine, oops, ten year RML performance compiled by Joe Thomas, there are a couple of suspect line items.
• One is “GGRC Assessments” that shows as income for RML.  What was the source of this income?  Well, the wallets of ALL Deer Ridge owners, of course!  In other words, RML assessed our HOA, GGRC, in the aggregate amount of $200, 556 during that 16.5 year period.  So, that increases the real loss from RML by another $200,556.
• But wait – there’s more!
• The other line item is “GGRC Charged – Management Fees.”  This is not for managing the condos of owners. They currently charge owners a 50% management fee for that.  This ”GGRC Charged – Management Fees” is what they are charging to “manage” GGRC! If you remember, this is something we can outsource to a professional HOA management company for $1,680 a month – and that includes all the accounting!  This approach would have added up to less than $333,000 over 16.5 years.  Click Fire Joe Thomas for the details of this bid.
• Instead, Joey and the boys, chose to charge OUR HOA a whopping $1,305,538 for them to oversee and manage our tiny 84 unit complex.  Again, this has nothing to do with the needs of RML and it’s own management needs – this was just another way for Joey and the Gang to gouge ALL owners to help support their motel business.
• So, just like “GGRC Assessments”, the “GGRC Charged – Management Fees” shows as “income” into RML.  And, just like with the ”GGRC Assessments”, every cent of it comes out of the pockets of ALL owners at Deer Ridge!
• Still, with me Luther?  You haven’t dozed off or had another one of those “senior moments”, have you?
• The important part for you to finally get is that the “income” from ”GGRC Assessments” and “GGRC Charged – Management Fees” are bogus income items.  They are not monies earned from outside tourists or cabin owners.  Every cent of it has come out of the pockets of OWNERS at Deer Ridge!
• What this means is that, over the past 16.5 years, all owners have lost $410,840 as a net loss, PLUS the “GGRC Charged – Management Fees” that cost ALL of us $1,304,538 PLUS the ”GGRC Assessments” that cost ALL of us another $200,556.
• This equals a GRAND TOTAL LOSS CAUSED DIRECTLY BY RML = $1,915,934.  And counting!
• Again, Luther, all of this is from YOUR numbers.  It also does not include a lot of “hidden” costs that you have wrongly misrepresented and attributed to GGRC as operating costs when, in fact, they were really RML related operating costs.  These hidden amounts are massive – but have been left off this analysis until we can finally see the really books and records from ALL accounts. But, I bet you know the real truth, don’t you, Luther?  I wouldn’t be surprised when all those misallocations of expenses are taken into account, that our RML motel business has cost all GGRC owners more than $3 MILLION.  Is that about right, Luther?

Grand Total Loss Caused By RML Over 16.5 Years = Nearly Two MILLION  Dollars In Provable Losses

Whew.

I know that was a lot for you to grasp, Luther, even with me putting it into baby talk for you.  I know you need a nap – but please stay with me for just a little longer so I can tie the ribbon on it for you.

As you can see, using ONLY your numbers, it is BIZARRE how you can even lie with a straight face that, “RML does not cost the HOA.  In the past it funded GGRC approximately $45,000 per year.” and ”The cost to operate GGRC remains the same with or without RML.  HOA fees would not be cut in half.”

Wake up, Luther!  Pay attention!  Have someone explain financial statements and business to you so you can “get it” and not be embarrassed by your ongoing BIZARRE behavior that forces you to lie to all owners.

Do you realize, that the verified loss of $1,915,934 out of the pockets of ALL Deer Ridge owners means RML is losing money.

Do you understand, now?

Do you realize that if you and Joey and the rest of the board had not lost all that money, every owner at Deer Ridge could go OVER SIX YEARS without making ANY monthly HOA fee payment!

Do you realize that without this RML motel business burden that everyone’s HOA monthly fees could be cut in HALF?

If you still don’t get it, find a sixth grader to explain it to you.

That’s MY Proof – Where’s YOUR Proof, Luther?

Luther, I’ve laid out every line item of MY proof, using YOUR numbers, to show that the real loss from RML is at least $2 million…and climbing – as long as you try to keep your motel business operating out of the wallets of ALL owners.

It is not “false light” when there is proof of your lies!  And, I believe you, and ALL owners, will find the above analysis to be inarguable proof of those two lies in your latest letter.  (As I said, there are SO many lies by Luther and the Gang, that I have to break them apart to step through the proof like I did here.)

But, where is YOUR proof?  No more arm waving allowed, Luther.

Let’s see YOUR detailed analysis that proves that “RML does not cost the HOA.  In the past it funded GGRC approximately $45,000 per year.” and ”The cost to operate GGRC remains the same with or without RML.  HOA fees would not be cut in half.”

Prove it, Luther.

Show all the owners why you are not the liar you appear to be.

Or, man up and admit you lied because you just didn’t understand business and how to read a financial statement – and that you have been bluffing your way through life as someone who actually knew something.  Based on how badly and completely inappropriately you have misdiagnosed me as “bizarre” and “anti-social”, I have very serious doubts that you have that PhD in psychobabble that you claim.

Since you lied about RML, maybe you are lying about your own credentials – including the claim that you have some kind of doctorate – or maybe it is one of those mail order degrees.

Once And For All – ALL Owners Can Now See The Truth

Now, Luther, you and the Gang have equal access to all of this same information.  You even have Larry Ohm, who claims he is a CPA, on the “board.”  Most of us would expect that if you combine all six brains that are part of the Gang of Six, you all would have been able to do this same level of analysis that I’ve done.

The disturbing part is that either answer is not good for the owners at Deer Ridge.

If you all were incapable, between all six brains, to do this simple analysis, then none of you have any business running GGRC since you are obviously grossly incompetent and/or grossly negligent.

If you were capable of doing this analysis, and knew the truth, but still chose to all lie to all owners about the real cost of running your motel business, then that level of misrepresentation and misappropriation should be considered criminal in my personal opinion.

Either way – stop telling The Big Lie, Luther – and start shutting down RML immediately before it continues to lose all owners even more millions of dollars.

You, and every individual “board” member has an individual fiduciary duty to protect the assets of ALL owners.

The FACT that you are losing MORE millions of dollars by keeping us in the motel business is more proof that you all are violating that fiduciary duty with your continued gross incompetence and gross negligence.

The Deer Ridge “board” has recently sent all owners two mailings.

Interestingly, they paid for postage and personnel time out of all of OUR money – in spite of their recently claimed decision to save owners money by only using email and postings to the GGRC website for all future correspondence to owners.

I guess panic on their part forces them to do even more dumb things.

Both of their mailings were filled with so many blatant lies, misrepresentations and “false light” propaganda, it is hard to know where to start…so, I’ve decided to break apart my responses into segments….so stay tuned for more responses in upcoming blog posts.

First, The Good News!

As a direct result of my efforts to find all owners a better rental management company deal, I have personally forced RML to lower their fees for the 62 owners that were on RML.  The Gang of Six has lowered their outrageous rip off 50% management fee back down to a still above market 40%.

Like me or not, agree with me or not, this happened solely because of the deal I negotiated for all owners with Cobbly Nob Rentals.  If I had not done this, I can almost guarantee that all 62 owners would have paid the 50% fee for at least all of 2012 and probably way beyond.

If your unit has gross rentals of only $10,000 a year, this means that my actions have saved you at least $1,000 for 2012. 

For all 62 owners using RML, this amounts to a $62,000 aggregate savings for 2012.

The “board” likes to falsely tout that I have cost GGRC $17,000 for legal fees as a result of my trying to force them to abide by our governing documents and Tennessee state law – and their two lawsuits against me to try and shut me up.  (As one owner put it:  They sued me first.  So they are responsible for wasting all of our money on legal fees.) Well, even if that were true that I cost GGRC $17,000 (which I did not), then this extra $62,000 that will now end up in the pockets of owners, instead of Joe Thomas’ pockets, more than offsets their wrongly claimed $17,000 cost!

RML users, you’re welcome – but there are even better savings by only paying Cobbly Nob Rentals 35% instead of 40% to RML…plus, Cobbly Nob Rentals’ track record of 50% to 60% economic occupancy is significantly higher than Joe Thomas’ abysmal 38% average economic occupancy! 

All of this means that you would very likely still end up with thousands of additional dollars in YOUR bank account at the end of 2012 if you make the move to Cobbly Nob Rentals.  But more about that later.

If Not For Me, How Many Years Would You Have Been Ripped Off By RML?

By the way, do you realize that RML was ripping off all owners for the same 50% management fee when I bought my unit in August 2005?

Do you realize that it was through my “bizarre” and “anti-social” behavior that I was able to effectuate change to the benefit of those owners using RML back then?  Check the records,  email trail and the old web site postings to verify the facts for yourselves. (“Bizarre” and “anti-social” are just two of the slanderous and libelous terms used by Luther Parker and the Gang to try and put me into a “false light.” If you notice from their mailings, Luther and the Gang try to do that to anyone and everyone who objects to the way they want to run their little fiefdom.)

What I believe that management fee history means:  That Joey and the Gang of Six would NEVER have changed the RML management fee back to 60/40 from its current 50/50 rate – and would have continued to rip off RML users for at least the next five plus years.

This means that my actions to successfully break the RML monopoly could save each owner $5,000 over the next five years for a total savings for all RML owners of $310,000 more bank deposits in their bank account instead of the bank account of RML and Joe Thomas.

You are welcome.

Gee Joe, What Changed?

There is one quick corollary to this change by the board: Why were they overcharging these 62 owners by over $62,000 a year to begin with if you can now give up that overcharge so quickly and easily???

Gee, Joe, what changed in the last 100 days since you raise the rate on these folks? (By the way, you all are STILL being charged the 50% fee at least until the end of 2011.)

Did something change in the way of spectacular performance of RML to do away with RML’s annualized $120,000 in claimed losses that necessitated this change?  (Note to owners:  The real loss is over $150,000 a year. Click RML Real Loss for details.)

Did Joe Thomas give up his entire annual compensation and benefits so that the full $120,000 annualized RML loss would be wiped out completely?  Is that why all of a sudden there was no need for continuing to rip off the RML users by the incrementally increased $62,000 a year?

Or, much more probably, did they find out that with the monopoly broken, owners were not going to choose RML once they discovered that other companies offered a much better deal!

Not A Single Penny To Me – And A Lot More Dollars To You

Joey and the Board wrongly preach that I am in some kind of partnership with Cobbly Nob Rentals.  I am not.

I also had deals from other management companies but they were at 40%.  Greenbrier, which recently merged with Cabin Fever in Pigeon Forge, was one company that was interested in managing Deer Ridge condos.  If anyone is interested, I will be glad to forward their package to you.

Also, to again be crystal clear, I certify that I am receiving zero compensation or consideration of any kind as a result of any owner renting from Cobbly Nob Rentals or any other management company.  Period.

I just want Deer Ridge Owners to make as much money for THEIR pockets as possible.  The good news is that I have already succeeded with that goal…even if zero owners change to Cobbly Nob. (Last count I heard was that 11 owners had made the change or were in the process of changing to Cobbly Nob Rentals.)

Again, the good news is that even for those of you who unwisely stay with RML, you as a group are $62,000 better off in 2012 – and over $310,000 over the next five years.  The better news is that you can make a whole lot MORE money by making the change to Cobbly Nob – and help us in our fight to shut down the illegitimate RML which has already lost GGRC owners $2 MILLION.

In the meantime, Merry Christmas!  Enjoy the extra money in YOUR pockets!

Two Major Issues To Be Decided During December 9, 2011 Court Date

We have a scheduled court date one month from today on December 9, 2011 – that could change everything at Deer Ridge.

On May 25, 2011, I filed a motion for a partial summary judgement against GGRC and the individual “board” members in response to their lawsuit against me for non-payment of the Asinine Assessment.

My motion for partial summary judgment contends that this was a $353,500 “special assessment” that illegitimately required owners to pay the wrong amounts – and to pay for improvements that had not been properly approved.

If I win on just these two points, it will have a massive, permanent impact on the way things are done at Deer Ridge Mountain Resort.

• It could mean that the special assessment may be rescinded in full by the Judge – or that everyone’s payment amount has to be recalculated – including requiring the “board” to return part or all of the payments made by some or all owners.
• It could mean that the individual board members may be held personally liable to repay over $200,000 that were paid on improperly approved alterations and improvements.

If you click on the below image, you can download and read the full 17 page motion to see our major points of issue.

Why A Partial Summary Judgment?

As you can see from the motion, all we are requiring is that the Judge simply read the GGRC Master Deed and Bylaws and rule on his interpretation of these documents.  There is no testimony that is needed – just an interpretation of the documents.

It is my belief that our Master Deed and Bylaws are crystal clear:

• That they require a very specific formula for pro rating all assessments, both monthly and special, that are dependent on the size condo you own at Deer Ridge.  It is our contention that the “board” continues to violate the governing documents for Deer Ridge by charging the wrong amounts for all monthly assessments and for any special assessments.  Based on my calculations, all 30 of the owners who own a 1-1 unit at Deer Ridge are being overcharged by 82%!
• That ALL improvements and alterations, irrespective of cost, require BOTH a 75% positive vote of all owners AND a 90% positive vote of all mortgagees. It is our contention that the 75% vote has been rarely done – and that the 90% has NEVER been done.  If this is ruled in our favor, this means that the “board” acted ultra vires – which means that they knowingly spent a huge amount of OUR money without the proper approvals – which subjects them to potential liability to repay GGRC these monies.

All we are requesting with this motion for partial summary judgment is that the Judge read the 89 page GGRC documents and rule based on his interpretation.

Our hope is that he will quickly see that our interpretations are the only ones that make any sense – and not the contrived, illogical and stretched interpretations that the “board” has depended on for so many years.

If we lose on the motion for partial summary judgment, we have several other defenses that we will use in the trial – defenses that require evidence and testimony that are not allowed for summary judgement but are allowed in trial.  However, we are highly confident that the Judge, upon reading our Master Deed and Bylaws, will rule in favor of our interpretations.

Get Ready For A “Run On The Bank” If We Win This Partial Summary Judgment On Voiding The Special Assessment

If we win just one of the two major defenses in this partial summary judgment AND win this one part of our ongoing lawsuit, it may possibly have the effect of negating the “special assessment” for everyone – especially those who push the issue in Court like we have.

The problem for the “board” is that they and Joey have already spent your money!

In our case, we already have our money – because we were smart enough to not pay it to them in the first place.  For all owners who have paid, if we win even one of the two points, I would recommend that you hurry up and get in line to get your money back as soon as you can.

Note: I am NOT an attorney and do not give legal advice. Ever.  Period.

However, from a business perspective, I would strongly advise you try and get your special assessment back ASAP.

You might consider taking the above 17 page document to your own attorney and have them use this as the basis of your own lawsuit against GGRC and the board for recovering your own two payments made on the “special assessment.”  By using our document as a starting point, you might be able to save yourself some legal fees.

The other, derivative impact will be an immediate, required change to the monthly assessments that all owners pay to GGRC each month.

Repayment of $200,000 By Board Members As Individuals

If we win on the 90% mortgagee issue on this motion for partial summary judgement, it is my hope that this will make the individual board members personally responsible to repay the more than $92,000 (26% of the total “special assessment”) that was illegitimately spent on the walkways and lighting improvements and alterations since their actions were ultra vires.

Of course, this partial summary judgement ruling will just deal with the $92,000 of illegitimate Article XII funds that have been spent without proper authority. Based on my initial analysis of several expenditures made by the board, I calculate that all illegitimate Article XII funds spent already exceeds $200,000.  These are monies that required a 75% vote of ALL owners AND the vote of 90% of ALL the mortgage holders for all mortgages at Deer Ridge.

My personal goal if we win on this 75% / 90% issue is to force the individual board members to repay ALL $200,000 back to GGRC along with interest, etc. with our derivative action part of our countersuit.

While We Are In Court – Other Motions May Also Get Decided

Since my attorney and I will already be there, we intend to present other motions before the Judge:

• An emergency motion for the Court to require all monies be paid to the Court by GGRC that are supposed to be in a separate escrow account for the property insurance that equals approximately $45,000 a year.  Our Master Deed requires this separate escrow account to protect all owners.  Our “board” has chosen to ignore this part, and so many other parts, of our GGRC documents, with the result that they have put all owners at significant risk.  By requiring the funds to be paid into the Court, these monies can be protected.
• An emergency motion for the Court to appoint a receiver to take over all management and control of GGRC.  The “board” continues to keep our HOA in the money losing motel business.  According to their own board meeting meetings in August 2011, they were forced to admit that they lost over $58,000 of OUR money during just the first six months of 2011.  This is money that is gone forever from our GGRC reserves.  This amounts to almost $120,000 a year.  On top of this, they are trying to fool all owners by wrongly allocating an additional $16,000 a year in RML expenses by showing them to be GGRC expenses.  If all cost accounting were done properly, RML would be shown to lose over $150,000 a year – or more than HALF of our HOA fees that all owners pay to GGRC each month.  I successfully found a better management company for all owners who want to rent their unit.  RML charges 43% more than Cobbly Nob Rentals – so there is no need for RML by any owner.  Since the “board” is unwilling to shut down RML, and continues to mismanage and negligently operate GGRC, we will immediately seek that a court appointed receiver take over all operations – and remove all decision making from Joe Thomas and every member of the “board.”  If we don’t do this, GGRC is at significant risk of being forced into bankruptcy.

These are just two of the additional motions we intend to aggressively pursue in court on December 9th.  Additionally, if the “board” tries to implement ANY changes to the rules and regulations regarding balcony use or the like that are discriminatory toward resident owners, we will also aggressively challenge the “board” by showing an ongoing and flagrant pattern of discrimination.

In addition to all of the above, our attorney is currently working on additional, new filings with regard to derivation action against ALL “board” members, deceptive trade practices by Joe Thomas and other actions that are anticipated in the very near future….including SIX more Deer Ridge Owners joining our lawsuit against Joe Thomas and all “board” members.

We Live In Interesting Times!

Stay tuned….we may be seeing paradigm shifts in the way things have been done for many years at Deer Ridge.  And justice may start December 9, 2011.

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!

New Video Posted On Our DeerRidgeOwners Channel On YouTube!

Summary Judgment Goals On Our $3 Million Lawsuit

Issue: The GGRC HOA Board Is violating the Deer Ridge Mountain Resort Master Deed and Bylaws by overcharging all 30 owners of one bedroom units by a whopping 82% per month!  This means that all 30 owners have been overcharged during the past 68 months an aggregate $408,540.

This is just the overcharge — not the total paid!

We have filed a $3 million lawsuit against Deer Ridge Mountain Resort Gatlinburg, Tennessee, its General Manager and all individual board members. Several of these issues may be decided very soon in response to our Motion for Summary Judgment.

Our $3 Million HOA Lawsuit is against the HOA, Deer Ridge Mountain Resort, AKA Gatlinburg Golf and Racquet Club (GGRC) HOA. It is also against General Manager and “board members” Joe Thomas, Luther Parker, Larry Ohm, Margie Duncan, David Barone and Tom Reise, all as individuals.

Full details on lawsuit at: http://DeerRidgeOwners.com.

Primary Goals of Lawsuit:

1. Force HOA Board and General Manager to abide by both Tennessee State Law and Deer Ridge governing documents.
2. Do away with RML and Ridge Resort Realty as illegitimate ultra vires entities – and stop the $152,000 a year loss to our HOA, GGRC, each year caused by RML.
3. Force the HOA, GGRC, to abide by the Master Deed Percentages and stop financial discrimination against 36% of all owners.
4. Force the HOA to stop overcharging the 30 one bedroom owners by a whopping 82% each month.
5. Force the HOA to stop overcharging the 30 one bedroom owners for assessments, water, and other services.
6. Stop 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.This is a specific requirement of our Master Deed but has ALWAYS been ignored by the Board. Over $200,000 illegitimately spent in last 5 years.
7. Force the HOA, GGRC, to abide by Tennessee State Law and finally provide the REAL books and records in the format required by the Horizontal Property Act of Tennessee.The Board has continuously fought providing these books and records to owners for more than FIVE YEARS. (Makes you wonder why, huh?)

This presentation deals specifically with just one of those four issues up for Summary Judgment: The GGRC HOA Board Is violating the Deer Ridge Mountain Resort Master Deed and Bylaws by overcharging all 30 owners of one bedroom units by a whopping 82% per month!  This means that all 30 owners have been overcharged during the past 68 months an aggregate $408,540.

This is just the overcharge — not the total paid!

This amount also does NOT include the OVERCHARGE for water, cable TV and special assessments!

This is just ONE of MANY reasons behind our $3 million lawsuit against the HOA, Deer Ridge Mountain Resort, AKA Gatlinburg Golf and Racquet Club (GGRC) HOA. It is also against General Manager and “board members” Joe Thomas, Luther Parker, Larry Ohm, Margie Duncan, David Barone and Tom Reise, all as individuals.

We will have separate presentations on the other three issues for Summary Judgment — so stay tuned for those videos!

Additional Domain Names

We just added a couple more domain names to our list: 

• DeerRidgeReviews.com
• DeerRidgeMountainResortReviews.com

These are in addition to DeerRidgeCondo.com and DeerRidgeCondos.com.

All four of these domain names now forward to our new Deer Ridge Reviews Page here at DeerRidgeOwners.com.  Click Reviews to see this new page.

Why Deer Ridge Mountain Resort Reviews?

Deer Ridge has been receiving a LOT of very negative reviews from disgruntled guests and tourists. 

Trip Advisor, Expedia, Orbitz, Travelocity and many other travel related sites contains some very negative reviews and complaints about Deer Ridge Mountain Resort. Our goal with this article is to help get these issues resolved for the benefit of both guests and owners. I personally believe it is unethical the way that many guests are being treated by our property management company, and the way their vacations are being ruined, and hope this page will help to rectify this growing problem.

As an owner, and full time resident, at Deer Ridge Mountain Resort, we can’t help but overhear dissatisfaction from many tourists who rent condos here.

Most of the rental units here are managed by Joe Thomas who is in charge of the on site property management company, Ridge Management Ltd. – otherwise known as RML. I personally believe that the reputation of Deer Ridge is being very negatively affected by RML and its management by Joe Thomas – but I invite you to read the article, watch the videos on Youtube.com and make your own decision.

We hear a lot of these complaints from tourists and guests while we are walking the property or when we go to the office for our mail. A lot of times, husbands and wife and kids are even screaming at each other in the parking lot or on the balconies that, “They are NOT going to stay here because of…” A lot of other times, the guests are yelling at the office staff.

The reasons for all of this turmoil vary – Reviews Page  shows the executive summaries of the “Top Two Dozen Complaints” we hear – and what we believe to be the root causes of the arguments and fights. Deer Ridge  Reviews Page  also shows the actual cut and paste from the travel sites so you can see the full review many past guests have already posted for the world to see.

Deer Ridge Walkabout Video

Also, shown below is a video also on Deer Ridge Reviews Page  that shows over five dozen very recent photos of the property – so you know exactly what Deer Ridge Mountain Resort currently looks like. (We have another, more comprehensive Deer Ridge Mountain Resort Review video in the works that should be posted shortly.)

I know that many owners don’t have the opportunity to visit the property often…so this video on YouTube.com will hopefully give you, and prospective tourists, a good indication of what Deer Ridge Mountain Resort currently looks like to everyone who visits or lives here.

Robert

PS:  Be sure and check out the recent video that shows the deplorable condition of Joe’s Folly – Our Pathetic Pavilion.  Just click Folly.

PPS:  We expect that we will be able to capture a lot of Gatlinburg tourist traffic with these new domain names along with the rapidly growing presence of our Deer Ridge Owners Channel on YouTube.com. 

We want to use that newly generated traffic to help owners rent their units directly.  We will be adding a special section to the Reviews Page:  A listing of links or contact emails for Deer Ridge owners who want to rent their units directly and avoid paying the 40%, and other fees, to RML.  Be sure and let me know what information of yours that you want to have included.  There will be, of course, no charge to owners for this.  

Hopefully, we will be able to greatly reduce tourist complaints about Deer Ridge by cutting RML out of the loop.

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!

As you know, it is my personal opinion that neither Joe Thomas nor the “Board” at Deer Ridge Mountain Resort are trustworthy.  I personally consider them totally unethical too. 

Want Some Proof?

Of course, all of the above is my personal opinion.  But let me show you some recent court documents that might convince you.

The illegitimate “board” at Deer Ridge had threatened to file suit against me and others who objected to, and did not pay, the equally illegitimate ”special assessment.” 

Our attorney notified Chuck Sexton, attorney for GGRC, that we had filed a $3 million countersuit against GGRC, Joe Thomas and each individual “board” member.  He made it clear to Sexton that there was a prior pending suit.  Sexton acknowledged the suit during a phone call with our attorney who then followed it up with a June 17th letter to Sexton (see copy of letter below.)

In spite of this knowledge, and Sexton’s specific agreement to not pursue the July 12th hearing for judgement against me, the Despicable Gang of Six went ahead and got a summary judgement against me on July 12th for $2,230! 

Note that this was almost a full month AFTER notifying Sexton.   Talk about untrustworthy and unethical! 

“Gee, We Didn’t Know The Gun Was Loaded…”

This breach of ethics was discovered by me on August 2nd when I went to the courthouse and requested a full history on all the litigation between me and Joey and the “board.”  (See copy of Court Docket Summary below.)  Needless to say, I was surprised, though I shouldn’t have been, that the Gang of Six had done something THIS unethical.  Neither I nor my attorney had showed up for the July 12th hearing since Chuck Sexton had assured us that the issue would be dropped due to the precedence of our $3 million lawsuit. 

We had believed Chuck Sexton – but clearly shouldn’t have.

When Sexton was confronted regarding this issue, his claim was that this was just an “accident” and should not have happened. 

HOWEVER, if you notice on that same Court Docket Summary below, they ALSO had filed a writ of execution to attach my bank accounts for payment of this illegitimate judgement on July 26th – two weeks AFTER the default judgement.

In spite of what Sexton said, this kind of writ of execution does NOT happen by “accident!”

To me, this is clear evidence of Joey and the “board” unethically attempting to grab money out of my bank account with an illegitimate judgement.

We are considering sactions, and other legal recourse, as a consequence of these reprehensible actions by GGRC et al.

Joey And “Board” FORCED To Set Aside The Judgement Against Me

The following court documents show how Joey and the Board were forced to set aside their entire judgement against me and that our countersuit against them has taken complete precedence over any claims that they may think they have against me.

This time Joey and the “board” were stopped. 

If you are also being sued by these people who are illegitimately manipulating GGRC, I invite you to join in our $3 million lawsuit against them.  This way, you may be able to probably gain the same level of protection from their lawsuit against you that I have.

The bigger point to all Deer Ridge Owners:  If Joe Thomas and the ”board” are THIS untrustworthy on something as clear as this – then what actions and decisions, just maybe, might be going on by them that are at least as unethical as their actions have been with this illegitimately attempted judgement?

The other issue:  All of that work by Sexton on behalf of the Gang of Six cost GGRC, and ALL owners, more money for legal fees.  And, every bit of OUR money spent on this was wasted by Joey and the Gang.

Are these the guys that you REALLY want handling a MILLION DOLLARS A YEAR of our money at Deer Ridge?

Documentation Proof

The below court documents are the written proof on the above allegations, statements and opinions.  (Just click the small thumbnail image to get the BIG picture.)  As always, all of the above is just my personal opinion.  Please see the left sidebar for the full disclaimer.

Also, let me know what you think by posting your own comment below.

HOA Management Versus Rental Property Management

Since there is no legally elected Board of Directors, and hence, no legally hired General Manager at Deer Ridge Mountain Resort, I have begun the quest for a competent HOA management company.

This is not to be confused with a rental property management company such as RML that worries about rentals of the units. Instead, a HOA management company does many, if not all, of the usual general manager duties plus the bookkeeping duties for the HOA. They also take care of all of the maintenance and administration without the HOA having to worry about hiring full time people, paying employee overhead, worker’s comp insurance, vacation days, etc.

In other words, a company that specializes in HOA management does Joe Thomas’ job for GGRC for a whole lot less money – and does a whole lot more for the HOA than Joe does – even with the lower cost.

These kinds of companies exist because there are so many condo associations just like Deer Ridge – where the property is too small to be able to cost justify a full time staff and, frankly, doesn’t need the full time staff to take care of the needs of such a small complex. Deer Ridge Mountain Resort, with only 84 units, is such a small complex that it doesn’t need, and cannot afford, to pay for the full time people that are inappropriately charged to GGRC.

In my opinion, Joe Thomas and the “board” intentionally try to “muddy the waters” in an attempt to hide what are the real cost requirements for operating our Home Owners Association, GGRC – and the real costs of running RML and staying in the motel business. The real needs of GGRC – and the real costs – to operate our property as the residential community that is defined in our Master Deed and Bylaws are low. The real costs for operating RML are very high. Very, very high.

In my opinion, this is just part of the major lies and deception by Joe Thomas, Larry Ohm and the rest of the “board” that will be detailed on an upcoming post about the “RML Lie Exposed: RML Actually Has Negative Cash Flow Of $152,000 Per Year“

Actual Deer Ridge Bid – From HOA Management Group

However, back to solving the GGRC management cost issue.

We’ve received a detailed bid from a local HOA management company called HOA Management Group.

Their bid was based on my providing them with detailed financial statements and audits of GGRC and RML – with the clear understanding that I was just an owner at Deer Ridge and not personally empowered to make a decision. Their company:

• Has been providing HOA services in the area for over a dozen years.
• Has managed over $800 million in HOA property at over 50 different locations throughout East Tennessee.
• Has their own accounting and maintenance people along with their own lawn care experts.
• Prepares the annual budget for the HOA.
• Collects HOA fees and assessments.
• Includes all the bookkeeping in their charges.
• Generates management reports that include monthly management summaries, balance sheet, income and expense statements, budget performance, collection report and bank reconciliation.
• They maintain the state-required HOA “Administrator’s Book” that seems to be so difficult to produce with the current management team led by “full time” General Manager Joe Thomas.

Here are the pages from their brochure:

Their Bid

Their bid had the following cover letter:

RE: Deer Ridge Home Owners Association

Dear Mr. Goodman:

We have reviewed the budget which you sent us from your property. We agree that a Home Owners Association funding and operating a for profit Overnight Rental Company in which not all of the owners do not participate in, could greatly complicate things for your Home Owners Association. However, for a complete opinion we suggest you seek legal counsel.

As far as your Home Owners Association, we feel we could operate it in an efficient and unbiased manner and save you thousands of dollars.

All of the salaries, accounting and clerical work pertaining to the operation of your HOA would be removed from your budget.

We would most likely be able to save you a considerable amount on your insurance and pool maintenance and supplies.

If the decision makers on Your HOA Board would like to meet with us, we would be happy to conduct a complete analysis of your budget and operating finances.

The following page is a preliminary proposal based on the information we received without an in depth understanding of the scope of work required in operating your HOA and property in its entirety.

Thank you,

Cody Farmer

The summary of their bid includes:

• A one time set up fee of $1,680 to audit the books and records
• A monthly management fee of $1,680 per month plus any and all late fees they collect
• Maintenance done at $25 per hour for individual homeowners’ repairs.
• Maintenance for common areas at $40 per hour without a maintenance contract and at $20 an hour with a maintenance contract.
• All monthly bookkeeping included, which would also save GGRC thousands of dollars per year.
• All personnel would be their people – not ours – so there would be no cost to us for all personnel related costs. This also means that they provide the back up folks for vacation, illness and resignations and firings.

You can see their full bid by clicking Bid and view their brochure by clicking Brochure.

Bear in mind, that all of these activities are strictly GGRC related and have nothing to do with the illegitimate RML and its’ activities.

An upcoming post here on this blog will show the details of how RML is costing GGRC over $152,000 EVERY year – and how Joe Thomas and Larry Ohm and the rest of the “board” have, in my opinion, been grossly misrepresenting this fact for YEARS.

This Is Just One Sample HOA Management Company

This one bid already shows that GGRC could save tens of thousands of dollars each year if we didn’t have to worry about the “Joe Thomas Continued Employment Act of 2010.”

From a cursory due diligence of Cody Farmer’s bid, his company certainly seems like a major improvement over Joe Thomas and a major savings to our home owners’ association. But there may be even better, even more cost-effective solutions available to Deer Ridge once we start really comparing competing companies.

Either way, there IS a better way than using Joe Thomas to manage GGRC.

A whole lot better way – in my opinion.

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.

Well, the illegitimate “board” is at it again – continuing their ongoing attempts to coerce and intimidate ANY and ALL owners who dare to object to their abuse of power and attempts to continue their illegal fiefdom by breaking both Deer Ridge Law and Tennessee State Law.

This time, it is yet another mailing to the entire ownership at Deer Ridge, wasting ALL of our money, with Joey and the “board” trying desperately to hold on to their positions.

They are so panicked by so many owners who are starting to see “the light” that the Asinine Assessment is invalid and that the “board” itself is illegitimate.  Since the “board” is continuing to violate Tennessee State Law by blocking access to the books and records, it isn’t clear how many of us have not paid their special assessment.  But our guess is that there is a SIGNIFICANT number who refuse to pay.  So, their threats and attempted intimidation have increased.

Let’s dissect the latest Luther letter attacking me so we can all find out the real truth.

First Point

As you can see, they are trying deflection as a defense against their own illegal activity. Luther, you ought to know all about Deflection Defense Mechanisms as a common “reactive” response to feedback.  I give you guys feedback you are breaking the law and violating the Deer Ridge Master Deed and Bylaws – and you all try to deflect it by claiming now that I am somehow doing something illegal.

They aren’t trying to protect the owners – they are spending OUR money on legal fees to protect and cover their own collective asses.  They already know when this thing goes to trial that their stretched and flawed misinterpretations of the Deer Ridge Documents will NOT stand up to the light of day.

For whatever reason, Joey and the “board” will spend whatever legal fees that they need to spend just to try and support their contrived, stretched and flawed misinterpretations of the Deer Ridge Documents as their way of blocking access to the records we have a right to.

Just why do they do that?

Why do Joey and the “board” even try to block access to books and records that Tennessee Law guarantees we have a right to access?

Why, on earth, not just say, “Of course…help yourself.  You have a right to them.  Be sure and let us know if you find any problems or issues.”

Shouldn’t THAT be the response of an open board operating within Deer Ridge and Tennessee Law – instead of them wasting every one’s time and energies looking for every contrived and illegitimate loophole to block every owner’s access to the financial records of OUR investment?

Since Joey and the “board” are NOT responding the obvious way they should, what conclusions do YOU reach about the ways things are being done – and what secrets they are trying to hide?

Well, let’s keep looking at their most recent attack letter in detail.

They accuse me of name calling and insults – yet they refer to my “aggressive anti-social behavior.”

Firstly, when I voice my opinion, I state it is my opinion.  As a matter of fact, every single blog page at my site has the following disclaimer in the left column:

Legalese On

GENERAL DISCLAIMER FOR ALL PAGES AND POSTS

Note: The following, and the information on any and all other posts and pages by me about General Manager Joe Thomas, GGRC, RML and /or the Board of Directors and its members, or any related topics, are my personal opinions based on my ongoing investigation into the actions and inactions of the GGRC and RML Board of Directors and / or Joe Thomas, General Manager.

While I believe these allegations to be true based on my objective analysis, these opinions remain as only allegations until I, or others, prove things in court.

My goal is to offer all owners all the information and evidence that I have available so that everyone can reach their own conclusions.

Legalese – And Powered Wig – Off

I would say that is pretty clear with regard to my opinions about things.

However, in the case of Luther’s personal attack letter, his statement regarding my “aggressive anti-social” behavior is a medical and psychological diagnosis that is given as a statement of fact, not opinion.  As such, their statement qualifies as libel and defamation of character that is without disclaimer, without proof nor supporting predicate.  If you look up the actual meaning of the term, “aggressive anti-social behavior,” you get something like this:

“The human that should be most feared is the one that has Anti-Social Personality Disorder or in psychology terms the sociopath and or psychopath. The psychopath is probably the most deviant mind that exists and treatment is not very successful because there is not a cure or drug to control it.”

Gee, guys, do you really think I am THAT bad just because I want to see the books and records?  Neither will a court of law when this issue of libel and defamation of character is included in the lawsuit.

This is just another example out of many where Joe Thomas and the “board” have resorted to vilification of me as a way to attempt to sway other owners at Deer Ridge that my justifiable points are not valid complaints about the way things are done in the Fiefdom just because I do not goose-step to the beat of their drummer.

Likewise, their statement that what they are doing with regard to “suspension of membership privileges is clearly sanctioned in our By-laws” is patently a lie.  There is NOTHING in the Deer Ridge Master Deed and Bylaws that blocks an owner AT ANY TIME from their right to review the books and records in accordance with Tennessee State Law.  They are using this LIE as their last-ditched attempt to block me from discovering their “secrets” from the thrice-demanded review notice that I have sent them.  They KNOW that I will find their secrets – and they fear that their carefully constructed apparition at Deer Ridge will be exposed for all to see.

Second Point

Back to Luther’s Attack Letter:

Funny, I don’t see ANYTHING in the minutes issued by David Barone that show ANY of the above discussion occurred.  If David didn’t include it in the minutes, it must not have been discussed, right?  Luther, do you have an audio recording of the meeting that we could depend on for clarity of this claim?

Actually, my answers to those three questions is Yes, Yes, And Not So Fast.

• Fire Joe Thomas?  Absolutely.  Details were previously given and are posted at my blog.  Click Fire Joe Thomas for more than 15 specific reasons for firing Joey WITH CAUSE.
• Yes, fire the “board” – for being illegitimate, for ultra vires violations of their duties even if they were a legitimate board, for continued violations of both Deer Ridge law AND Tennessee State Law.  And that’s just the start.  This blog is filled with uncountable other reasons that this entire “board” should be fired.
• Eliminate the rental program?  No.  Eliminate RML as an albatross around the neck of GGRC?  Absolutely.  According to the independent legal opinion we received, RML is NOT a legitimate business for GGRC to own and fund.

So, again, Luther has misstated the conversation.  Again, another example where it would be nice to have an audio recording of our board meetings, huh?

Third Point

Again, they falsely claim my “illegal activity” as a deflection from my identifying their own ongoing violations and illegal activity.

Luther claims he wants to take legal actions regarding the accusation of fraud, theft of services and dishonest actions.  Gee, Luther, all you have to do is open up the books and records as REQUIRED by Tennessee State Law.  The fact that you will not, and will fight tooth and nail to prevent it, is pretty strong evidence of the very issues of fraud, theft of services and dishonest actions you are pounding your chest about.

Open up the books and records, Luther. If you have nothing to hide, why do you try even laughable loopholes in your ongoing attempt to conceal your secrets?  I believe the judge will find your ongoing refusal to abide by Tennessee State Law a very strong justification for MANY owners to believe that you and Joey and the rest of the “board” are guilty of something.  Trust me when I tell you, we WILL find out.

As to the legal assistance being costly – again, it is brought on by you and Joey and the rest of the “board” – not as a need for the Owners.  You will be the ones who will be held responsible for those legal costs.

There is more support for justice at Deer Ridge than just me, Neil and Jim.  Others have joined in with us and our goals for Deer Ridge to abide by both Deer Ridge Law and Tennessee State Law.  None of us are interested in you and Joey and the “board” doing all you can with our money to “preserve Deer Ridge as we know it”  We are ready for the Fiefdom to end, for “Deer Ridge as we know it” to end – and for the power on this property to be returned to ALL the owners.

Fourth Point

Again, we have more than just two supporters – and it WILL be an issue for the courts. 

“Board” Meeting Minutes

The following is Luther and Joey and the rest of the “board’s” threat to counter sue me, individually, as a way of attempted intimidation as a last ditch effort to stop the upcoming lawsuit for which they will have little, if any, defense.  Here’s a clue, guys:  I am not intimidated.  Also, your claims are so frivolous on every level, that be assured that I will seek sanctions against your attorney for even attempting to pursue these ludicrous points.

But, let’s take them, one by one:

If you read the law, you will see that it does not apply with regard to my contacting other CO-owners about an issue of dispute on OUR property.  Furthermore, the mailing list of all owners of Deer Ridge – both names and mailing addresses – are a matter of public record to anyone in the entire World.  Please click Deer Ridge Owners: TN Public Record – Your Home Address, Purchase Price and Date, Etc. The GGRC mailing list is NOT privileged information since ANYONE can get it – hence there is NO violation of the law.

Again, as a CO-OWNER questioning the validity of illegitimate actions taken by an illegitimate “board”, this action is not interference with contracts.  If I was not a CO-OWNER, there might, just maybe, be a flicker of hope that they could even then claim this part of contract law.  The fact that I am a CO-OWNER questioning the validity of illegitimate actions taken by an illegitimate “board” makes this a totally spurious and frivolous claim – and I believe any judge would see it as grounds for sanctions against any attorney who would even attempt a suit or counter suit on these issues.

I’m willing to find out.  How about you all?

Again, here goes Joey trying to deflect his own, multiple issues of mail tampering.  Click Joe Thomas Mail Tampering Evidence for details.

We invite him to file whatever complaint he thinks he has since it has to do with a Deer Ridge bill that was delivered to us by Deer Ridge office staff with our mail – and it was a bill that we, as owners, had a right to have a copy of it in the first place.  Hence, there was no tampering and we never violated anything.  Additionally, we have already discussed this issue with the Gatlinburg Postmaster at the same time the Joe Thomas Mail Tampering Evidence was turned over to the same Postmaster.  The Postmaster’s response to the “smoking gun” hand written notations by Joey on those four individual envelopes was that “he wanted to keep those originals as evidence.”

Again, just more attempts to try to deflect the focus away from Joey’s own mail tampering – and more attempts to dredge up ANYTHING they possibly can so they can create noise to obscure the silence of their secrets they are so desperately trying to hide in the books and records of GGRC.

Now, this really IS laughable.  RML is barely hanging on by a thread already.  From everything we are hearing, it appears to us that they are even having trouble making payroll.  So, this is just that much more attempted intimidation that they will remove ANYBODY from the RML rolls.

However, as one owner found out, they WILL keep your share of the rentals if you have not paid your illegitimate Asinine Assessment.  In that owner’s case, he gave Joey 60 day notice that he was no longer going to use RML.  If we can just get another 10 or 12 other owners to do the same thing, RML will crumble under its own weight – and even the “creative accounting” of the “board” will no longer be able to hide how much money from GGRC it takes to support the RML albatross.

Do yourself a favor:  Give your own 60 day notice to Joey – and find another management company to rent your unit – so you get to keep YOUR money.

The Truth Shall Set You Free

As John 8:32 says, “And you shall know the truth, and the truth shall make you free.”  I hope the above sets you free from the diatribe and lies of Luther’s latest attack letter to all owners at Deer Ridge.

Now that you know the truth, help free GGRC and do something about this illegitimate power hungry “board” who ignores Deer Ridge Law and Tennessee State Law – let’s finally get rid of a “board” with secrets that dare not be told.

Donate today to the Deer Ridge Litigation Fund.

The following is a Guest Post by Neil Blair regarding his notice to Quit RML.

I just told Joe Thomas and the “board” that -IF- they were planning to withhold our portion of the rental income to cover the Very Special Assessment, then we were giving our required 60 Day Notice to terminate our Rental Management Agreement with RML….

I really think RML will miss the approx. $4,000 in commissions our unit generated last year – not to mention ALL the other Misc. fees and repair referrals they get from us…

I have a feeling that a two person cleaning service will have some new accounts and VRBO.com may have several new Deer Ridge websites up VERY soon if Management and board continue to drive RML participants away with all their Tom Foolery…

How many RML rental units are they willing to lose, to keep all their secrets safe????

Thanks,

Neil Blair  C-208

The Most Recent Attack Letter And Your RML Rents

In the most recent Attack Letter by Joey and the “board”, they stated, “Joe Thomas proposed that GGRC owners under contract with RML who have not paid their assessment due March 1, 2010 be removed from the RML rental program. The Board will consider putting this proposed action to vote at the April 23, 2010 Board Meeting.  Discussion: All Board members agreed.”

Notice the wording in their threats to Owners:  “Joe proposed…”  and they “will consider putting this proposed action to vote…”

Folks, RML is barely hanging on by a thread right this minute.

Joe Thomas and the “board” had counted on this Asinine Assessment to cover their cash flow short fall in RML – and so many owners are NOT paying, that they can’t seem to rob Peter to pay Paul and all the other folks they had promised.

Even though they had committed to escrow all the assessment money received, I am willing to bet a lot of money that we find those funds have already been invaded by Joey and the Boys to prop up RML’s negative cash flow from operations.  Once we get the lawsuit filed and demand our production of documents, I bet we will find proof of this.

S0, for them to even threaten Owners with kicking them off of RML, is ludicrous.  Hence, all the waffle words in their Attack Letter.  They can’t afford to lose even one unit’s income – let alone all the folks who are not paying the Assessment who are currently on RML.

They May Already Be Grabbing YOUR Income

But Neil brings up a great point – they may just start taking all of your rental income if you don’t go ahead and send them your 60 day notice now when rentals are virtually non-existent anyway.

What do you want to do with YOUR unit and RML?

My guess is that once another 8 to 12 owners come to the wise decision that RML is NOT in their best interests – but only in Joey’s Fiefdom’s best interest, then RML will quickly crumble under its own weight.

Make sure you have  a better solution already in place for the upcoming high occupancy summer months.  Make your change now.

I received this email yesterday from another 1-1 Owner at Deer Ridge in response to the blatantly self-serving attack letter by Joe Thomas and the “board.”   With this Owner’s approval, I am including it here as an example of the support I am receiving from a number of other owners who are equally outraged at the “board’s” continuing abuse of power.

Unlike what the “board” would have you believe, the “Deer Ridge Dissidents”  number a WHOLE lot more than 2 or 3 of the 80 plus owners at Deer Ridge.

Sent: Sun, Apr 4, 2010 5:58 pm

Subject: Here He Goes Again

Dear Robert,

Happy Easter, I hope that you were able to enjoy most of the day.

The only reason I am writing now is because I will be on the road early Monday morning.  Maybe you won’t get this till after the holiday.

Of course you received that next nasty letter where the illegal board is threatening to sue you now.  It is unbelievable that they would go to these lengths to protect their abusive if not illegal way of conducting what they call business.  It is about as construed as can be and makes me sick.

So, I assume you did not see the books.  And there is nothing in the docs that I can find that states that, if assessments are not paid, they take your property off the rental program.  And of course I found nothing that says that about the extra assessments not being paid meaning you can’t vote in election.

Are you planning on going to the meeting?  Certainly we are not the only ones that can see how they are bullying their way around.  Especially with our funds.

You would think that if there were intelligent members, they would be interested in settling this with the utmost efficiency and at least opening a dialog with those of us that have legitimate concerns. But no, instead, they are refusing to acknowledge that we even have a say and continuing to decide how to waste more of everyone’s’ funds.  The difference is that you were spending your own funds and that they think they can spend ours on attorneys and nowhere in the docs did I see that they had the authority to go after a resident that they don’t agree with our money.

I will send another letter to the board and let them know how I feel about their trying to use our money on a lawsuit that not every owner agrees with.

I am truly heartsick about the way the board ignores the owners they feel like ignoring.  And Joe Thomas’ attitude is that of a belligerent, rude, bully, and I can’t see how anyone could do business with him.  If he was upfront instead of so secretive, it would be different.  If he truly thinks he is doing a service to all of us, let him explain it in a rational way and show us all we deserve to see and know about how he handles his business. This is such nonsense, let me know what next to do.

Please don’t feel obligated to reply, I will be out of town until the 13th of April and will be able to check my email then if not before. In the meantime I wish I could think of a way to get the truth out in the open for all of us to know.

You can forward this letter to those of us that are trying, with you, to get these matters straightened out.  (The full text is in the Password Protected Litigation Area.)

Thank you again for your effort.

What are YOUR thoughts over the latest attack letter by Joey and the Boys?  Comment here.

I received the following letter from Chuck Sexton, attorney for GGRC, with regard to my demand to see the books and records of both RML and Ridge Resort Realty.  These books had been constantly refused to me for the entire time I have owned at Deer Ridge.  Joey and the “board” have done all that they can to keep ANY owners from really seeing and analyzing what goes on with GGRC, RML and RRR.

Victory!

Now, due to my efforts, we ALL have an “apparent” right to see these books and records.

The “Board” Is Responsible For The Increased Legal Fees

Firstly, this battle over the owner’s rights to see these records should have never needed to happen.  If the “board” was forthright and accommodating – without being SO worried what owners would eventually see from a REAL examination of the books and records, then the attorney would not have been involved and legal fees wasted with them trying to BLOCK our rights to see these records.

Instead, Joey and the “board” are willing to spend whatever of OUR monies are required on legal fees to interfere with our rights to the information on Deer Ridge.

They are the ones who are responsible for these additional costs – NOT the owners who have an unimpeded RIGHT to this information.

Only An APPARENT Victory

I say this is only an APPARENT victory for the owners at Deer Ridge.

In spite of the legal opinion of Sexton, Joey and the “board” continue to block any and all efforts for access to the Tennessee State mandated Administrator’s Book and supporting vouchers.  They are SO desperate to hide what I believe are MAJOR financial misdeeds – that they will do anything, including being guilty of breaking the law.  I have requested this information THREE times in the past month and they refuse to provide it.  This time their excuse is that I have not paid their illegitimate assessment.   However, the Deer Ridge documents give them NO right to withhold this information for ANY reason.  And, Tennessee State Law reaffirms our rights to this information.

As a consequence, Joey and the “board” are forcing this thing to court – that will require even more legal fees.  And these legal fees are NOT being spent to protect the owners – they are being spent by Joey and the “board” to protect their private little fiefdom so their abuse of power can continue – without being held accountable for what I believe are MAJOR financial shenanigans that are to the detriment of everyone except the few who are abusing their power at Deer Ridge Mountain Resort.

———————————

PS:  If you have paid your assessment, try and even see the “Administrator’s Book and Supporting Vouchers” that must be maintained in chronological order.  You should have a right to COPIES of this according to the independent legal review.  If so, please see if they come up with even more excuses as to why you can’t see these.   I’m willing to bet that no regular owner requesting this information can access it.

And, THAT, my fellow owners, should be a HUGE red flag signaling major problems with the way the $1 million a year that flows through Joey’s hands is being handled.

Most folks don’t realize how much information is part of the public record when you buy real estate.

Did you know that you, me or anyone in the entire World can find out that you own a condo at Deer Ridge Mountain Resort, when you bought it, how much you paid for it, and how much it sold for during the entire time since it was constructed?  On top of that, anyone can even find out your home address.

Don’t believe me?  Let me show you how it is done – and how YOU can find out this same information on ANY condo at Deer Ridge.  It’s ALL a matter of public record.

First, just click on http://www.assessment.state.tn.us to see all property transactions at Deer Ridge.  By the way, this is not one of MY sites – This official government site is set up and maintained by the Comptroller of the Treasury of the State of Tennessee.  This is the splash page you will first see:

(By the way, you can click on any of these images to see the BIG picture so you can more easily read the information.)

To see the next page, be sure and select SEVIER as the county of choice and then click SEARCH.  When you do, this is the next screen you will see.

Here, just type in Deer Ridge as the Subdivision Name and then choose if you want the list sorted by Owner name, sale date, etc.  Then click SEARCH.  Note that the below information was last updated on 3/24/2010 – or, about a week ago from the date of this posting.

Margie Duncan

The list goes on to show all the units at Deer Ridge but the above is all that would fit on my screen at one time.  As you can see, it shows who owns which unit at Deer Ridge and the purchase date by the current owner.  But there is more.  Lots more.  So, let’s click on Margie Duncan’s unit since she is supposedly one of our illustrious “board” members.

Here, we can see Margie’s home address (matches the one given as her address on the list of “board” members), that she owns D-204, that she paid $33,000 for her unit on 5/17/2002 and that her unit had previously sold for $55,900 in 1986 (Doesn’t say much for how the units at Deer Ridge have appreciated much over the years, does it?)

David Barone

Let’s look at another example, say another “board” member, David Barone:

Here, we can see Barone’s home address (matches the one given as his address on the list of “board” members), that he owns D-303, that he paid $87,000 for his unit on 4/3/2006 and that his unit had previously sold for $60,000 in 1993 and for $99,900 back in 1986. (Doesn’t say much for how the units at Deer Ridge have appreciated much over the years, does it?)

Tom Reise

Let’s look at one more example, say another “board” member, Tom Reise:

Here, we can see Reise’s home address (matches the one given as his address on the list of “board” members), that he owns B-204, that he paid $78,900 for his unit on 5/15/1986 and that he is the only owner for that unit. (Doesn’t say much for how the units at Deer Ridge have appreciated much over the years, does it?)

Now, you can see how much of this is online, PUBLIC information for anyone to access and use.

The “Board’s Mistaken Belief That This Information Is Privileged

The “board” would have you believe that the list of owners is privileged and private information.  As you can see for yourself, not only can any Deer Ridge Owner get this information – but ANYONE, even someone in Timbuktu, can have every bit of this information in a matter of a few minutes – to use in any way they may deem worthwhile, productive and useful.

Yet, this abusive and arrogant “board” of directors and general manager, who think they are empowered to be petty tyrants in their own private fiefdom, will do anything to try and intimidate owners at Deer Ridge to keep them from having a free and open dialog about the rampant mismanagement of GGRC.

I, for one, REFUSE to be intimidated – and will do whatever it takes to have Deer Ridge managed in full accordance with both Tennessee State Law and Deer Ridge Law, as properly defined by our Master Deed and Bylaws.

How about YOU?  Are you going to let them intimidate YOU?

That choice is yours to make – but choose wisely.