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!

Summary Judgment Goals On Our $3 Million Lawsuit

Issue: The GGRC HOA Board Is Violating Tennessee State Law – Denying Owners Access to All Books and Records In Appropriate State Format.

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.

New Video At YouTube

This presentation deals specifically with just one of those four issues up for Summary Judgment: The GGRC HOA Board Is Violating Tennessee State Law – Denying Owners Access to All Books and Records In Appropriate State Format.

Primary goals of lawsuit:

• Force HOA Board and General Manager to abide by both Tennessee State Law and Deer Ridge governing documents.
• 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.
• Force the HOA, GGRC, to abide by the Master Deed Percentages and stop financial discrimination against 36% of all owners.
• Force the HOA to stop overcharging the 30 one bedroom owners by a whopping 82% each month.
• Force the HOA to stop overcharging the 30 one bedroom owners for assessments, water, and other services.
• 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.
• 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?)

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

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.

If you have not paid the Asinine Assessment for Deer Ridge Mountain Resort, you probably have already been sued by Joe Thomas and the rest of the Gang of Six.

In addition to their specious $1 million lawsuit against me, I have also been served with a Sessions Court suit for the non-payment of the assessment which I believe is completely illegitimate for at least four reasons.

If you live out of state, you may have already been sued by not yet been served by the constable or process server.  Once you are served you will have a yellow piece of paper like the one to the right which is a copy of their suit against me.

Your Five Options

If you have been sued, you have five choices, or paths, available to you in my personal opinion:

1. Pay them the money.
2. Declare bankruptcy.
3. Ignore the lawsuit and allow them to get a default judgment against you which would then allow them to foreclose on your condo.
4. Hire your own attorney and fight them in court using one of the four reasons, or some other defense.
5. Join with us in our current $3 million lawsuit against GGRC, Joe Thomas and the rest of the Gang of Six and fight them.

I certainly do not recommend any of the first three choices.  Your decision on which of the above paths is right for you is obviously up to you – but I would rather pay a lot more in legal fees to fight this unjust and illegitimate assessment than let these jokers continue to violate state and Deer Ridge regime law.

Joe Thomas and the rest of the Gang of Six have been doing as they please, without regard to our Master Deed and Bylaws, for way too long – and it is time to finally stop them and force them to pay out of their own pockets for the multitude of ultra vires acts they have perpetrated against Deer Ridge Owners for so many years.

My Defense Against Their General Sessions Court Suit

My attorney is already taking steps to block this Sessions Court suit on two issues, as I understand them:

1. Our $3 million lawsuit was filed a week before their Sessions Court suit which gives our suit priority.
2. This case is too complex for a simple Sessions Court non-payment suit.  We already believe we have four reasons to invalidate the suit.  Some of these will require declaratory judgments regarding valid interpretations of various parts of our Master Deed and Bylaws.  These declaratory judgments will be an integral part of the jury’s decisions regarding our case and hence are beyond the scope of the Sessions Court.

The above is my best guess at this point since the attorneys are still discussing an agreed order regarding this matter – but at this point, I fully expect that we will quickly win these points.

Your Best Choice – Join As A Co-Plaintiff In Our Suit

If you join as a co-plaintiff in our existing lawsuit, you benefit from lower legal costs and by participating in a lawsuit that probably pre-dates their Sessions Court lawsuit against you.  As a co-plaintiff, you can also share in any major awards and reimbursements of legal fees we may gain from our $3 million lawsuit against them.

I am not an attorney – but if you are interested, please contact me ASAP and I will put you in contact with my attorney so that you can make a fully informed decision.

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.

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.

Below is an open email and fax that was sent today, again, requesting access tomorrow to the Administrator’s Book and supporting vouchers that is my right, and every Deer Ridge owner’s right, to view at any time.  By my count and in my opinion, this will be GGRC’s THIRD refusal and the THIRD count of being GUILTY of breaking Tennessee State Law during March 2010.

In spite of the repetitive, empty assurances of  both Attorney Chuck Sexton and “board” president Luther Parker that the GGRC books and records are available for viewing – they ALWAYS come up with an excuse as to why owners CAN’T actually see the Administrator’s Book and supporting vouchers as required by Tennessee State Law.

In my opinion, they are either GUILTY of breaking the law by not maintaining the Administrator’s Book and supporting vouchers in the correct, chronological format OR they are so scared to death that the required format of this information will lay bare, before God and everybody, the kind of financial misdeeds that I and many other Deer Ridge Owners have suspected for YEARS.

One Million Dollars A Year

Would YOU trust your bank or stock broker with your money if they didn’t let you see the complete books and detailed monthly statements about YOUR account???  Now, consider your trust factor, if they took your money and gave you ZERO looks at your account.  Wouldn’t that make you a little suspicious as to what might be going on with YOUR money?  Especially when the harder you pushed to see your own books and records, the harder they blocked any and all access to the information?

That is what Joey and Luther and the rest of this “board” is doing with One Million Dollars a year that goes through the Deer Ridge books.

I am not willing to trust them with ZERO access to the Administrator’s Books.  Are you?

Today’s Email and Fax To Chuck, Joe and Luther

Chuck, Joe and Luther,

So, do you, Joe Thomas, Chuck Sexton and Luther Parker, grant me complete access to the below requested information tomorrow on Wednesday, March 31, 2010 – or do you go on record, either with silence or affirmation, to continue to deny me my rights, as an Owner, to access these books and records as defined below under the Tennessee Horizontal Act, 66-27-113, and by doing so, break Tennessee STATE Law for the THIRD time, and the THIRD count, during March 2010?

Robert  A-202

PS: This IS the law, in case your forgot it:

66-27-113. Administrator’s books ­ Examination by co-owners. ­

(a) The administrator, or the board of administration, or other form of administration specified in the bylaws, shall keep a book with a detailed account, in chronological order, of the receipts and expenditures affecting the building and its administration and specifying the maintenance and repair expenses of the common elements and any other expenses incurred.

(b) Both the book and the vouchers accrediting the entries made thereupon shall be available for examination by all the co-owners at convenient hours on working days that shall be set and announced for general knowledge.

[Acts 1963, ch. 124, § 13; T.C.A., § 64-2713.]

Now is the time to DEMAND that this information be made fully available to ALL owners at Deer Ridge Mountain Resort, Gatlinburg, Tennessee.

It IS the LAW.

This is an open email and fax to Chuck Sexton, Joe Thomas and Luther Parker.

As an owner at Deer Ridge Mountain Resort, my rights under Tennessee State Law – Horizontal Property Act were violated this week when I was denied access to the books and records of GGRC et al as a result of the disputed claims of the Barone Suspension Letter.

No Response = GGRC Violating My Rights Under Tennessee State Law

You received my response and request for clarification and “authority” to review those records.  I emailed, faxed and sent this response to Chuck Sexton via certified mail which was obviously received.

I have received no response from Chuck Sexton on any of these points contained in my letter which questioned the entire legitimacy of the constraints and demands contained in the Barone letter.  This lack of response from Chuck Sexton is assumed to condone the illegitimate denial of my access to the books and records of GGRC et al.

I Demand Access To The Books And Records on Wednesday, March 31, 2010

I request, AGAIN, complete access to those same books and records on Wednesday, March 31, 2010.  I reiterate my prior demand to view these books and records:

In accordance with the Tennessee Horizontal Act, 66-27-113, I hereby request an immediate review of the GGRC, RML and Ridge Resort Realty “Administrator’s Books” as defined by the Act: This is a single book that contains a detailed account in chronological order, of the receipts and expenditures affecting the building and its administration and specifying the maintenance and repair expenses of the common elements and any other expenses incurred.

My request is to see these “Administrator’s Books” AND “the vouchers accrediting the entries made thereupon” for the past four and a half years. This request is NOT to see general ledgers, financial statements, etc. – but to only see the “Administrator’s Books” that contains a detailed account in chronological order as specifically defined and REQUIRED by the Act.

Since the “Administrator’s Books” must be accurate, completed and ALWAYS up to date, I require that they cover the time frame of August 8, 2005 through the day before the scheduled day for my examination of the “Administrator’s Books.”

Since, again, the “Administrator’s Books” must ALWAYS be up to date and specifically in THIS format, this should present Joe Thomas with NO difficultly immediately complying with the LAW.

Note that the LAW requires that: “Both the book and the vouchers accrediting the entries made thereupon shall be available for examination by all the co-owners at convenient hours on working days that shall be set and announced for general knowledge.”

Just so there is no confusion about exactly what GGRC, RML and Ridge Resort Realty MUST provide any and all owners at Deer Ridge, I have copied the exact wording of the Act and include it below.

Also, note that page 1 of the independent attorney’s legal opinion letter (see attached) reaffirms my right to this information – and the usual Joe Thomas stupid “games” will not be tolerated. The same legal opinion also provides that I have a RIGHT to COPIES of any of this information.

Again, I expect to see the Administrator’s Book and “the vouchers accrediting the entries” as defined above by law. I require that they cover the time frame of August 8, 2005 through the day before the scheduled day for my examination of the “Administrator’s Books.”

I do not want to see financial statements or anything else at the March 31th meeting.

Again, note that I expect to see this same information on GGRC, RML and Ridge Resort Realty since the other two entities are wholly owned by GGRC and, as a consequence, are part of GGRC’s books and records.

Please confirm that the Administrator’s Book and “the vouchers accrediting the entries” as defined above by law for the time frame of August 8, 2005 through the day before the scheduled day for my examination of the “Administrator’s Books” will, in fact, be made available next Wednesday.

Additionally, I am assuming I may make copies of whatever I wish based on a comment in an email from Charles Sexton last night that stated, “The duplication issue is still being resolved.”

Will Joe Thomas, Chuck Sexton, Luther Parker and The Illegitimate “Board” Continue To Violate Tennessee State Law?

I am assuming that your attorney, Chuck Sexton, has advised you that Tennessee State Law trumps ANY provision you think you may have as a way to interfere with my review of these books and records.  I assume he has now told you that any additional denial of my rights to review these records is illegal.

So, do you,  Joe Thomas, Chuck Sexton and Luther Parker, grant me complete access to the above information on Wednesday, March 31, 2010 – or do you go on record, either with silence or affirmation, to continue to deny me my rights, as an Owner, to access these books and records as defined above under the Tennessee Horizontal Act, 66-27-113?

Robert
A-202

PS: This IS the law, in case your forgot it:

66-27-113. Administrator’s books ­ Examination by co-owners. ­

(a) The administrator, or the board of administration, or other form of administration specified in the bylaws, shall keep a book with a detailed account, in chronological order, of the receipts and expenditures affecting the building and its administration and specifying the maintenance and repair expenses of the common elements and any other expenses incurred.

(b) Both the book and the vouchers accrediting the entries made thereupon shall be available for examination by all the co-owners at convenient hours on working days that shall be set and announced for general knowledge.

[Acts 1963, ch. 124, § 13; T.C.A., § 64-2713.]

Did you get a letter in the mail from GGRC regarding your “Suspension of Membership” on Deer Ridge?

If so, don’t let them intimidate you with their threats.  Don’t let them illegally take away YOUR rights as an owner!

A LOT of owners are refusing to pay this illegitimate “special assessment.”  So, a lot of other owners are probably getting this same form letter from Joey and “the board” as they try and scramble and use their typical intimidation tactics to force more owners to pay.  Don’t be one of the few who is paying the “special” assessment.  Don’t let them continue to squander your money.

Don’t let them bully you into paying a dime.

If you’ve already paid the 2010 assessment, your payment may end up getting squandered by Joe Thomas before the Court can freeze those funds – which may make it very difficult for you to get your money back.

Please click Letter To Attorney to see my response regarding this invalid letter.  The “special assessment” is invalid for at least FOUR REASONS – hence the “suspension” is invalid.

Also, under what authority does the “board” have a right to define what rights and privileges owners lose if an Assessment is not paid?

I see NOTHING in the Master Deed or Bylaws that states that an owner cannot inspect Association records or lose golf and recreation center privileges when an Assessment is not paid. As such, I see Barone’s letter as an attempt to ILLEGALLY deny owners their rights under Tennessee State Law.

The best thing you can do is help us get this lawsuit filed ASAP so the court can issue an injunction legally stopping the “board” and this Asinine Assessment – AND stop their intimidation tactics against the owners who OWN Deer Ridge.

Contributing $500 to $1,000 is  a LOT cheaper than paying the Asinine Assessment – and the ONLY way this “special assessment” will be stopped is by you contributing your fair share of the legal fees to fight the “board” and save yourself THOUSANDS of your own dollars.

We only need $2,000 more to get this legal action started.  So, please contribute TODAY.

You can pay via credit card by clicking the Donate Button below – or mail a check to me at A-202, at Deer Ridge.  Please make the check payable to the escrow account, “Deer Ridge Litigation Fund.”

Don’t let Joe Thomas, and this clique who calls themselves a “board,” continue to intimidate and bully you.

Please contribute today to the “Deer Ridge Litigation Fund.”

PS:  Also, DO NOT send in your ballot or your proxy to anyone!  If you have already sent it, revoke it in writing!  More about this in an upcoming post!

This is an open letter to Chuck Sexton, attorney representing GGRC, regarding both his letter regarding access to HOA books and records and a letter from David Barone, attempting to suspend my membership rights for GGRC.

Sent Via Email, Fax and Certified Mail

Chuck,

I received your letter dated March 15, 2010 regarding my rights to review the books and records of GGRC.

I have also recently received a letter from David Barone attempting to suspend my membership rights in GGRC.

Since the “Board” has apparently tasked you with responding to my request to review the Administrator’s Book and supporting vouchers, there are several points of issue that have arisen between your letter and that of David Barone – both of them speaking to my rights as an owner to review said records.

Firstly, let’s deal with your statements in your letter:

• You state that. “…my underlined reference to a single book is not an accurate recitation of the Code Section.”
  

  

The actual wording is pretty crystal clear about “the book” with no references to books anywhere in the wording.

66-27-113. Administrator’s books ­ Examination by co-owners. ­

(a) The administrator, or the board of administration, or other form of administration specified in the bylaws, shall keep a book with a detailed account, in chronological order, of the receipts and expenditures affecting the building and its administration and specifying the maintenance and repair expenses of the common elements and any other expenses incurred.

(b) Both the book and the vouchers accrediting the entries made thereupon shall be available for examination by all the co-owners at convenient hours on working days that shall be set and announced for general knowledge.

However, I do understand that there may be multiple volumes after 25 years – but I would still see that as one book.  The real point is that we have NEVER been able to see this Administrator’s Book.  We are only ever offered financial statements.  This book is solely in CHRONOLOGICAL ORDER,  with a DETAILED ACCOUNT for each entry, showing EVERY receipt and expenditure – with vouchers in matching CHRONOLOGICAL ORDER.

THAT is the “book” albeit multiple volumes that I, and every other owner, has a right to access in accordance with Tennessee State Law.

Please confirm that this book or books along with the requisite vouchers exist, AS DEFINED IN THE LAW – and that these CHRONOLOGICAL ORDERED book(s) along with CHRONOLOGICAL ORDERED vouchers are available for owner access as of March 24, 2010.

• You reject our rights to view the RML and Ridge Resort Realty Administrator’s Book, as defined above, since you state we are not a participant in RML and Ridge Resort Realty.

  Firstly, these are wholly owned subsidiaries of GGRC.  Therefore, all owners at Deer Ridge should have access to these books and records.

  Secondly, you are mistaken:  We have been a participant in RML.  I will be glad to send you the signed agreement if you need it.  Likewise, we purchased our unit through Joe Thomas and Ridge Resort Realty.

  Hence, in both cases, we have been participants in both of these programs and have a financial interest in both and deserve access to the records on this basis alone.

  Hence, any way you cut it, denying us access to the books and records of either RML or Ridge Resort Realty is a violation of Tennessee State Law.

• You still seem confused about the origins of RML:

  
  The first point is that it doesn’t matter if RML was created due to the poor performance of the then existing property management company.  RML was illegitimately formed, without a vote of owners, funded by GGRC funds that were an inappropriate and illegal use of HOA fees.  (N.B.:  That company was fired for bad performance because they were only able to achieve a 38% economic occupancy for Deer Ridge.  Joe Thomas, and RML, over the past 10 YEARS have only been able to achieve the same 38% economic occupancy for Deer Ridge – in spite of squandering hundreds of thousands of dollars on ineffective advertising and marketing costs.  Why hasn’t he been fired for the same level of bad performance?)

  According to the legal opinion of independent law firm, Howard and Howard, it appears that both RML and Ridge Resort Realty were illegally formed in the first place since GGRC funds were used for their start up – and continue to be used to fund RML operating deficits.  Games continue to be played with the cost accounting on this property to give the false appearance that GGRC funds are no longer tapped to support RML.  When proper cost allocations are applied, with the staffing and management that GGRC would need without RML or RRR,  it becomes apparent how much RML continues to cost ALL owners.   According to the following legal opinion by Howard and Howard, NONE of the HOA fees can ever be used for any of these operations, and since they are illegitimate companies should be disposed of immediately with all funds returned to the benefit of GGRC.

  
  Furthermore, a letter from the Board of Directors to all owners, dated December 11, 1987 stated that:

  “A new legal entity – RIDGE MANAGEMENT LTD. – RML – is being established & incorporated to manage both GG&RC Condos and DRMR Rental Program – effective January 1, 1988.”

  This clearly shows that the Board, acting alone and without ANY vote by the owners, decided it was going to start a property management company.

  The Master Deed and Bylaws do not provide for ANY funding of any such business entity and the Board has no power from these controlling documents to arbitrarily start any business whatsoever, including a property management company.

  Also, note that by clicking RML minutes, bylaws and even the stock certificate you can download these documents evidencing ownership of RML by GGRC.  Based on your email, I am surprised that you are having difficulty obtaining these documents.  I invite you to visit my blog on a more regular basis as I have many of these documents available for immediate and free download to anyone who wants them.

  Likewise, according to the independent legal opinion from Howard and Howard, all owners have  a right to COPIES of the Administrator’s Book and supporting vouchers.

  You stated in your email to me that:

  What needs to be resolved? Howard’s letter is crystal clear on this point.  What duplication issue is in question and why – and will it be resolved in time for our inspection on Wednesday, March 24, 2010?  And if not, why not?

  So, what else do you need to see to determine the relationship of RML and RRR to GGRC?  How much longer will it take you?  Why, after all of these years, aren’t the corporate minutes directly reflective of the company’s status?  If the minutes are not up to do, does not that jeopardize the corporate charter?  If the minutes are not up to date, isn’t that evidence of gross mismanagement of those who are purportedly in charge of GGRC?

The above points I believe deal with your letter.

So the key question:  based on the independent legal opinion from Howard and Howard, and based on the above information, do you grant me authority, as an owner, to see the Administrator’s Book, and supporting vouchers, of GGRC, RML and RRR as defined by Tennessee State Law on March 24, 2010?

The David Barone “Suspension of Membership” Letter

According to the David Barone letter dated March 19, 2010:

Since your letter deals with my rights as an owner to review the Administrator’s Book and supporting vouchers of GGRC et al – and the Barone letter purports to deny me access to those records, I have the following questions for you regarding my rights as an owner to view the Administrator’s Book and supporting vouchers on Wednesday, March 24, 2010:

• Under what authority does the “board” have a right to define what rights and privileges owners lose if an Assessment is not paid?  I see NOTHING in the Master Deed or Bylaws that states that an owner cannot inspect Association records or lose golf and recreation center privileges when an Assessment is not paid. As such, I see Barone’s letter as an attempt to deny me my rights under Tennessee State Law.
• Was this notice sent to everyone who has not paid the Asinine Assessment – or is this a discriminatory action intended to single me and / or Neil Blair out in order to prevent us from accessing the Administrator’s Book and supporting vouchers?
• The independent legal opinion from Howard and Howard has identified FOUR reasons that the current Asinine Special Assessment is invalid:

1. The GGRC Master Deed and Bylaws do NOT allow for ANY kind of “special” assessment of any kind. They only allow for monthly assessments that are set before December 1st of each year.

2. The amount of the assessment for every owner is WRONGLY calculated. The “board” has applied what the attorney calls “arbitrary and capricious” cost allocations for ALL charges currently being paid by ALL owners at Deer Ridge. This includes your monthly HOA fee, the amounts for water, cable TV, telephone AND the calculated amounts that are being charged for this “special” assessment. The attorney says that ALL of these items MUST be in accordance with the Master Deed Percentages. Hence, any amounts currently being charged to each and every owner for this “special” assessment is wrongly calculated and should not be made.

3. The “board” was required to provide COPIES of the detailed bid requests and bids to any and all owner to substantiate the Asinine Assessment’s outrageous $353,500 price tag – and NOT to just list, “Nuts and Bolts – $50,000!” Since you were unwilling to do so, this assessment is voided.

4. The attorney has stated that the “board” is NOT the board. The board is required to be elected at the annual meeting and the annual meeting is REQUIRED to be held in the first three months of the year – not in April. The attorney states that the board is not the board and is powerless to implement ANYTHING.

(I understand that you saw the “light” and agreed that I was right about the annual meetings being REQUIRED in the first calendar quarter.   I also understand that you very recently recorded the “vote” from some 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.  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 you have just recently seen the light and properly recorded this vague vote, this means that  the current “board” is STILL not a duly authorized and elected board of GGRC et al. )

As you know, if ANY of these FOUR reasons makes the Asinine Special Assessment invalid, it is invalid.

If the Asinine Special Assessment is invalid, then our membership cannot be suspended.

Hence, do you, as GGRC legal counsel, agree with any or all of the above four points of the Howard and Howard legal opinion?

Or, do you go on record, objecting to all four of Howard and Howard’s legal opinions as completely invalid?

Since this directly affects my rights to access the Administrator’s Book and supporting vouchers of GGRC et al in three days, a complete and responsive expedited answer would be appreciated.

You stated in your letter to me that “Since my direction to the Board some time ago, you have not been denied access to these records.”

Actually, this has not been true.  Ever.

The above Administrator’s Book and supporting vouchers of GGRC et al have been requested many times.  Instead, we are either ignored, given other documents that were not requested or stonewalled altogether, like the current and transparent “Suspension of Membership.”

We expect to have our lawsuit filed within a few weeks from now – prior to the “annual meeting.”

Our Production of Documents and other discovery motions that will be filed WILL get us this information – and a WHOLE lot more.

Likewise, I am sure that the Court will be very interested in reading the latest attempts by the “board” to block our access to this information with their violations of Tennessee State Law.

Likewise, I believe the Court will be very interested to see your response, or lack thereof, to this letter to you.

Sincerely,

Robert  A-202

cc:  www.DeerRidgeOwners.com

This is an open letter that was emailed today to Luther Parker, Joe Thomas and the rest of the “board.”

Other owners have been requesting this information and getting the usual Deer Ridge runaround with the stupid and childish games of Joe Thomas.  Based on our initial contacts, we have the distinct impression that the Attorney General for the great state of Tennessee will not be amused.

Luther Parker and Joe Thomas,

In accordance with the Tennessee Horizontal Act, 66-27-113, I hereby request an immediate review of the GGRC, RML and Ridge Resort Realty “Administrator’s Books” as defined by the Act:  This is a single book that contains a detailed account in chronological order, of the receipts and expenditures affecting the building and its administration and specifying the maintenance and repair expenses of the common elements and any other expenses incurred.

My request is to see these “Administrator’s Books” AND “the vouchers accrediting the entries made thereupon” for the past four and a half years.  This request is NOT to see general ledgers, financial statements,  etc. – but to only see the “Administrator’s Books” that contains a detailed account in chronological order as specifically defined and REQUIRED by the Act.

Since the “Administrator’s Books” must be accurate, completed and ALWAYS up to date, I require that they cover the time frame of August 8, 2005 through the day before the scheduled day for my examination of the “Administrator’s Books.”

Since, again, the “Administrator’s Books” must ALWAYS be up to date and specifically in THIS format, this should present Joe Thomas with NO difficultly immediately complying with the LAW.

Note that the LAW requires that: “Both the book and the vouchers accrediting the entries made thereupon shall be available for examination by all the co-owners at convenient hours on working days that shall be set and announced for general knowledge.”

Just so there is no confusion about exactly what GGRC, RML and Ridge Resort Realty MUST provide any and all owners at Deer Ridge, I have copied the exact wording of the Act and include it below.

Also, note that page 1 of the independent attorney’s legal opinion letter (see attached) reaffirms my right to this information – and the usual Joe Thomas stupid “games” will not be tolerated.  The same legal opinion also provides that I have a RIGHT to COPIES of any of this information.

Any non-compliance by you and/or Joe Thomas will have immediate legal ramifications with the Attorney General of Tennessee – along with other judicial implications.

Have a GREAT day,

Robert
A-202

cc:  www.DeerRidgeOwners.com

66-27-113. Administrator’s books ­ Examination by co-owners. ­

(a) The administrator, or the board of administration, or other form of administration specified in the bylaws, shall keep a book with a detailed account, in chronological order, of the receipts and expenditures affecting the building and its administration and specifying the maintenance and repair expenses of the common elements and any other expenses incurred.

(b) Both the book and the vouchers accrediting the entries made thereupon shall be available for examination by all the co-owners at convenient hours on working days that shall be set and announced for general knowledge.

Stay tuned for fast breaking events!

The following letter was certified mailed, emailed, faxed and hand delivered to Luther Parker’s home, the GGRC’s attorney’s office and the Deer Ridge office.

You get to decide what is right for you with regard to the “special” assessment – but this is my position and I am ready to fight Joe Thomas, Luther Parker and the rest of the so called “board” in court over it.

To:      Luther Parker, GGRC “Board of Directors”

Re:      “Special” Assessment

Date:   March 9, 2010

Hand Delivered, Email & Certified Mail

This letter is to officially notify you that, as a result of advice received from independent legal counsel, I do not intend to pay the illegitimate “special” assessment that is purportedly due for our Unit A-202 at Deer Ridge Mountain Resort.

I have also included herewith two checks for our monthly GGRC charges:  $270 for our HOA fee and $136.42 for the charges for water and cable TV.

Even though paid, we continue to dispute both of these charges too – and have marked “Disputed” on these and many prior checks made for payments for these two ongoing fees.

Based on advice from legal counsel, these charges represent a gross overcharge of 82% above the amounts that should be charged according to the Master Deed and Bylaws.

If you wish to take me to court over the non-payment of the illegitimate “special” assessment, have at it.

I would be absolutely delighted to have a court hear all of the following reasons that the “special” assessment is invalid – and it would be much more cost effective to respond to your lawsuit and get a court ruling on several issues rather than instigate my planned litigation described below.

Attorney Says That “Special” Assessment Invalid For At Least Four Reasons

Based on a recent, independent review of our Master Deed and Bylaws, attorney Lewis Howard, Jr’s legal opinion is that this “special” Deer Ridge assessment is invalid for at least FOUR reasons:

1. The GGRC Master Deed and Bylaws do NOT allow for ANY kind of “special” assessment of any kind.  They only allow for monthly assessments that are set before December 1st of each year.
2. The amount of the assessment for every owner is WRONGLY calculated.  The “board” has applied what the attorney calls “arbitrary and capricious” cost allocations for ALL charges currently being paid by ALL owners at Deer Ridge.  This includes your monthly HOA fee, the amounts for water, cable TV, telephone AND the calculated amounts that are being charged for this “special” assessment.  The attorney says that ALL of these items MUST be in accordance with the Master Deed Percentages.  Hence, any amounts currently being charged to each and every owner for this “special” assessment is wrongly calculated and should not be made.
3. The “board” was required to provide COPIES of the detailed bid requests and bids to any and all owner to substantiate the Asinine Assessment’s outrageous $353,500 price tag – and NOT to just list, “Nuts and Bolts – $50,000!”  Since you were unwilling to do so, this assessment is voided.
4. The attorney has stated that the “board” is NOT the board.  The board is required to be elected at the annual meeting and the annual meeting is REQUIRED to be held in the first three months of the year – not in April.  The attorney states that the board is not the board and is powerless to implement ANYTHING.

I invite you to read the attached five page letter from Senior Partner Lewis Howard, Jr. at the law firm, Howard and Howard (www.howardhowardlaw.com).

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

You should also, by now, be fully aware that we have set up a separate escrow account for the “Deer Ridge Litigation Fund.”

Several owners have already contributed to this fund and more are joining every week.  Once our threshold is reached, we intend to immediately file one or more lawsuits concerning the matters discussed in this letter.  Note:  this will be done without further notice to you.

Executive Summary Of Attorney’s Findings

Here is my executive summary of Mr. Howard’s five page legal opinion.  I will try to put it in non-attorney terms to help you better understand the major consequences of the points made in his letter.

In addition to the fact that no legitimate, “special” assessment is due from ANY owners, Attorney Howard’s letter also makes the following pivotal points regarding GGRC and RML:

1. You are REQUIRED to charge all owners ONLY in accordance with the Master Deed Percentages for everything:  monthly assessments, water, cable TV, etc.   This means no more 82% overcharge to all 1-1 owners.
2. You are REQUIRED to provide all owners with COPIES of everything they request including invoices, check stubs, bids, etc.
3. You are REQUIRED to get BOTH the 75% positive vote by owners AND the 90% positive vote by mortgage holders of all condo loans at Deer Ridge.  Therefore, ANY monies you spend on walkway ramps will be your personal responsibility to pay.
4. You are NOT allowed to ever have ANY special assessments – hence, the Asinine Assessment of $353,500 is NULL and VOID.  No owners are required to fund a penny of this money – and any monies received MUST be returned to those owners who have already paid.
5. Because you have committed multiple ultra vires acts that were outside the scope of authority granted you by the Master Deed and Bylaws, you and other board members are going to be liable to repay ALL overcharges to both current and past 1-1 owners, along with interest.  (This means you will be required to pay us back over $11,000 in our case – and more or less the same to other 1-1 owners – past AND present.)
6. RML and Ridge Resort Realty are NOT legitimate for SEVERAL reasons.  These entities must pay back every penny of GGRC’s money ever used by them – and these companies must be expeditiously sold or otherwise shut down.
7. All “annual meetings” held in April are not official Annual Meetings – hence, all decisions, and votes made, INCLUDING board member elections, are NULL and VOID.  This means that Luther Parker and every other member of the “board” are, in fact, NOT members of the Board and have no power whatsoever including setting assessments, making special assessments, setting rules and regulations, agreeing to any contracts about anything, etc.  We intend to sue to have a special master appointed by the court.
8. No board member or committee member may receive ANY compensation INCLUDING reimbursements for travel, meals, maid service, free storage or special remodeling of board member’s OR committee member’s units.  When we do our review of the books and records, we are going to add up every penny that has EVER been paid and intend to individually sue each of you for the full and complete reimbursement of all of this money.
9. The entire current “board” has committed multiple ultra vires acts that were outside the scope of authority granted you by the Master Deed and Bylaws even if you were a legitimate board.  As such, these acts show gross negligence on your part and on the part of your “unified board that speaks with one voice.”   As noted in the attorney’s answer to Question 12, these illegitimate acts of yours are actionable with all monies recoverable from you and all other “board members” and Joe Thomas personally – probably on a “joint and several” basis. That means we are going to go after the FULL amount for each illegitimate act from you and each of the board members until we collect EVERY penny that was spent on decisions that were outside the scope of authority.  Based on my prior blog postings, I have already identified over $120,000 that has been spent without the proper Article XII approvals.

All of the above information was previously emailed to you – but I also invite you all to read the full posting and detailed analysis of Mr. Howard’s letter at:

http://deerridgeowners.com/2010/02/18/independent-legal-opinion-ggrc-board-guilty-of-numerous-violations-353500-assessment-is-null-and-void/

Intent To Pursue Litigation – Possibly Including A Derivative Action Suit On Behalf of GGRC

This letter also officially puts you all on notice of our intent to immediately pursue litigation on these, and other points – including pursuing any and all legal claims against Joe Thomas and the “board”, as individuals.

Part of this litigation may be a derivative action suit whereby I, and other concerned owners, have GGRC, as plaintiff, sue each of you individually for your gross negligence and incompetence that has resulted from your multiple ultra vires acts that were outside the scope of authority granted you by the Master Deed and Bylaws.

As a consequence of us possibly suing you all, individually, on behalf of GGRC as plaintiff, it is my understanding that attorney Charles Sexton cannot represent you if he has been paid by GGRC in the past due to the obvious conflicts of interest.  I suggest you check with him as to whether this is true – and also if there is any past issue of him having also given personal legal advice to Joe Thomas or any one on the “board” – or whether he has simply represented GGRC and/or RML in all instances.

It is my understanding that you may possibly have a period of days to attempt to cure some or all of the above violations as a way of mitigating the multiple breaches of your fiduciary duties and some of your wrongful, self-serving and bad faith acts and omissions once you have received notice of possible violations.

Consider yourself officially notified as of today – although you were probably officially notified many months, and even YEARS, ago regarding many of these violations.

The Clock Is Ticking

Luther, I assume you have noticed that I have been spot on RIGHT on everything I have been saying for years on my blog – and that your vilification, slander and the libel contained in your diatribe letter you recently mailed to all owners was obviously full of lies and disinformation as a way to attempt to falsely discredit me.

This objective legal opinion from Attorney Howard validates virtually EVERYTHING I have been saying for years.  And, if need be, we will take the “board” members to court to prove it with finality.

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

Luther, if you want these matters settled, before we move forward with filing our lawsuits, you better act quickly.  We won’t ask again and the clock is already ticking.

Govern yourself accordingly.

Robert
A-202

cc:  Charles Sexton, Attorney for GGRC, etc. via certified mail and email.

cc:  Deer Ridge Owners Blog

Help Stop The Abuse of Power By Joe Thomas And The “Board”

Please contribute today to the “Deer Ridge Litigation Fund.”

We have been told by several owners that they are NOT paying the Asinine Assessment payment that Joey and the “Board” claim was due March 1st.

Joe Thomas is telling some owners that their payment will be late if not paid by the 10th.  He is telling other owners that all late fees are waived until April Fool’s Day.   (Come on, Joey, you gotta use the same rulebook for ALL owners!)

Four Reasons The “Special Assessment” Is Invalid And Should Not Be Paid

Joey and the “board”  claim that they are delaying the late fee because of the “confusion” my letters and blog have caused by identifying not one – but FOUR reasons – that the independent attorney said the “Special Assessment” was illegitimate and violated the GGRC Master Deed and Bylaws in four, count them four, different ways.

Click Four Reasons to see the reasons and make up your own mind about paying your part of this Asinine Assessment.

Joey And “The Illegitimate Board” Can’t Find Their Own Reputable Attorney

The “board” has yet to produce ANY written, independent legal opinion, whatsoever, that shows that this “special assessment” is valid in ANY of those four ways.

The reason? They can’t find a single reputable attorney who is willing to risk being disbarred by misrepresenting that they are right!

I don’t know about you – but I am NOT paying ANY assessment – unless they can prove to me with an independent legal opinion that those Four Reasons by the law firm of Howard and Howard are invalid.

Joey And “The Board” Are Trying To Hide How Few Are Paying The Assessment

Neil Blair has been trying to find out how many owners have paid – and how much has been collected.  He isn’t trying to find out WHO – just how MUCH and how MANY.

That seems like a reasonable thing that any owner at Deer Ridge should be able to get a VERY quick, straight forward answer, right?

Nope, not at Deer Ridge – with Joe Thomas and Luther Parker playing their usual petty tyrant roles – illegitimately blocking owners access to the financial records of our investment in Deer Ridge.

Joe Thomas and Luther Parker are telling Neil and all other owners that the “how much has been paid” and the “how many have paid” are CONFIDENTIAL numbers!!!

Give me a break.  What they are trying to hide is how few are paying!  Do YOU want to be one of the few who pays?

Read the Silly Rules And Stumbling Blocks of Joe Thomas and Luther Parker

Neil forward me a copy of the following exchange of emails from Joe Thomas and asked that I post it here on the blog.

It is SUCH an outrage and gross abuse of power by Joey and Luther Parker and the illegal board – trying to erect every conceivable road block to any owner at Deer Ridge even SEEING the books and records of our investment here.

Please read the following B***S*** by Joe Thomas and see if this exemplifies “the open transparency” touted by Luther Parker, Larry Ohm, Tom Reise, Margie Duncan and Dave Barone.

Folks, these are your current “board” members who are SO desperate to hide all of their nefarious activities that they are requiring owners to jump through the following hoops just to SEE some of the books and records.  We are not talking about copies – this is just to SEE the books and records we have a LEGAL right to see.

Fire The Six – Help Us Fund The Deer Ridge Litigation Fund

It is past time to make sure Luther Parker, Larry Ohm, Tom Reise, Margie Duncan and Dave Barone – and Joe Thomas – get fired from any role of power at Deer Ridge.

Help us make that happen – Please donate to the Deer Ridge Litigation Fund – so we can have a court FORCE this illegitimate power clique to give back control and ownership of Deer Ridge to ALL the owners.

Read The Joey BS In Red

—————————————

From: openroad12@hotmail.com

To: manager@deerridge.com

CC: davidbarone@optonline.net; larryo@skdocpa.com; parker.luther@gmail.com; mickmargie@zoomtown.com; tomtrip@verizon.net

Subject: RE: How could it be Confidential???

Date: Mon, 8 Mar 2010 19:35:11 -0500

Is the number of owners that have not paid still confidential?  Is the balance in the Escrow account confidential ?  Both, Numbers only, No names ..

Best regards, Neil

——————————————————————————–

From: manager@deerridge.com

To: openroad12@hotmail.com

CC: davidbarone@optonline.net; larryo@skdocpa.com; parker.luther@gmail.com; mickmargie@zoomtown.com; tomtrip@verizon.net

Subject: RE: How could it be Confidential???

Date: Mon, 8 Mar 2010 18:43:13 -0500

Dear Neil,

Management, with the Board’s approval has established policies and procedures regarding requests by owners to review our books and records.

1. The established time for reviewing our books and records is: every Wednesday between the hours of 8:00AM and 10:00AM (exception would be if on vacation or a holiday falls on Wednesday)
2. The established place for reviewing our books and records will be: Our game room adjacent to the lobby.
3. Only Co-owners are permitted to review our books and records.
4. An owner wishing to review our books and records will call, fax or email Joe Thomas to make an appointment a minimum of 7 days in advance of the requested appointment date.
5. The owner will provide the manager with a detailed, written list of what he/she wishes specifically would like to review a minimum of 7 days before the appointment date. The 7 day period is required so that the requested material can be gathered and presented in an efficient manner. Some items are kept off site either in storage or at our CPA/ bookkeeper’s office.
6. Follow up or additional appointments if needed will be made at the conclusion of the owners schedule appointment.
7. No copies or photographs are permitted of any items other than those items specified in the Act #66-27-503.

Neil, please let me know when you’d like to schedule an appointment and what specifically you’d like to look at.

Due to the fact that you have admitted to contributing moneys to the Goodman Litigation Fund, I may need additional time (more than 7 days) to review your detailed lists of items to be reviewed with our attorney.

I look forward to meeting with you soon,

Joe Thomas
Deer Ridge Mountain Resort
865-436-2325
manager@deerridge.com

——————————————————————————–

From: NEIL BLAIR [mailto:openroad12@hotmail.com]

Sent: Friday, March 05, 2010 11:33 AM

To: Joe Thomas; Luther Parker Parker; Larry Ohm; Margie Duncan; Tom Reise Deer Ridge Director; David Barone;

Subject: How could it be Confidential???

Confidential? Why is that word and train of thought so quick and easy….

Confidential….?  We are the Owners, how can a simple question on how many owners have not sent in the money, be a confidential matter.

Please…. Give me a date and time of your choosing, so that I can begin to be comfortable in my ongoing duty of due diligence to myself, and other owners. to do, in the only way currently ALLOWED… So I intend to take full advantage of it, UNTIL the Possible day when real transparency & copies are made available…

Go ahead and arrange for the first 3 meetings to be before the annual meeting in April, and then a meeting each month within 3-5 days of the bank statement arrival.

Thanks, Neil

——————————————————————————–

From: openroad12@hotmail.com

To: manager@deerridge.com; parker.luther@gmail.com; larryo@skdocpa.com; mickmargie@zoomtown.com; tomtrip@verizon.net; davidbarone@optonline.net

Subject: Confidential??? Another Question?

Date: Fri, 5 Mar 2010 09:38:07 -0500

So I’m Clear on this,

You are saying that if I personally show up at Deer Ridge on Monday March 8th, “Or, at a time we both agree to meet” I would be denied access to this information ?

Is that your stand ?

My memory is that the lawyer told you guys Any Owner had the right to at least LOOK at any and all records, verify transactions, verify deposits, verify transfers of money, verify who is behind on monthly fees, assure that bills are being paid on time and from the proper account, verify most anything except perhaps Certain employee Files,

I think that is also your own announced interpretation of the Master Deed and By-Laws.

Please contact me regarding an appointment for me to see these records, I anticipate needing 3 meetings of approx. 2-3 hrs, to cover RECENT records, also, will possibly have another person with me.

Please communicate this can take place in e-mail form.

See you Soon, Neil

Is This The Kind Of Board You Want?

What are they trying to so desperately hide?  In my opinion, Joe Thomas and Luther Parker, Larry Ohm, Tom Reise, Margie Duncan and Dave Barone MUST be trying to cover up the crimes of the century based on the way they are fighting us to even SEE our own books and records.

Let’s get this resolved right here, right now.  Let’s have a court decide, once and for all, what our rights are as owners of Deer Ridge Mountain Resort.

Help us make that happen – Please donate to the Deer Ridge Litigation Fund – so we can have a court FORCE this illegitimate power clique to give back control and ownership of Deer Ridge to ALL the owners.

The following is also a comment left by Neil, C-208, about another property he owns.  This was an email he sent tonight to the entire “board” and Joey.”

Judge for yourself:  Which property is operated better?

Please bear with me… And Yes, WAY, WAY Down the Thread, after my Rant,
Is the Example the Daily Report…. From Leonard…..

This is an example of a Gulf Highlands Board member giving an almost daily, clear, complete reporting of activities, ” Most Days Photos,” Kinda Like Robert and his blog, AND an example of a well run clearly defined use of Association Fees, RESERVE FUND usage and availability, “Yes it is a property with many more owners/members, BUT even more expenses, more complexity, more personalities, some are abrasive, some are very agreeable folks, some so financially uptight they squeak, and make others squeak….

It is a pleasure to visit the office, and REALLY have a conversation with the manager and all assoc. employees:  no stress, no past foibles, no wondering if you…

By the way, We have an independent VERY profitable property management Company ON SITE.  They pay market rent to the Owners Association, and a percentage back to the Owners Assoc.  THEY have only a 28% management fee – and sill make a nice profit, and bid yearly to stay on site…

About 7 other companies manage units, some charge as little as 25% some as MUCH as 35% All inclusive.  Yes, some owners even rent using V.R.B.O.com, Vacations4U.com. etc. thereby keeping all the Unit Rental Dollars.  They pay an independent cleaning service a fee of about $35-40, not giving up a 30-40% a DAY… It is amazing, all really get along…mo one accuses an owner of “stealing” from other owners, if they use an outside rental company or means of rental of their choice.

This thing called competition makes every one better, and accountable to the folks that have a financial interest in them…

The board members in a situation like that, don’t have to worry if the independent management company. has cash handling issues, has any personnel problems, any late or unpaid workmen’s comp premiums, any occupancy worries, any advertising costs, any legal liabilities for an accident involving guests.  The board doesn’t waste time and energy on anything to do with PROPERTY MANAGEMENT RISKS OR HEADACHES…

The board there has ONLY the well being of the OWNERS interests, it makes for a nice reserve account balances and there has been NOT ONE Assessment for road paving, Painting, Nuts Bolts, Fencing, Beach Erosion, Tearing out of Strong, Stable, Sturdy Walkway Railings –ALL– Large Predictable, Normal Maintenance & Financial concerns have a Fully Funded RESERVE Account and the board understands that they have an OBLIGATION To keep the OWNERS on an even, steady monthly fee of……… a Giant $143.00!

Not having to spend TIME figuring out how to JUGGLE /SWAP/ BORROW OWNERS money back and forth from a NOT SO PROFITABLE Rental Management Company and the HOME OWNERS Association lets the board concentrate on the property and the owners.

That Property also has 18 hour a day security guard force, 3 controlled entry gates.   The Manager at a $48K/yr salary keeps all 7 of the employees, $7.00 to $18.00/hr.  busy doing scheduled PREVENTIVE maintenance, and Yes, they do pick up the trash from All 703 townhouses ONCE a day also.  Unlike Deer Ridge, it is not a 3 times a day pick up, which leaves almost no time for PREVENTATIVE Maintenance here in the mountains…

Another RANT from the OLD GRUMBLE BOX Neil…. Can’t help myself… it’s a Sad Sad Way To Have To Live….

See below for Leonard the Board Members Daily Report, Looks like Guests there really enjoy the Shuffle Board Courts there…

I remember an Owner / Resident here at Deer Ridge VOLUNTEERING ALL LABOR to Build a Shuffle Board Court asking the board ONLY For The Cement Costs.  He was turned down but more importantly, the reasons were talked about after he left the room, and guess what….

What the board and Joe said, Was NOT in the OFFICIAL MINUTES….

Interesting … Why are the Board Members –SO– Opposed to Digitally Recording and sharing what they say in the Meetings???

Best regards, Neil

——————————————————————————–

From Leonard…..

Have you ever wondered what all our snowbirds do here in the winter besides walk on the beach and go play golf?  I have compiled a list from channel five and this may not be all events done in the resort.

• Shuffleboard is a big draw to our northern friends, they have leagues at the six Damon courts.
  • Monday Shuffle League
  • Tuesday Shuffle League
  • Wednesday Shuffle League
  • Thursday Shuffle League
  • Friday Shuffle League
  • Saturday Shuffle League
  • Sunday Shuffle League

  We are sorry that we don’t have more practice courts around the resort but maybe in the future.

• The exercise room is available 8-11 all week with a $10 deposit for a key
• Putt putt is available everyday but on Tuesday they have a miniature golf tournament at 1 pm
• They have social Tennis at all tennis courts, they meet regularly but I didn’t catch the times and dates
• Darts are on Tues and Thurs evenings
• Aerobics is every morning Mon – Fri
• Line dancing late morning on Weds & Fri
• Wood Carving on Thurs noon
• Crafts on Thursdays late morning
• Bridge on Wed & Fri
• Cribbage on Mondays
• Dance night every Tues evening
• Tai Chi on Tues
• Bid Euchre on Thurs & Sun

That is a good portion of their activities, we used to have water aerobics in the past so their is room for more activities. I believe it isn’t posted but their is Dominoes on Fridays. Bottom line is there is a lot to do here and the happy hours parties are all over the place.

Now for some assoc notes.

• There is a property Committee meeting March 15th at 1 pm at Grand Island Club House. I didn’t join this year so I may have to drop in as a guest, join me and lets see what is up.
• BOD meetings this year will be on April 17th, June 5th, August 21st, Oct 8th. Annual meeting is Oct 9th this year.   Don’t forget to put your name in to run to replace me on the board. We will be holding a special phone conference meeting in mid March to discuss and make funds available from reserves for these items if approved. I’ll let you know when it has been posted. Leonard

• Porcelain tile in conference center
• Resurface parking lot at new office building and new parking areas
• Two new golf carts for maintenance
• Two new heating and cooling systems for new building. The one large one that used to take care of our new office and Emerald Coast has bite the dust. Each section will receive a new unit instead of sharing.

Robert here….thanks Neil!   Folks, compare all of that to Deer Ridge – and the secrecy, insider deals, illegitimate activities, Master Deed and Bylaw violations, illegal board compensation, wasted money, attempted intimidation and complete lack of transparency by the current “board” and Joe Thomas.

It is past time for a change at Deer Ridge.  There is a MUCH better way to do things here, like Neil described.

Get rid of the current “board” members.  Get rid of Joe Thomas.

Donate to the Deer Ridge Litigation Fund by clicking the graphic below – or send a check to me made out to “Deer Ridge Litigation Fund.”

Thanks so much to those of you who have already contributed!

We already have a separate bank account set up for these donations which will only be used to help get us the injunction against this Asinine Assessment and to have  a judge force boards and general managers at Deer Ridge to abide by our controlling documents.  BTW, all contributing owners DO get to see all of THESE books and records related to the litigation!

Please donate today.  Thanks!

I strongly recommend you do NOT make your March 1, 2010 OR your 2011 “special” assessment payments to Deer Ridge.

Based on an independent legal counsel review of our Master Deed and Bylaws, his legal opinion is that this “special” Deer Ridge assessment is invalid for at least FOUR reasons:

1. The GGRC Master Deed and Bylaws do NOT allow for ANY kind of “special” assessment of any kind.  They only allow for monthly assessments that are set before December 1st of each year.
   
2. The amount of the assessment for every owner is WRONGLY calculated.  The “board” has applied what the attorney calls “arbitrary and capricious” cost allocations for ALL charges currently being paid by ALL owners at Deer Ridge.  This includes your monthly HOA fee, the amounts for water, cable TV, telephone AND the calculated amounts that are being charged for this “special” assessment.  The attorney says that ALL of these items MUST be in accordance with the Master Deed Percentages.  Hence, any amounts currently being charged to each and every owner for this “special” assessment is wrongly calculated and should not be made!
   
3. The “board” was required to provide COPIES of the detailed bid requests and bids to any and all owner to substantiate the Asinine Assessment’s outrageous $353,500 price tag – and NOT to just list, “Nuts and Bolts – $50,000!”  Since they were unwilling to do so, this assessment is voided.
   
4. The attorney has stated that the “board” is NOT the board.  The board is required to be elected at the annual meeting and the annual meeting is REQUIRED to be held in the first three months of the year – not in April.  The attorney states that the board is not the board and is powerless to implement ANYTHING.

For at least these four reasons, do NOT make your assessment payment for GGRC.  You can read the full legal opinion from outside counsel by by clicking Legal Opinion.

Declaratory Judgment And Injunction

Instead of each of you paying $3,400 to $5,500 for this illegitimate assessment, join with us in obtaining a court ordered injunction to legally STOP this illegitimate “special” assessment and get a declaratory judgment from the court that will force this “board” to finally abide by our Master Deed and Bylaws.

To get an injunction, we need to file a lawsuit asking the court to rule on the interpretations of the GGRC Master Deed and Bylaws.  We need your help with the legal fees that will be required to stop this assessment – and also to have the injunction and declaratory judgment provide for the full and complete return of monies paid in by owners who have already paid.

We ask that each owner to join with us and contribute $1,000 to cover legal fees and court costs to finally get this stuff resolved.  If you can only do half of that amount or even less, those contributions would also be helpful and appreciated.  The more contributions by owners, the more that can be litigated and the more likely we will win the case.  (Bear in mind, nothing in court is ever a 100% sure thing!)

Our goal will be to also have the lawsuit go after recovery of all of our legal costs so those monies can be repaid to the owners who are willing to stand up and fight this fight.  You can pay securely online via credit card or echeck by clicking Donate or mail a check to me at the address shown below and making the check payable to “Deer Ridge Litigation Fund.”

This $1,000 is a LOT cheaper than paying the outrageous amounts ranging from $3,400 to $5,500 for this illegitimate “special” assessment. Any unused funds will be returned, pro rata, to those Deer Ridge owners who contributed.

We have received several indications that monies already paid by owners into this “special assessment” are being squandered for other purposes – and we want to help make sure that all owners get all of their money back BEFORE it is completely squandered on a multitude of “uses” that were not even listed on the notice from the “board.”

Judge For Yourself

I have my opinions about things. Luther Parker and the “board” have their opinions about things.  Here, for the first time, we have a LEGAL opinion from an independent attorney about what is really happening with your investment at Deer Ridge.  The “board” has not shown any comparable, independent legal opinion.  I am not an attorney – and neither is any member of the “board.”

I invite you to read the entire five page letter from Senior Partner Lewis Howard, Jr. at the law firm, Howard and Howard (www.howardhowardlaw.com).

Also read my open letter to Luther Parker and the “board” titled “Independent Legal Opinion: GGRC Board Guilty Of Numerous Violations / $353,500 Assessment Is Null And Void” and judge for yourself and reach your own conclusions.

You can find both at www.DeerRidgeOwners.com.

Questions / Want To Help Block The Assessment With An Injunction?

Please contact me ASAP at litigation@deerridgeowners.com if you would like to help stop this illegitimate assessment.  Time really is of the essence on this!

With your help, we can stop what the attorney calls “the ongoing abuse of power” by the current “board” and return Deer Ridge to operating legitimately within the legal documents of our Regime.

It is past time to stop this “ongoing abuse of power.”

It is time to replace all of the current “board” with owners who will not abuse their power – and who will abide by the controlling documents of Deer Ridge.

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

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

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

Luther and the Board:

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

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

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

Executive Summary Of Attorney’s Findings

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

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

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

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

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

What Say You Luther?

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

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

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

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

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

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

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

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

The Attorney Letter – And Analysis

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

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

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

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

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

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

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

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

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

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

Clearly, it is NOT.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Now, things get very interesting.

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

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

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

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

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

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

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

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

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

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

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

Have You Noticed A Trend Here?

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

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

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

Govern yourself accordingly.

Robert
A-202

We have just hired an established real estate-focused law firm in Knoxville to begin our legal pursuits against GGRC, Joe Thomas and the current Board of Directors of Deer Ridge Mountain Resort.

We have already paid the necessary retainer – so watch this blog closely for upcoming developments.

Do YOU believe that ALL owners of Deer Ridge deserve the following from their General Manager and Board of Directors:

• Transparency?
• Full accountability?
• Open and responsive communications?
• Right to audio recordings of all board meetings?
• Genuine access to copies of all books and records (except credit card info)?
• Copies of documents that prove that $353,500 is needed for the upcoming assessment (including $50,000 for “nuts and bolts”)?
• Genuine and through auditing?
• No special favors and illegal compensation for board members?
• Fair assessments and HOA fees?
• Adherence to all aspects of the controlling documents under which ALL owners purchased their units – The Master Deed and Bylaws?
• Fair treatment for all owner types:  RML owners, non-RML owners and residents?

If these are reflective of your belief system, then I invite you to help us achieve these goals.

The consistent and predictable actions of Joe Thomas and the current Board make it clear that they are opposed to every one of the concepts described in the above bullet points.  As a consequence, we have no choice but to pursue the above goals with legal action.

If you would like to help us achieve these goals, your contribution to our legal fund would help accelerate our success.

With enough in donations, we can hire BOTH an attorney AND a forensic accountant for the whole process through the Court in Sevier County to make absolutely certain we win EVERY point – and never have to fight Employee Joe and the Board on this stuff again.

Even a $100 contribution will help show that you are in favor of an open and FULLY transparent homeowners’ association at Deer Ridge Mountain Resort!

Thanks so much to those of you who have already contributed!  Just click the button below to donate to the cause.

Deer Ridge – The Mind Map

A mind map is a diagram used to represent words, ideas, tasks, or other items linked to and arranged around a central key word or idea.  I use these all the time to work with my clients as a way to convey complex planning ideas.

I decided to use one for the current pivotal problems at Deer Ridge to better convey the issues to the attorneys we will be working with on our lawsuit(s) – and even as a way to make things clearer to the FBI once they start to investigate the activities of Joe Thomas and the GGRC HOA Board.

This image version is hard to see – so click on the image to get a much more readable Acrobat version.

Once you see it in Acrobat, use the magnification controls to zoom in – and then use the Hand control to move around the image.  Sorry it is so big – but then again, so are the problems we have at Deer Ridge Mountain Resort.

Please let me know of other issues I should include on Version 2.

PS:  This is also now under Documents You Can Download.