Views From Deer Ridge And Beyond

These are my personal images and photos that show the beauty of the view from Deer Ridge Mountain Resort and the Great Smoky Mountains National Park, Cobbly Nob and the Gatlinburg, Tennessee area.

Just click the Play button to watch - or click Big Picture to see a much larger slide show on a dedicated page here at DeerRidgeOwners.com.

Deer Ridge Litigation Fund

Do you, as an owner at Deer Ridge Mountain Resort, believe we are ALL entitled to have access and be able to copy the books and records of our Homeowner's Association?

So, do I.

But, apparently, Employee Joe Thomas and President Luther Parker and the Board disagree - and are doing all they can to block access, publication and candid discussion of the Asinine Assessment, special deals and favored treatment - at the expense of all Owners.

What ARE they so afraid of us finding out?

Maybe it has to do with the HUGE $10,000 overcharge for my HOA Fees, special assessments, water and cable TV bill - which, in my personal opinion, is due to fraudulent intent or at least gross negligence by the Deer Ridge Board of Directors and / or General Manager Joe Thomas. Please see the posts for details.

We have no choice but to file a lawsuit against GGRC and RML in order to finally, once and for all, make it clear that OWNERS do have a right to all the information about our property and our investment at Deer Ridge.

If you have thoughts and ideas and suggestions, please post them here on this blog.

If you have any clout with the Board, convince them to stop the charade - and let the owners have the information that all owners own!

If you want to help cover the legal costs to get us the right to see the bids for $50,000 for nuts and bolts - and the other background documents for the $353,500 Asinine Assessment, please click on the Donate Button below.

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

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

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


Disclaimer

Legalese On

GENERAL DISCLAIMER FOR ALL PAGES AND POSTS AND EVERYTHING ELSE I DO OR SAY REGARDING DEER RIDGE AND ANY AND ALL RELATED PARTIES:

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

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

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

Please note the obvious:

Everything I ever say or write in person, via emails, or on my blog, about Deer Ridge or any and all related entities and organizations or any and all affiliated personnel or owners, is strictly my own personal opinion of course - based, in part, from my owning a unit at Deer Ridge for over five years - and on my own personal history.

That history includes earning a Presidential MBA degree, being awarded a Bachelor of Science, With Honors, in Engineering Physics from UT, working for NASA as a rocket scientist at Marshall Space Flight Center, 30 years of CEO experience directly employing and managing many hundreds of people at multiple companies I personally started and operated (including one that I took public), 15 years experience buying and selling over $100 million of property and managing more than 45,000 rental units - AND being able to read and do four-function arithmetic.

Legalese - And Powered Wig - Off

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Welcome to All Deer Ridge Owners

Welcome to all owners of Deer Ridge Mountain Resort condos in Gatlinburg, Tennessee.

My goal is to help all Deer Ridge owners to have a voice in the management and operation of your property.

Click on the TITLES of any of the following subjects to read the whole posting - and see the comments made by your co-owners. You can also type any term into the below search box, or any word or term in the search cloud.

Click the big image at the top of the page to return to the front page at any time.

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Investment Analysis For A Rental Condo At Deer Ridge


Will you really lose $40,000 cash if you buy a rental condo at Deer Ridge and use Ridge Management Ltd?

Click To Download!

As an owner-occupied home, Deer Ridge is an incredible value with THE best view in the Smokies and great amenities.

However, several owners and would-be owners of Deer Ridge condos have asked me if these units are a good rental property investment or not. To help answer that question objectively, I had to analyze the real moving parts of buying and owning here.

Get my complete, detailed investment analysis based on buying a rental condo unit at Deer Ridge Mountain Resort in Gatlinburg, Tennessee.

It shows what you MUST do to make money when you buy a rental unit at Deer Ridge.

Just click the picture or click Investment Analysis

Recommended Cameras

Gross Negligence – Or Is It Fraud?

Every Dollar You Pay For Deer Ridge Is The WRONG Amount!

Please read the various posts here on this Deer Ridge Owners Blog - and see my evidence and analysis which I believe shows conclusively that EVERY dollar of HOA Fees, EVERY dollar EVERY special assessment, EVERY water bill and cable TV sent out for YEARS to ALL Deer Ridge Owners has been wrong!

In many cases at least ONE THIRD of ALL owners have been GROSSLY overcharged. My calculations show that I have been overcharged more than TEN THOUSAND DOLLARS in the past 50 months I've owned at Deer Ridge.

The Board has been WRONGLY and arbitrarily ignoring the requirements of the Master Deed and the Bylaws for YEARS.

If my analysis is correct, the Board has zero choice. They MUST abide by the Master Deed Percentages.

But they haven’t.

However, if the Board knowingly ignored the clear directives of the Master Deed and the Bylaws when allocating costs to various unit types, and overcharging certain unit types on a regular basis, my opinion is that the Board and Joe Thomas may have acted fraudulently.

If they have not been fraudulent, then they have been, at the very least, grossly negligent.

Read the various blog postings - and judge for yourself.

Comments Welcome From All Visitors

You are welcome to leave your comments on the various posts on the blog. You no longer have to be registered to comment. (Even regular contributors had trouble remembering their log on passwords!)

Note that SPAM blockers are in place - and all comments require approval to be visible.

So, let's hear from you on these topics!

To view the comments, you need to click on the post topic to see the entire post and the comments.

"We do not believe any group of men adequate enough or wise enough to operate without scrutiny or without criticism. We know that the only way to avoid error is to detect it, that the only way to detect it is to be free to inquire. We know that in secrecy error undetected will flourish and subvert." — J. Robert Oppenheimer. This includes the Board of Directors of Deer Ridge Mountain Resort.


King of All Vegas Real Estate Scams – From Bloomberg Businessweek

share save 171 16 King of All Vegas Real Estate Scams   From Bloomberg Businessweek

From Bloomberg Businessweek – December 8, 2011

This article was recommended by one of readers.  Ron said, “I thought you might find this article instructive, especially about the kneecap job! I don’t have a dog in your fight, but I’m rooting for you.”  You can draw your own parallels with regard to Deer Ridge Mountain Resort!

A twisted tale of how homeowners were bilked by those they least suspected: their neighbors!

By Felix Gillette

Before the market crashed and home prices tumbled, before federal investigators showed up and hauled away the community records, before her property managers plead guilty for conspiring to rig neighborhood elections, and before her real estate lawyer allegedly tried to commit suicide by overdosing on drugs and setting fire to her home, Wanda Murray thought that buying a condominium in Las Vegas was a pretty good idea.

At first glance, Murray doesn’t look much like the type of person who would arrive in Las Vegas only to get tangled up in and eventually help unravel a complex criminal conspiracy. At 65, she stares out at the world through thick glasses. She is legally blind. Her eyes never quite seem to focus on any one thing. On a recent Friday morning, she sits at her dining room table wearing a zip-up leopard-print sweatshirt and recounts how she helped to foil a group of lawyers and contractors running amok in Sin City. “They didn’t think there would be four old ladies who wouldn’t put up with their stuff,” says Murray. “They really pissed me off.” Continue reading King of All Vegas Real Estate Scams – From Bloomberg Businessweek

share save 171 16 King of All Vegas Real Estate Scams   From Bloomberg Businessweek

Here Is $2 Million Worth Of Proof That Luther Parker Lied About RML At Deer Ridge Mountain Resort

share save 171 16 Here Is $2 Million Worth Of Proof That Luther Parker Lied About RML At Deer Ridge Mountain Resort

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

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

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

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

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

The Big Lie:  RML Makes Our HOA Money

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

BOD Letter 111511 1 Here Is $2 Million Worth Of Proof That Luther Parker Lied About RML At Deer Ridge Mountain Resort

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

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

Really, Luther?

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

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

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

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

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

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

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

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

RML Admitted Loss 063011 of 580781 Here Is $2 Million Worth Of Proof That Luther Parker Lied About RML At Deer Ridge Mountain ResortThe fact that the Gang’s motel business lost over $58,000 in six months time is scary – but the real and complete story is much worse.

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

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

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

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

PLEASE CLICK IMAGE FOR THE BIG PICTURE RML Summary Loss Spreadsheet for 16 Plus Years 1024x676 Here Is $2 Million Worth Of Proof That Luther Parker Lied About RML At Deer Ridge Mountain Resort

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

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

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

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

Whew.

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

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

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

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

Do you understand, now?

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

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

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

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

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

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

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

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

Prove it, Luther.

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

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

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

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

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

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

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

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

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

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

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

 

share save 171 16 Here Is $2 Million Worth Of Proof That Luther Parker Lied About RML At Deer Ridge Mountain Resort

Good Luck Trying To Sell Your Condo At Deer Ridge Mountain Resort

share save 171 16 Good Luck Trying To Sell Your Condo At Deer Ridge Mountain Resort

It’s a bad real estate market out there.  I know – you heard it here first.

According to the latest analysis of home price trends in 384 markets based on the Fiserv/Case-Shiller Indexes, it will be well into the second quarter of 2013 before median home prices across the nation probably bottom out. Click Housing Recovery Slips Out of Sight to read the CNN report.

That’s two more years where the general real estate market will get worse – with prices probably falling ANOTHER 15% to 25%.  If we go into a double dip recession, which is now appearing likely, additional price drops could end up being more severe.

As bad as that is, the situation for selling condos at Deer Ridge Mountain Resort in Gatlinburg, Tennessee is even worse.

Selling A Deer Ridge Condo – Reality Check

Besides it being the worst real estate market since the depression, Deer Ridge owners have several other MAJOR strikes against them that make our units virtually unsaleable to anyone:

  • Deer Ridge has THE highest monthly HOA fees, per square foot, of ANY condo in the entire Gatlinburg / Pigeon Forge / Sevierville or Knoxville area.  At $410 to nearly $500 a month, we simply are pricing our units out of the marketplace – especially when comparing the ratio of HOA fee to the price of the condos.
  • These outrageously high HOA fees will probably rise by $70 to $100 a month MORE when the “board” sets the budget for 2012.  This could end up making our monthly HOA fees a staggering $500 – $600 a month on properties that sell for $35,000 to $90,000.
  • Buyers for Deer Ridge units have the inexcusable burden and liability of having to support and fund a motel business, RML, that is losing all owners over $150,000 a YEAR and is bankrupting our GGRC HOA.

For many folks who could afford a Deer Ridge condo with a normal mortgage, the HOA fees here knock them out of qualifying for financing and reduces, yet again, the small universe of potential buyers who might, just maybe, have an interest in owning a condo at Deer Ridge.

The Glut – At Least 43% Of Deer Ridge Owners Want To Sell

If all of that wasn’t bad enough, there is “The Glut.”

As of now, there are 23 known units at Deer Ridge that are already officially on the market for sale.  21 properties are shown on the MLS listing (click image to get a copy of the document) – PLUS another owner listed his unit last week – and another owner is trying to sell her unit as a For Sale By Owner.  For Sale 082011 Good Luck Trying To Sell Your Condo At Deer Ridge Mountain Resort

On top of all of that, we know of at least another 13 owners who have indicated that they want to sell their Deer Ridge condo – but see it as currently pointless to even list it for sale.  This is known as shadow inventory.

This means that out of the 84 total units at Deer Ridge:

  • 27% of the units are officially on the market.  This, by itself, is a HUGE red flag to most buyers when that high a percentage of units at one development are on the market at one time.
  • 43% of the owners want to sell – when you count both those on the market plus the shadow inventory of those who really want to sell.
  • That’s nearly HALF of the owners of ALL condos at Deer Ridge want to sell!
  • And, you are directly competing with other owners to grab the attention of very few prospective buyers for Deer Ridge.
  • On top of that, all owners at Deer Ridge are having to compete with the mass of sellers dumping their properties all over Gatlinburg and Pigeon Forge as a result of the economic and real estate downturn.

Folks, that 43% of all units at Deer Ridge represents a Glut – and creates even more red flags that are waving in the faces of any prospective buyer of a Deer Ridge unit.

My guess is that many of the shadow inventory units will desperately and aggressively come out of the shadows and be placed on the market if the board has their way and raises the HOA fee by $70 or more in the next three months so they can continue to cover the massive hemorrhage caused by RML’s huge negative cash flow.

If that happens, more and more owners will try slashing their asking price just to try and dump their units at Deer Ridge – with everyone trying to out slash all the other, competing sellers at Deer Ridge.

Another Disadvantage:  Selling Through Joe Thomas and Ridge Resort Realty

So, how do you compete to get your unit sold when almost half of all owners are trying to sell basically the same unit?

For one thing, don’t list with Joe Thomas and Ridge Resort Realty.

Surely, by now you know that he is ONLY interested in selling any units to non-residents who will use their unit for a few weeks a year and list it with RML for rental income.  In my opinion, he will NOT try to sell to anyone who does not fit this tourist / motel rental profile, folks!  He will NOT try to sell to anyone who might use a different rental company.

This is especially true if you are currently using RML since he knows he gets management fees from you as long as you are stuck with your unit.  If your unit sells, it is a financial risk to him since the new buyer might not sign that RML agreement that keeps a non-competitive 50% of rental collections.

This means, in my opinion, if you are listing your unit for sale with Joe Thomas, you have a much WORSE chance of finding a buyer than if you list your property with someone else.  Other owners are using other brokers – so they have a competitive advantage over you if you are using Joe Thomas.  The other brokers don’t care who buys your unit or if they plan on renting out your condo after they buy it.

Recommendation:  Terminate your listing agreement with Ridge Resort Realty and list your unit with another broker.  At least this one disadvantage would be solved – and you would gain an advantage over all the other owners at Deer Ridge who don’t understand this issue.

Another Disadvantage:  Give RML A 60 Day Notice – And Save Yourself Up To $1,000 A Year Or More.

As you all know, RML raised its management fee to a whopping 50% of all dollars they get from renting your unit.  The market is, at most, 40%.  RML is continuing to charge non-owners 40% to manage their properties – but raping owners with their above market 50% fee.  This represents a 25% increase in the dollars out of your pocket and into the pockets of Joe Thomas.

Clearly, Joey and the rest of the Gang don’t give a damn about owners or they wouldn’t have raised your fee from 40% to 50%.

It may seem “convenient” to just use RML to manage your condo rentals – but there are a LOT of other rental companies in Gatlinburg that want your business.  These other rental companies would compete for your business with a better rate and better service than you are going to get from Joe Thomas and RML.

Don’t be passive for false “convenience.”  That’s what Joe Thomas counts on: That you will be too passive, too lazy, too complacent to find a better management company where you get to keep $1,000 or more in your own pockets each year.

Give Joey the required 60 day boot – and get a better rental company!

(See below about how one company only charges 35% – and on a property that has half of  our HOA fees for a much nicer and even smaller complex.

The Only Solution – If You Ever Want To Sell Your Deer Ridge Unit

The only solution to the gross disadvantage that Deer Ridge condos have in the market requires four steps:

  1. Sell or shut down RML and get out of the motel business and stop the $152,000 a year hemorrhage that is bankrupting GGRC. (Be sure and give your 60 day notice to RML and have your unit already listed with another rental management company!)
  2. Fire Joe Thomas – this small 84 unit complex can’t afford his $100,000 employment package.
  3. Hire an independent HOA management company for $20,000 a year – including all bookkeeping. Click Bid to see an actual bid by one company to manage Deer Ridge for only $1,680 per month including all bookkeeping!
  4. After the above three steps are done, cut all monthly HOA fees in HALF – and still have a positive cash flow for GGRC!

All of the above can be done over the next 60 days with the support of over half of the owners.

Another Reality Check:  You ARE Stuck With Your Deer Ridge Unit

Even with the above steps, you are probably stuck owning your Deer Ridge unit for at least two more years.

But with the above Four Step Plan, your HOA fees are cut in HALF while you still own…your property value will go up and your property is immediately more marketable once the real estate market improves.

Doesn’t it make sense to immediately implement that Four Step Plan – and cut our HOA fees in half NOW?

Stay Tuned For The Four Step Proxy

We are having our attorneys draft a proxy in accordance with Article XI of the Bylaws requiring a special meeting and vote strictly to cover the Four Point Plan.  With your help, we won’t have to wait for our lawsuit to shut down RML and stop the negative cash flow.

If you agree with this and want your HOA fees cut in half, and are willing to sign such a proxy, let me know and we will notify you as soon as the proxy is ready.

PS:  Want To See A Sample Of How A Gatlinburg property should be run:   The Highlands Condos of Gatlinburg, Tn.

The owners at The Highlands in Gatlinburg are not at risk for covering a property management company’s negative cash flow like we are with RML – even though they have an onsite management company.

Werner Enterprises, Inc. is located on premises and only charges a 35% management fee (versus 50% at Deer Ridge.) Werner Enterprises does extensive marketing and furnishes housekeeping, linens and supplies in each unit. But by having a totally independent property management company from the HOA, the HOA Board can focus on the owners’ interests and not to be involved in a “For Profit” business that has MANY interests that are contrary to the real interest of the owners.

Their HOA Fees:

  • 1 bedroom $225.00 per month / paid quarterly
  • 2 bedroom $282.00 per month / paid quarterly
  • 3 bedroom $338.00 per month / paid quarterly

Their HOA Fees Include: Water, sewer, cable TV, building insurance, trash collection, common area electricity, pest control, pool and hot tub operations and even firewood (in season).  Compare their 1 bedroom charge of only $225 to the outrageous HOA fees here at Deer Ridge where we pay $410 a month for the same things – but we don’t get the firewood included.

That means we are paying 82% higher monthly fees than they pay for their 1 bedroom units. And that’s before the “board” tries to raise our HOA fees AGAIN in November by another $70 a month.  That would make our fees 113% higher than the Highland’s fees.

Hmmmm….isn’t that interesting – since our Master Deed shows that Luther Parker and the rest of the “board” are currently overcharging all 30 owners of 1 bedroom units at Deer Ridge (36% of ALL units) by this same 82%!!!!

The Highlands have only 54 units to share in common expenses…which should make each unit’s HOA fees higher…but it doesn’t since they don’t have to support Joe Thomas‘ $100,000 plus compensation package and the massive negative cash flow of a money losing motel operation like RML.

This is what we at Deer Ridge compete with – even though these condos sell for $140k – $325k.  and the views rival ours here at Deer Ridge.  See the details by clicking The Highlands.

Folks, this should show you that it is PAST time for a MAJOR change at Deer Ridge. Vote to implement the Four Step Plan!

share save 171 16 Good Luck Trying To Sell Your Condo At Deer Ridge Mountain Resort

RML Now Charging Deer Ridge Owners A 50% Management Fee In Spite Of Bad Trip Advisor Reviews

share save 171 16 RML Now Charging Deer Ridge Owners A 50% Management Fee In Spite Of Bad Trip Advisor Reviews

I assume most of you already know that the “board” just had an emergency meeting – scrambling to cover GGRC’s cash flow problems produced by RML’s ongoing massive cash hemorrhage caused by us continuing to be in the motel business.

During this unannounced and secret meeting, the “board” raised the management fee from the going market rate of 40% to a whopping 50%!

This represents a 25% increase in the management fee currently being paid by Deer Ridge owners who use RML.  This means that if your unit generates $10,000 a year in gross rentals, using RML will now cost you an ADDITIONAL $1,000 a year in management fees.

Hey, we all have got to somehow cover the 10% raise the “board” awarded to Joey earlier this year…irrespective that he was already being paid over THREE TIMES the going rate for his skill sets and responsibilities for this sized property in the Gatlinburg area.

By my calculations, over TWO THIRDS of the annual RML negative cash flow of $152,000 goes to pay all the approved salaries, perqs and benefits that end up in the pockets of Joe Thomas.

Another Negative Review On Trip Advisor

In spite of the raise, in spite of the triple rate pay, it is my professional opinion that Joe Thomas should be immediately fired, for cause, as a result of the many examples of gross incompetence and gross mismanagement cited throughout this web site.

Want to see what your 50% management fee gets you through RML?

Here’s a typical negative review that is the latest Deer Ridge posting on Trip Advisor:

Trip Advisor Review Very Disappointing Beware RML Now Charging Deer Ridge Owners A 50% Management Fee In Spite Of Bad Trip Advisor ReviewsThis is just one of the bad reviews.  Click Deer Ridge Reviews to see several other examples of how RML is viewed by many of the tourists who stay here.

You never hear about all of these bad reviews during the “annual meeting” or in the propaganda sent out by the office to all owners.  But we hear this stuff all the time as we walk around the property.

Is this what you want tourists saying about Deer Ridge after they stay in your unit?  Is this the kind of management you want for your rental property – especially when RML is overcharging you at a rate of 50% of every dollar you make with your condo?

Other Alternatives

It is my understanding that RML is continuing to charge only 40% management fee to cabin owners.  I’ve even heard that they have offered some cabin owners a rate of 35% management fees.

RML has to offer these kinds of rates in the highly competitive property management business in order to compete for customers for their services.

Then, why is RML overcharging Deer Ridge owners a whopping above-market rate of 50%???

I believe it’s because Joey and the Gang think they have you locked in as a captive market – no matter how bad a job they do or how much they want to charge you.

Here’s the secret they are praying you do not discover:  You DO have a choice!

There are several other property management companies in Gatlinburg and Pigeon Forge that would love to have your business – at a competitive rate.

There is NOTHING whatsoever that prevents you from using any management company you want to use for your property rental business.

We know of one owner who has already turned in their 60 day notice to RML.

Maybe, you should be the next.

Recommendation

Do NOT sign the new RML management agreement and lock yourself into a 50% management fee!

Instead, shop around and see if you can save yourself a $1,000 a year more for YOUR pockets – versus Joe Thomas’ pockets – by using another management company.

Then, let’s shut down RML, get out of the motel business and stop the horrific cash flow hemorrhage caused by Joe Thomas’ salaries, perqs and benefits.

 

PS:  Here Are The Notices

Special Board Meeting 50 Percent RML Fees RML Now Charging Deer Ridge Owners A 50% Management Fee In Spite Of Bad Trip Advisor Reviews

RML Letter Raising Fees To 50 Percent RML Now Charging Deer Ridge Owners A 50% Management Fee In Spite Of Bad Trip Advisor Reviews


share save 171 16 RML Now Charging Deer Ridge Owners A 50% Management Fee In Spite Of Bad Trip Advisor Reviews

Guest Post: Open Letter To Deer Ridge Board From C-208 Owner

share save 171 16 Guest Post:  Open Letter To Deer Ridge Board From C 208 Owner

The following is a copy of an email sent to the entire board and Joe Thomas on June 18, 2011 regarding “accusations” and the board’s evasiveness on providing direct answers regarding the Master Deed required insurance escrow account and funding. ( Click Insurance for details about this issue.)

Hey Luther, Board,

In reference to your last e-mail to me below:

Please, If there is an “Accusation” in my e-mail, Please point it out to me..

If any of the questions and / or assumptions I have made regarding the past failure to pay Workman’s Compensation Insurance premiums is incorrect or the amount of money needed from the owners to pay the settlement for the non insured, injured former employee, please let me know.

If in the past, without a formal request given 2 weeks in advance, and after signing a non disclosure agreement and only being able after all this, to view the documents on a Wednesday ….has Joe or the board ever shown any owner, any first hand proof “Original Documents” of any GGRC business.  If so, please remind me….

Asking for proof of the Master Deed Guidelines “Requirements” on Insurance Payments and other important matters should not be such a formal procedure.. The Board either is, or is not escrowing for the upcoming premiums in the prescribed way, or not. For you and Joe and the rest of the board to dance around the issues is unacceptable and you should  be forthright enough to answer these questions, EVEN IF you DEEM Them Trivial, Trite, and coming from a person who’s personality you do not care for.

This is no reason to avoid answering, No reason to spend THOUSANDS of our dollars to shut someone up and intimidate others…….. Just be open with the owners.  Just bring all into view.  Take care of business without spending owners money needlessly.

Please, just be open, be better stewards of the owners money. “Lawyer Fees,” – Are they really necessary in order to stop the questions, or is it a personal vendetta against someone whom the board and the manager view as a potential problem?

Engaging several $250.00 an Hr. lawyers could / should have been avoided by simply having had a very open discussion on these matters, so that we could have put them behind us long ago – With thousands of OUR dollars saved.

I believe GGRC, RML the board were the ones that first hired lawyers and filed law suits in all this, is that correct?

In my opinion, this all has caused a ridiculous level of Aggravation for all concerned, and at very high expense.

All of this because of the board’s unwillingness to be Transparent / Open as you had promised in the past….

Please answer these “Accusations” point by point, so as to be Clear Concise, Non Political.

Is that too much to ask ?

Thank you, Neil Blair C-208

That’s Neil’s June 18th email to Luther Parker and the board. As far as I know, here on July 5th, he has yet to receive his deserved point by point answers.  And, that is why he asked me if he could make this guest post.

I personally believe that Luther Parker, Joe Thomas and the rest of the board have not answered because they don’t want to admit that they are violating yet another provision of our Master Deed by not funding the property insurance escrow account – thereby putting ALL owners at major economic risk.

As owners, what do YOU think?  Post your comments below.

share save 171 16 Guest Post:  Open Letter To Deer Ridge Board From C 208 Owner

We Plan On Court Action To Force Deer Ridge Board To Immediately Escrow Property Insurance

share save 171 16 We Plan On Court Action To Force Deer Ridge Board To Immediately Escrow Property Insurance

UPDATE:

Probably in response to the below posting and the growing outcry from other owners, Joey and the “board” just uploaded an insurance “quote proposal” from 10/07/10 onto the GGRC Blog.

Click Insurance Quote for a copy.

We have no idea if this “quote proposal” is, in fact, the policy that is currently in place, or if the payments are current, or if the annual premium shown on it as $45,480 that was due last November is correct.  My guess is that the final real policy was for more money than is shown on this “quote proposal.”  However, if this proposal turned out to be the real policy, GGRC according to the Master Deed, is required to have the full $45,480 in a separate insurance escrow account by September 1, 2011.

This means that there should be $36,384 in the escrow account as of June 1, 2011.  (I am taking bets that they don’t even have an escrow account – let alone having a segmented $36,384, thereby putting ALL owners at financial risk.)

The GGRC blog posting only has the document posted without any narrative discussion – so there is no word in the posting by Joey and the Gang as to the escrow account or its required funding.

Funny, you would think if they were doing things right, they would have gloated that I was wrong about the escrow account and the required funding.  Go figure.  However, in light of the new posting about Bouncing Payroll Checks, the below information is even more critical to all owners at Deer Ridge!

END OF UPDATE

 

An Additional MAJOR Risk To All Deer Ridge Owners

As previously mentioned in a prior post, we believe that there is very strong evidence that Joe Thomas and the “board” have, once again, put ALL Deer Ridge Owners at economic risk – this time with our property insurance.

Our annual insurance premium is approximately $45,000 to $60,000.

To protect all owners, the Master Deed (see below) requires that all premiums are escrowed in a separate escrow account to ensure that the funds are available when the annual premium becomes due…and that the full amount of the premium is required to be totally escrowed at least 60 days prior to the due date of the annual insurance premium.

New, Upcoming Motion With Court

By our calculations, the amount that needs to be immediately escrowed probably ranges from $30,000 to $42,000.

As a consequence, we plan on filing a new motion with the Court to force Joe Thomas and the “board” to immediately transfer these funds from the current GGRC operating account into a separate court administered escrow account for the protection of all owners.

What will be very interesting to see:  If the board even has sufficient amounts in our operating account to meet this required obligation of our Master Deed.

If these amounts are not escrowed, it is my opinion that this, by itself, is sufficient reason to fire Joe Thomas and the entire board for “cause” for gross negligence and gross incompetence.

However, if these amounts are not available in our operating account at this moment in time, it is my opinion that this, by itself, is sufficient reason to fire Joe Thomas and the entire board for “cause” for MASSIVE gross negligence and MASSIVE gross incompetence.

PRIOR POSTING

Below is the information we had previously posted that gives the proof of the requirement and the list of documents we are immediately demanding from Joe Thomas.

Insurance Escrow Account – Another Violation By The “Board”?

I am highly concerned about the economic viability of GGRC in light of RML’s huge $152,000 negative annual cash flow. Even Larry Ohm’s admitted loss of $55,000 for RML for all of 2010 would cause this same concern.  With that concern in mind, I am highly concerned that Joe Thomas and the Board of Directors have been negligent with regard to Article X of the Master Deed.

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

Article VIII Insurance We Plan On Court Action To Force Deer Ridge Board To Immediately Escrow Property Insurance

I am highly concerned that there has never been any requirement of any kind by Joe Thomas and the board for any owner to abide by this requirement since my purchase in 2005.

I am further concerned that all owners at Deer Ridge are not being afforded the economic protection provided by Article X Section 3 of the Master Deed. I believe there may not be any separate escrow account established and properly funded in accordance with Section 3 of Article X.

Since the annual insurance premium is substantive at approximately $60,000, my calculations show that approximately $6,000 should be escrowed each month so the amount of the account balance should be sufficient to pay the annual $60,000 sixty days prior to the due date as required by the Master Deed.

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

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

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

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

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

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

As a matter of fact, I would recommend that YOU, as an owner at Deer Ridge, immediately request these documents yourself since you also have a right to see them.  If you get them, please send me a copy.

What’s Your Experience With These Documents?

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

  • Have YOU ever written a separate check to the Insurance escrow account as required by our Master Deed?

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

Even More Evidence of Gross Mismanagement and Gross Negligence By Joe Thomas And The Board?

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

Stay Tuned – We Live In Interesting Times!

share save 171 16 We Plan On Court Action To Force Deer Ridge Board To Immediately Escrow Property Insurance

David Barone Lied To All Deer Ridge Owners About The Lawsuit

share save 171 16 David Barone Lied To All Deer Ridge Owners About The Lawsuit

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:

Barone False Annual Meeting Claim David Barone Lied To All Deer Ridge Owners About The Lawsuit

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?

 

MPSJ Front Page David Barone Lied To All Deer Ridge Owners About The Lawsuit

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.

Co Plaintiff Agreement1 David Barone Lied To All Deer Ridge Owners About The Lawsuit

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 Channeland are adding more videos every week.  Click DeerRidgeOwners Channel to see what’s new!

share save 171 16 David Barone Lied To All Deer Ridge Owners About The Lawsuit

HOA Board Abuse – Summary Judgment – Master Deed Percentages – Deer Ridge

share save 171 16 HOA Board Abuse   Summary Judgment   Master Deed Percentages   Deer Ridge

New Video Posted On Our DeerRidgeOwners Channel On YouTube!

Summary Judgment Goals On Our $3 Million Lawsuit

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

This is just the overcharge — not the total paid!

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

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

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

Primary Goals of Lawsuit:

  1. Force HOA Board and General Manager to abide by both Tennessee State Law and Deer Ridge governing documents.
  2. Do away with RML and Ridge Resort Realty as illegitimate ultra vires entities – and stop the $152,000 a year loss to our HOA, GGRC, each year caused by RML.
  3. Force the HOA, GGRC, to abide by the Master Deed Percentages and stop financial discrimination against 36% of all owners.
  4. Force the HOA to stop overcharging the 30 one bedroom owners by a whopping 82% each month.
  5. Force the HOA to stop overcharging the 30 one bedroom owners for assessments, water, and other services.
  6. Stop the board from making any alterations or additions to the Common Elements without both the 75% vote of all owners AND the 90% vote of all mortgage holders for all units at Deer Ridge.This is a specific requirement of our Master Deed but has ALWAYS been ignored by the Board. Over $200,000 illegitimately spent in last 5 years.
  7. Force the HOA, GGRC, to abide by Tennessee State Law and finally provide the REAL books and records in the format required by the Horizontal Property Act of Tennessee.The Board has continuously fought providing these books and records to owners for more than FIVE YEARS. (Makes you wonder why, huh?)

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

This is just the overcharge — not the total paid!

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

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

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

share save 171 16 HOA Board Abuse   Summary Judgment   Master Deed Percentages   Deer Ridge

RML Has Squandered And Lost $1.3 Million In Deer Ridge HOA Fees

share save 171 16 RML Has Squandered And Lost $1.3 Million In Deer Ridge HOA Fees

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 in the next two weeks as a result of our Motion for Summary Judgment hearing scheduled for April 26, 2011.

The following  movie gives the background on one of these issues: The illegitimacy of RML, a wholly owned subsidiary of our HOA costing us $152,000 / year.  Watch this movie to see how RML has squandered and lost $1.3 MILLION of our HOA fees on trying to run their property management company.  That’s $1.3 Million that we would have had in reserves to cover the Asinine Assessment.

Be sure and check out the movie to see the SMOKING GUN we uncovered that proves the “board” has been lying to all owners about the “profitability of RML all of these years.

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.

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?)

This presentation deals specifically with just one of those four issues up for Summary Judgment: The illegitimate and ultra vires RML – Ridge Management, Ltd.

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

PS: Oh, you wanted to see the specifics of the SMOKING GUN we uncovered?

The board continues to falsely claim that RML “helps” GGRC by making money for the HOA.

But we just found a “Smoking Gun.”  This is a document completed by Joe Thomas, himself, and given to owners showing the financial performance of RML over a 10 year  period. Click the image to see the BIG picture!

Ten Year History of RML Financials Showing 359K Loss 1024x714 RML Has Squandered And Lost $1.3 Million In Deer Ridge HOA Fees

If you add up all these bottom line figures, you find out that RML was only marginally profitable for 3 years and rip roaringly unprofitable for 7 of the 10 years.  If you add up all the numbers, you find out that RML lost and squandered $359,000 during this period – all taken out of the HOA fees that all owners pay every month.

 Based on our analysis described above, RML is actually losing $152,000 a year for the six years since the Smoking Gun Report.  This equals a loss of $912,000.

  • This loss of $359,000 is lost money out of the reserves of our HOA.  Lost – and gone forever – to support a company that should never have been started, let alone continued.
  • Right now, this same board wants every owner to fund a special assessment for $353,500.
  • All those funds, every penny, would have been in our reserves if not squandered on feeding RML!

As you can see, even though their own document shows a whopping $359,000 loss, it is still based on RML misapplying certain charges back to GGRC thereby understating how much they were REALLY losing during that 10 year period.

Add to this, their admitted loss of $359,000 for the prior ten years.

This RML Loss  Of GGRC HOA Fees Over The Last 16 Years = $1,270,000 = ALL Taken From Owners.

This is the kind of HOA Board Abuse we are trying to stop with our $3 million lawsuit.

Please watch the movie for other interesting facts!

Note To Self:  Be sure and investigate another tidbit of info given away in Joey’s 10 Year Performance Review – Why did all income in Ridge Realty magically stop completely in 2003?  Into whose pockets did those brokerage commissions go since they were obviously no longer going to benefit RML?  I wonder who might have gotten all that money for the past nine years???

share save 171 16 RML Has Squandered And Lost $1.3 Million In Deer Ridge HOA Fees

Deer Ridge – Pathetic Pavilion – New YouTube Video

share save 171 16 Deer Ridge   Pathetic Pavilion   New YouTube Video

New YouTube Video Added

We’ve just added a new video to our Deer Ridge Owners Channel at YouTube.com.   As always, you can watch in hi def and also full screen here or you can view it directly at YouTube.com by clicking the YouTube symbol on the bottom corner of the video.

The Pathetic Pavilion

This video shows the current state of the Joe’s Folly Picnic Pavilion at Deer Ridge Mountain Resort.  These problems have been there for MONTHS…and it’s inexcusable state of disrepair is an embarrassment and a very bad reflection on Deer Ridge to owners, guests and tourists.

Inexcusable.

These photos were taken around Deer Ridge Mountain Resort, Gatlinburg, Tennessee, mostly on March 19, 2011. 

In my opinion, what you are about to see is a dismal indication of gross mismanagement by Joe Thomas, General Manager, at Deer Ridge.

Good First Impression, Huh?

  • Tourists see this mismanagement every time they walk the Nature Trail or walk the property.
  • Tourists see this mismanagement every time they take their kids to the playground.
  • Is this the image of Deer Ridge that you want your guests to have when they visit or rent from you?
  • It’s been INEXCUSABLY like this for MONTHS.
  • Joe Thomas never walks the property any more?
  • We have 3 or 4 on site maintenance people on the payroll.
  • None had time during past MONTHS to have one of them fix this stuff that take less than one day?
  • The maintenance staff of 3 or 4 does what they are told to do by General Manager Joe Thomas.
  • In my opinion, I think it is clearly obvious that Joe Thomas, as General Manager, is doing a pathetic job of managing – and should be fired ASAP for gross incompetence and gross mismanagement.
  • Instead, the “board” just gave Joey a 10% raise.

Find Out More – Watch The Video

When you look at this video, try to imagine how this same level of management incompetent translates across the entire property – and even into your own unit.

Stay Tuned For More Upcoming Deer Ridge Mountain Resort Videos

PS:  I am not an attorney and these opinions are my own.  Please be sure and refer to the full disclaimer language in the side bars and the Terms of this website. 

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Smoking Gun: Board Minutes Show Intent To Block Sales To Non-RML Buyers

share save 171 16 Smoking Gun:  Board Minutes Show Intent To Block Sales To Non RML Buyers

Joe Thomas was quick to unequivocally blame me personally, by name, in the recent “Annual Meeting” for being responsible for the slow sales at Deer Ridge.

Gee, really, Joe?

It has been my personal belief that through his position as Principal Broker of the on site real estate company, Joe Thomas has attempted to overtly control the ownership of units here by encouraging ONLY those potential buyers who indicate a willingness to rent their units through RML while STRONGLY dissuading others potential buyers who want to live in their unit, not rent it, or if they want to rent it themselves.

It is my opinion that these actions by Joe Thomas have had SUBSTANTIALLY more negative impact on the sales of Deer Ridge units than anything I have ever done or published at this blog.

Because of his inherent conflict of interest, I believe that the market values of units at Deer Ridge have been severely depressed when it comes to resale, thereby penalizing all owners.

Want proof?  Consider that the real, closing price current market values of Deer Ridge units is virtually unchanged from the original selling prices of Deer Ridge in 1986!  24 years and no substantive increase in APPARENT value???

But the real story is even worse.

1986 Dollars v. 2010 Dollars At Deer Ridge

Let’s take a concrete example.  Tom Reise is one of the supposed “board members” at Deer Ridge who was one of the original buyers.  Based on the Tennessee public tax records, Tom bought his 2-2 unit on May 15, 1986 for $78,900.  If you average the asking price (not selling price) of all 7 of the 2-2 units currently on the market with Ridge Resort Realty you end up with an average ASKING price of $76,640.   Even though this is $2,000 less than Tom paid 24 years ago, it only tells part of the story.

Tom bought his unit with 1986 dollars.  I think all of us can agree that a dollar today is not the same as a dollar yesterday – and certainly not the same as the buying power of a dollar in 1986 when gas was 89 cents a gallon, a first class stamp was 22 cents and the average price of a new car was $9,300.

So, if you take into account the average annual inflation of 2.88% between 1986 and 2010, the $78,900 that Tom paid for his Deer Ridge condo in 1986 had about the same buying power as $155,886 does in 2010.  Bear in mind that the $155k does not offer ANY profit.  It just represents getting back the same buying power of dollars. The problem is that Tom’s condo is probably only worth $76,640 in 2010 dollars, at best, since that is the average current asking price of 2-2 units at Deer Ridge.  That’s represents HALF of what he originally paid for his unit at Deer Ridge – and that’s only if he gets the average asking price!

I would say that is pretty indicative that this property’s resale values have not done well with regard to inflation – even long before my blog was born.

If you would like a detailed Investment Analysis on owning a unit at Deer Ridge that is managed by RML, click Good Deal?

Why Would Joe Thomas Only Want RML Buyers?

Since RML is, at best, BARELY holding on right now – Joe can’t afford to lose even one unit from RML.  If all 14 units that are currently listed for sale on the Ridge Resort Realty site sold to non-RML owners, the RML party would finally be over – and even Joey and this “Biased Board” could no longer hide the huge cash drain that RML has caused for all owners.  (More on the REAL cash drain of RML coming up soon as a new blog post.)

Think about you trying to sell your unit in today’s environment.

If my personal suspicions  are right and Joe Thomas is really AGGRESSIVELY trying to keep a MAJOR portion of interested buyers from buying at Deer Ridge – just because he thinks they might not use RML – that means MUCH fewer contracts get submitted and owners have less chance to raise prices.

As a matter of fact, less demand means long periods between contracts and sellers who are motivated by this Great Recession to sell – are forced to lower prices – and even fire sale their units.

Remember, Joe makes a lot more money for his little empire from getting a unit in the clutches of RML than he will make off the sales commission here – especially if there is another broker involved who is taking half the commission.

All of that is my personal opinion of course – but doesn’t it make logical sense based on the antics and actions you have seen from Joe Thomas?

Another Smoking Gun:  The Board Minutes of April 2004

If you have any doubts that this RML focus is the prevailing mindset of the power elite and Joe Thomas, I invite you to click BOD Meeting 043004 to download a complete copy of the minutes from that “board” meeting.  What you will find on page 3 is the following:

BOD Minutes 043004 Showing Intent To Block Non RML Sales Smoking Gun:  Board Minutes Show Intent To Block Sales To Non RML BuyersMaybe it is just me – but that sure looks like it is clearly the intent of the board at that time, along with its general manager Joe Thomas, to illegitimately gerrymander prospective buyers of all condos for sale at Deer Ridge. Continue reading Smoking Gun: Board Minutes Show Intent To Block Sales To Non-RML Buyers

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Guest Post: Notice To Quit Using RML

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

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

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

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

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

Thanks,

Neil Blair  C-208

The Most Recent Attack Letter And Your RML Rents

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

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

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

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

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