Deer Ridge Owners - Deer Ridge Mountain Resort - Gatlinburg, Tennessee » secret deals

Tennessee Consumer Affairs Complaint Filed Against Joe Thomas – Attorney General Action Requested

Robert — Mon, 30 Jan 2012 18:43:58 +0000

We are filing an official complaint with the Tennessee Consumer Affairs Division against Joe Thomas, principal broker of Ridge Resort Realty and general manager of both Ridge Management Ltd., Inc. and Gatlinburg Golf and Racquet Club aka Deer Ridge Mountain Resort in Gatlinburg, Tennessee. This complaint is primarily focused on what we believe are deceptive trade practices by Joe Thomas.

This Consumer Affairs complaint is in addition to the just completed complaint package that is being sent to the Tennessee Real Estate Commission requesting them to take disciplinary action against Joe Thomas for multiple violations of the Tennessee Real Estate Broker Act.

These alleged violations include deceptive trade practices, conduct that constitutes improper, fraudulent and dishonest dealings, willful misrepresentations, wrongly acting for more than one party in Deer Ridge transactions without the knowledge and consent in writing of all parties, etc. . We are specifically requesting that their disciplinary actions include fines and permanent revocation of Joe Thomas’ Tennessee real estate license.

The attachment to the Consumer Affairs complaint form is essentially the same as the one that was used for our formal complaint filed with TREC – with the exception of a couple of paragraphs of additional information that we choose to keep confidential at this time.

The only hold up to sending these two packages is that the TREC form requires notarization. This will be done and the completed packages mailed to both TREC and Consumer Affairs either Tuesday or Wednesday of this week.

Four Separate Actions Against Joe Thomas – So Far

Once these packages are mailed, we will have four separate actions in process against Joe Thomas:

Tennessee Securities Division for securities fraud and other securities law violations, etc. Please click Securities Fraud for details.
Tennessee Real Estate Commission (TREC) for multiple violations of the Tennessee Real Estate Broker Act, etc. Please click TREC for details.
Tennessee Consumer Affairs Division for deceptive trade practices, misrepresentations, etc.
Tennessee Attorney General for investigation and possible prosecution of actions related to the above three areas of focus, etc.

Pay attention, Joe: All of these great folks are from the government – and they are here to help you! Who knows? They might, just maybe, all show up at one time to help you all at once!

With regard to Item 1 above: Our complaint has been received by the Tennessee Securities Division, they have assigned an investigator and I have already spoken with the investigator to give additional information. As a consequence, this ticking time bomb is already getting closer to detonation!

Our hope is that each of these agencies will take appropriate actions to stop the ongoing pattern of deceptive trade practices, misrepresentations, securities fraud and discrimination that we believe are regularly perpetrated by Joe Thomas in his triple roles at Deer Ridge Mountain Resort that result in so much conflict of interest

Our hope is that both TREC and the Consumer Affairs Division will review our complaint and conclude that all of our allegations against Joe Thomas are not only fully accurate but that his past and future actions represent a true threat to the public. As such, we are requesting that he not only be sanctioned and substantially fined for his nefarious activities that have continued for more than a decade – but that his Tennessee real estate broker’s license will be permanently revoked so that he can no longer deceive those buying and selling Deer Ridge condos or other real estate in Tennessee.

File Your Own Consumer Affairs Complaint Against Joe Thomas

As described below, we believe we were intentionally deceived by Joe Thomas when we bought our condo at Deer Ridge. If you believe that Joe Thomas also deceived you when you bought your Deer Ridge condo, you are welcome to use the applicable part of our narrative in your own complaint. Simply take that information and complete your own complaint form against Joe Thomas. The Consumer Affairs complaint process and form are available by clicking “Book Em Danno”.

Note: It costs you nothing to file a complaint against Joe Thomas with Consumer Affairs. The great State of Tennessee will take care of it all for you, start to finish, without you having to spend a penny.

Allegations

Remember, as of now these are just my allegations of real estate and securities wrong doing by Luther Parker, Larry Ohm CPA, Joe Thomas, David Barone, Tom Reise and Margie Duncan. I believe that I am 100% correct on these allegations based on my years of experience in the business. We will have to wait and see if any, or all, of the 19 states and/or the SEC agree with me or if TREC and Consumer Affairs agree with me.

Next Filings

We also hope to have the time this week to file a comprehensive securities fraud complaint with the SEC in Washington, D.C

Other state filings, starting with Florida State Securities Division, will be done over the next one to two weeks.

Stay Tuned!

We live in interesting times. And, hopefully, with the help of the State of Tennessee Securities Division, Tennessee Real Estate Commission, Tennessee Consumer Affairs Division and the Tennessee Attorney General, we will make 2012 VERY interesting for the Gang of Six!

Tennessee Real Estate Commission Complaint Filed Against Broker Joe Thomas – License 281040

Robert — Sat, 28 Jan 2012 19:36:23 +0000

We are filing the following official complaint with the Tennessee Real Estate Commission (TREC) against Joe Thomas, principal broker of Ridge Resort Realty and general manager of both Ridge Management Ltd., Inc. and Gatlinburg Golf and Racquet Club aka Deer Ridge Mountain Resort in Gatlinburg, Tennessee.

All the paperwork, including the sworn affidavit and official complaint are done, the CD-ROM with 300 pages of supporting documents and evidence has been burned and the envelope for mailing is complete. The only hold up is that the TREC form requires notarization. This will be done and the entire package mailed to TREC either Monday or Tuesday of next week.

Securities Fraud Complaint Already Filed With Tennessee Securities Division

The TREC complaint is the next in a series of regulatory filings we intend to make against Joe Thomas and/or the GGRC and RML board for their roles in what we believe are ongoing securities fraud and other securities law violations, including multiple states and federal violations.

You can read all about my complaint filed with the Tennessee Securities Division by clicking Securities Fraud Complaint against President Luther Parker of Memphis, TN, Vice President Thomas Reise of Friendship, WI, Treasurer Larry Ohm, CPA of Grant Park, IL, Secretary David A. Barone of Monroe, NY and Director Margie Duncan of Florence, KY and Principal Broker and General Manager of RML and GGRC, Joseph Thomas of Kodak, TN.

(Update: The above complaint has been received by the Tennessee Securities Division, they have assigned an investigator and I have already spoken with the investigator to give additional information. As a consequence, this ticking time bomb is already getting closer to detonation!)

Meanwhile, Back At The Ranch…TREC Complaint And Requested Actions Against Joe Thomas

This particular TREC complaint is currently only focused on Joe Thomas and what we believe are his multiple, serious violations of the Tennessee Real Estate Broker License Act of 1973, as amended. These alleged violations include deceptive trade practices, conduct that constitutes improper, fraudulent and dishonest dealings, willful misrepresentations, wrongly acting for more than one party in Deer Ridge transactions without the knowledge and consent in writing of all parties, etc. (Even though this complaint is solely focused against Joe Thomas, TREC may choose to include actions against Ridge Resort Realty and/or RML and its board.)

Our hope is that TREC will review our complaint and conclude that all of our allegations against Joe Thomas are not only fully accurate but that his past and future actions represent a true threat to the public. As such, we are requesting that he not only be sanctioned and substantially fined for his nefarious activities that have continued for more than a decade – but that his Tennessee real estate broker’s license will be permanently revoked so that he can no longer deceive those buying and selling Deer Ridge condos or other real estate in Tennessee.

File Your Own TREC Complaint Against Joe Thomas

As described below, we believe we were intentionally deceived by Joe Thomas when we bought our condo at Deer Ridge. If you believe that Joe Thomas also deceived you when you bought your Deer Ridge condo, you are welcome to use the applicable part of the below narrative in your own complaint. Simply take that information and complete your own complaint form against Joe Thomas. The TREC complaint process and form are available by clicking “Book Em Danno”.

Note: It costs you nothing to file a complaint against Joe Thomas with TREC. The great State of Tennessee will take care of it all for you, start to finish, without you having to spend a penny.

Their $1 Million Lawsuit

If you recall, a lot of this started when the Gang of Six (Joe Thomas and the “board”) filed a $1 million lawsuit against me for “slander, libel and ‘false light’, etc.” as a way of trying to silence my first amendment rights and to try to shut down this blog. That was two years ago – and we are still here. However, based on recent actions by the Gang, they are still delusional that their $1 million nuisance suit gives them a hammer to force my capitulation.

One of the things that the Gang doesn’t seem to understand: You can legitimately say bad things about people if you believe they are true. And, we have already proven that Luther Parker, Larry Ohm and Joe Thomas, along with the rest of the board have perpetrated a $2 million fraud by falsely claiming that RML makes money for the HOA. (For details, click Luther Parker’s Big Lie.) We believe that this alone would easily convince a jury of our peers that we had the right to say what we have said and continue to say about Joe Thomas and the rest of the Gang. In spite of this, the Gang continues to squander our HOA dues on legal fees in their ongoing vendetta to protect their own little private fiefdom called Deer Ridge.

As a consequence, and with the goal of showing even more proof to a jury of my peers, I am very aggressively pursuing appropriate regulatory rulings that will show that Joe Thomas and the rest of Gang, have had very unclean hands as a result of their massive, ongoing securities fraud, other state and federal securities law violations, deceptive trade practices and violations of Tennessee consumer protection and real estate laws.

Even a single favorable ruling by any of the regulatory agencies agreeing with our official complaints would be that much more proof to the jury that the $1 million lawsuit by the Gang of Six was nothing more than a retaliatory way of trying to suppress our free speech. Having been born and raise in Tennessee, I can tell you with absolute certainty, Tennesseans take their right to free speech VERY seriously. And, they will have no tolerance for the Gang’s actions.

Allegations

Next Filings

During the upcoming week, our regulatory filing of official complaints will include the Tennessee Consumer Protection Division which will be essentially identical to this official complaint filed with TREC. We also hope to have the time this week to file a comprehensive securities fraud complaint with the SEC in Washington, D.C

Other state filings, starting with Florida State Securities Division, will be done over the next one to two weeks.

The Official TREC Complaint

The following is the content of a letter that was attached to the TREC Complaint Form. Also, included in the envelope is a CD-ROM with 300 pages of supporting documents and other evidence.

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Complaint: Deceptive Trade Practices, Securities Fraud And More Against Tennessee Real Estate Broker
Joseph Thomas – Tennessee License 281040

Summary

This complaint being brought before the Tennessee Real Estate Commission specifically deals with my multiple complaints regarding Tennessee real estate broker Joseph Thomas of Kodak, Tennessee for conduct that constitutes improper, fraudulent and dishonest dealings and other violations of the Tennessee Real Estate Broker License Act of 1973.

The home phone number and home address of Joe Thomas are: (865) 932-1669 / 3229 Autumn Lane, Kodak, TN 37764. The Tennessee Real Estate License number for Joe Thomas is 281040.

To fully understand the extent of Joe Thomas’ alleged willful misrepresentations, deceptive trade practices, securities fraud and more, it is necessary to fully define his conflicting roles with three related companies: Ridge Management, Inc., Gatlinburg Golf and Racquet Club and Ridge Resort Reality.

Ridge Management Ltd, Inc. (“RML”) is a “for profit” Tennessee domestic corporation, with corporate offices at 3710 Weber Road, Gatlinburg, Tennessee 37738, and was originally incorporated December 29 1987. A copy of the current filing information (Control #198618), incorporation documents, stock certificate and articles of incorporation are included as Exhibit A. (All supporting documents are in Acrobat format and are contained in the included CD-ROM.)

RML is owned by the 84 owners who own individual condominiums at Deer Ridge Mountain Resort, Gatlinburg, Tennessee, which is governed by the Gatlinburg Golf and Racquet Club Condominium Association, Inc. (“GGRC”) in accordance with the Tennessee Horizontal Property Act. GGRC is a “non-profit” Tennessee domestic corporation with corporate offices at 3710 Weber Road, Gatlinburg, Tennessee 37738, and was originally incorporated March 13, 1984. A copy of the current filing information (Control # 139212) is also included in Exhibit A.

Joseph Thomas of Kodak, Tennessee serves as the General Manager of both GGRC and RML.

He also serves as Principal Broker of Ridge Resort Realty (“RRR”) (www.RidgeResortRealty.com ) which is a DBA of RML. As a consequence, Joe Thomas serves three major roles in companies all related to RRR, thereby creating a substantive conflict of interest that is not clearly disclosed to buyers of condos at Deer Ridge.

Many, if not most, owners of the 84 total outstanding shares of RML are believed to be unaccredited and unsophisticated investors. The prices for condos at Deer Ridge generally range from $35,000 to $90,000.

It is important to note that RML, under the direction of Joe Thomas, is not solely focused on providing motel services to Deer Ridge owners – but is, instead, a motel service that aggressively pursues cabins and other rental properties which are completely unaffiliated with Deer Ridge. However, in spite of RML expending up to $100,000 or more per year on advertising and marketing, this high risk small company has not been successful in competing in the motel business marketplace and has only signed up about a half dozen additional rental properties. As a consequence, based on corporate audits, RML has lost over $2 million during the past 16.5 years. As the following will show, this $2 million loss was funded by mandatory, illegitimate capital calls that were required to be paid by the real estate owners of all 84 units at Deer Ridge.

By way of background, for the past six plus years, I have been an owner of one of the 84 condo units at Deer Ridge governed by GGRC. As such, I am one of the 84 de facto shareholders of RML.

As an MBA, and the founder and past owner of Goodman Securities, Inc., a NASD Broker/Dealer company which was also a member of SIPC, I believe that I have the necessary credentials and background to recognize that RML, real estate broker Joe Thomas and the board of directors of RML have committed, and continue to commit, what I believe are major state and federal securities law violations including securities fraud exceeding $2 million.

As founder and CEO of a real estate investment company for 15 years that purchased, as a principal, over $100 million of income properties and managed over 45,000 rental units, I believe that I have the necessary credentials and background to recognize that Joe Thomas has committed, and continues to commit, willful misrepresentations, exhibit conduct that constitutes improper, fraudulent and dishonest dealings and deceptive and fraudulent trade practices with regard to many millions of dollars or real estate transactions in Tennessee.

It is my contention that these willful misrepresentations, securities law violations and deceptive trade practices, which have been going on for more than a decade by Joe Thomas, have already resulted in many past and current condo owners being forced into personal bankruptcy and/or losing their Deer Ridge condo in foreclosure or have forced past owners to sell their unit at a significant loss.

As such, I respectfully request that the Tennessee Real Estate Commission thoroughly investigate these complaints for the protection of the past, current and future real estate purchasers of Deer Ridge condos and any and all other persons involved with Tennessee real estate transactions involving Joe Thomas.

Specific Complaints Against Joe Thomas

My complaints include the following allegations:

1. Joe Thomas, General Manager of both GGRC and RML, and the board continue to perpetrate a fraud on all owners by fraudulently claiming, as recently as 60 days ago, that RML has continually made money for the owners. Please see Exhibit B, Luther Parker Letter, dated November 15, 2011 and mailed to all Deer Ridge owners on or about December 1, 2011.

2. In spite of these fraudulent statements and willful misrepresentations, CPA audits commissioned by the corporation clearly show that RML has lost nearly $2 million of owner’s money during the past 16.5 years. This loss of $1,915,934 is calculated based on CPA audits completed by Hickman and Company, CPAs under the direction of Luther Parker, President, Larry Ohm, CPA and Treasurer – and Joe Thomas, General Manager. Please see Exhibit C for copies of all audits and a comprehensive analysis of the audited numbers.

3. This RML loss of $1,915,934 over the past 16.5 years equates to an average RML loss of $116,117 every year.

4. This annual average RML loss of $116,117 has been funded directly out of the pockets of all 84 Deer Ridge owners under the guise of increased, mandatory monthly HOA fees charged to all condo owners at Deer Ridge who happen to also be the stock holders of RML. Instead of the required capital for the operating deficit being funded by an optional capital call to all stockholders, the needed funds are fraudulently included in the monthly HOA fees that are required of all owners. These hidden equity payments continue to equal more than 40% of the contrived monthly HOA fee. Please see Exhibit D for a list of all current owners.

5. This annual average RML loss of $116,117 equals 40% of the $290,540 annual HOA fees collected from all owners of the 84 units at Deer Ridge. As a consequence, nearly half of all HOA fees paid in by the mostly unaccredited and unsophisticated owners are being squandered by this illegitimate corporation’s need for monthly capital infusions.

6. I contend that the actual RML losses are, in fact, much higher than the annual average RML loss of $116,117 shown on the audits. This is because the audits indicate various expense items that should rightfully be associated with and cost accounted with the motel operation of RML are, instead, spurious costs that are listed as expenses of GGRC. I believe that this is being done in order to intentionally deceive owners as to the actual losses that accrue each year from RML’s unprofitable motel operation.

7. RML was illegitimately formed by the board of directors of GGRC in 1987 without a vote of owners – and without providing owners any kind of disclosure or offering document that detailed the risks, management compensation, etc. of the unregistered security. In spite of it not being an approved Common Expense of GGRC, funding for this new corporation, RML, was pulled from the general operating account of GGRC, a non-profit corporation, which in turn was, and is, fully funded by the 84 owners of the condos at Deer Ridge Mountain Resort. As such, RML has offered and continues to offer, unregistered securities to Tennessee residents along with residents of at least 18 other states. Please see Exhibit D.

8. Under the Securities Act of 1933, it is against the law for any company, or “issuer,” to sell securities without either registering the securities with the Securities and Exchange Commission pursuant to Section 5 of the Securities Act or relying upon a valid exemption from the registration requirements. Similarly, pursuant to each individual state’s “Blue Sky” laws, it is generally against the law to sell securities within a state without either registering the securities with the state’s securities regulatory agency or relying upon a valid state exemption from registration.

9. At no time has RML or GGRC ever issued any kind of Reg D private placement memorandum or any other offering document or any type of disclosure documents to the stockholders of RML. There has never been any discussion of risk factors, management compensation or limitations of transfer of ownership that could have tax consequences to both the stockholders and the corporation. Additionally, no investors were ever asked to complete any prospective purchaser questionnaires that asserted that they were accredited. Additionally, no Form D was filed with either the state of Tennessee or with the SEC in Washington, D.C. nor was there any filing fee paid in Tennessee for RML or GGRC to qualify for any securities exemptions. As a consequence, any securities offering made by RML or GGRC does not qualify for any exemptions contemplated by Tenn. Code. Ann. §48-2-103.

10. TENN. CODE ANN. § 48-2-102 provides that a security is defined to include investment contracts. An investment contract is an agreement wherein initial value is given and subjected to the risks of an enterprise, with a valuable benefit of some kind, over and above the initial value, being promised, but the investor does not receive meaningful rights to exercise practical or actual control over the managerial decisions of the enterprise. I believe that this definition of an investment contract includes an investment in a vacation home.

11. Please note from Joe Thomas’ current Real Estate Sales Package that is available to the general public, shown as Exhibit E, that he sells condos at Deer Ridge Mountain Resort as a “personal or corporate investment.” Joe Thomas is also currently advertising these investments in Deer Ridge condos in the mainstream media, thereby, in my opinion, publicly offering unregistered securities to Tennessee residents and engaging in securities fraud every time that he attempts to broker a real estate transaction at Deer Ridge.

12. In examining Exhibit E, “Joe Thomas Deer Ridge Sales Package, December 2011,” note the following reference: “GG&RC HOA Fees cover maintenance and upkeep of all commonly owned areas including but not limited to exterior lighting, parking lot, landscaping, playground, tennis court, picnic pavilion, recreation building including indoor pool, Jacuzzi, sauna, steam room, game room, offices, golf membership and multi-peril insurance on the same.”

In spite of Joe Thomas’ insider knowledge and review of the annual audits, nowhere in his “disclosure” is any reference to the fact that 40% or more of the HOA fees listed are used to fund the average annual operating deficit of $116,117 of RML based on the corporation’s audits.

As a consequence, potential buyers are never told of major, unexpected, undisclosed risk factors prior to their purchase of a of a Deer Ridge condo: Their required ownership of stock in RML and their required ongoing, monthly capital infusions into a money losing venture called RML – and that their non-payment of these capital infusions into this money losing venture would result in foreclosure of their Deer Ridge real estate and contingent personal liability for any potential deficiency.

13. Buyers and owners of condos at Deer Ridge are given no choice of owning shares of RML. All owners must own a share of RML and are required to fund RML’s large operating deficits under the guise of required HOA fees that are nearly twice what would be required if RML were not funded by HOA fees. If owners object to this ongoing monthly capital call and do not pay, those owners are threatened with foreclosure of their home at Deer Ridge. This includes the 24 owners who do not use RML’s services – many of whom object to this illegitimately required monthly capital call funding into RML.

14. For example, when I bought my unit, Joe Thomas acted as both listing and selling broker on the transaction. At no time did Joe Thomas disclose any requirement for us to own a participating share of RML nor did he disclose that nearly half of the property’s annual HOA fees would be used to support a motel management company’s negative cash flow – even if we were not users of RML’s motel services. It is our understanding from recent property sales that Joe Thomas continues his historical lack of disclosure, his willful misrepresentations and his deceptive trade practices.

15. Additionally, Joe Thomas and the board of RML and GGRC have conspired to modify the required monthly HOA fees so that they do not match those percentages shown in the Master Deed and Bylaws. For example, the currently charged HOA fee for a one bedroom, one bath condo at Deer Ridge is, in fact, 82% higher each and every month than the percentages that would be paid according to the regime documents provided by Joe Thomas to us and other new buyers of 1-1 units.

In spite of his insider knowledge of this massive 82% discrepancy, Joe Thomas does not disclose this gross overcharge to new buyers of 1-1 units. (36% of all units at Deer Ridge are 1-1 units.) Most buyers would have a reasonable expectation that the property’s Master Deed and Bylaws would be followed by the HOA’s board. As general manager of GGRC, the property’s HOA, Joe Thomas clearly understands this discrepancy – especially in light of Joe Thomas, GGRC and each individual board member being named as co-defendants in a lawsuit in which this 82% overcharge is a key issue. In spite of Joe Thomas’ crystal clear knowledge of this 82% overcharge, the fact is still not properly disclosed on Deer Ridge sales in which he is a participating broker. Likewise, Joe Thomas does not disclose the existence of this current, potentially significant, litigation against the HOA to any new buyers of any sized units at Deer Ridge.

16. The fact that Joe Thomas also served then, and continues to serve, as General Manager of both GGRC and RML, as well as the principal broker of Ridge Resort Realty (a DBA of RML), gave and gives him complete knowledge and insights into the true operation of both corporations. As such, I contend that Joe Thomas knowingly and deviously omits these disclosures as part of his deceptive trade practices as a Tennessee real estate agent since many buyers, ourselves included, would have never bought a Deer Ridge condo if proper disclosure of these risk factors and gross overcharges had been properly made.

17. It is my contention that most buyers of small condos under $90,000 do not expect that they will also be unwilling stockholders in a money-losing motel business that will squander almost half of each year’s HOA fees. As such, the lack of this disclosure by broker and General Manager Joe Thomas is especially nefarious and fraudulent.

18. It is my contention that Joe Thomas , as General Manager and Principal Broker, is aided and abetted by all five members of the board of directors of RML, all of whom are co-conspirators in securities fraud and other securities law violations and have breached their fiduciary duties to all owners. The board members are President Luther Parker of Memphis, TN, Vice President Thomas Reise of Friendship, WI, Treasurer Larry Ohm, CPA of Grant Park, IL, Secretary David A. Barone of Monroe, NY and Director Margie Duncan of Florence, KY. General Manager of RML is Joseph Thomas of Kodak, TN. Please see Exhibit F for a complete listing including each individual’s home address, home telephone number and personal email address.

19. It is my contention that all five board members and Joe Thomas have conspired for years to fraudulently deceive owners at Deer Ridge regarding the profits and losses of RML in order for them to continue to operate their motel business for their own personal gain and benefits – none of which are disclosed to owners. These six individuals are concerned about the growing complaints of owners regarding having the highest HOA fees in the entire East Tennessee area. These six individuals are concerned that if the owners knew the truth about more than 40% of the HOA fees were used to cover the exorbitant annual losses of RML, these owners would take action to shut down this illegitimate corporation and cut their HOA fees in half. These six individuals are concerned that with an RML shut down, the benefits they uniquely receive from their motel business would be lost. I contend that this is the primary reason that Luther Parker, Larry Ohm, CPA and Joe Thomas lead this conspiracy to fraudulently lie to all owners about the profitability of RML.

20. TENN. CODE ANN. § 48-2-121 provides that it is unlawful for any person, in connection with the offer, sale or purchase of any security in this state, directly or indirectly, to make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading. In spite of the corporations’ audits showing a $2 million loss during the past 16.5 years, Luther Parker, Larry Ohm and Joe Thomas continue to falsely assert that RML is a profitable operation in order to intentionally mislead owners.

21. As a result of his inherent conflicts of interest from being the General Manager of RML from which he receives his primary compensation, Joe Thomas, as principal broker for RRR, has consistently discriminated against potential buyers of condos at Deer Ridge who he believed would be a resident owner or who would otherwise not use RML for rental activities. As such, I contend that Joe Thomas was, and is, wrongly acting for more than one party in Deer Ridge transaction without the knowledge and consent in writing of all parties. As such, sellers were not able to have all possible prospective buyers bid on their property. As such, many buyers who were interested in becoming a full time resident were directly, or through subterfuge, strongly discouraged from buying a condo at Deer Ridge. I contend that these malicious acts were, and are, motivated by Joe Thomas’ expectations of increased personal gain at the expense of owners wishing to sell their units.

22. Additionally, those owners who choose to not use RML’s motel services, such as the 24 current owners, continue to be subjected, under the direction of Joe Thomas, to significant discrimination, retaliatory actions and malicious slander and libel as well as being burdened with financial costs not borne by RML participants.

23. Many of these same board members and Joe Thomas have been in complete control of the board and the operation of Deer Ridge for a decade or more.

24. The company’s treasurer is Larry Ohm who claims to be a CPA in Illinois. I contend that because of his profession-required understanding of financial statements, Larry Ohm fully understands the audits and the nearly $2 million aggregate loss they show for the past 16.5 years. Yet, he continually and fraudulently misrepresents that RML is making the stockholders money. Please see Exhibit G which clearly shows Larry Ohm falsely stating that, “This clearly contradicts the accusations by anyone that HOA fees and special assessments are being utilized to pay for the costs of operating RML. In truth, in the past, it was RML that was providing a subsidy to GGRC.”

This fraudulent and misleading statement by Larry Ohm, CPA, was made to all owners in spite of 16 years of audits of the corporation clearly showing a $2 million loss, or an average loss of $116,117 every year for 16 years!

25. Exhibit H includes my Warranty Deed, complete closing statement package and my fully executed purchase contract with all attachments showing Joe Thomas as the only broker involved.

These documents show that there was never any disclosure of any kind made to me prior to closing that indicate in any way that I would be fraudulently forced to support a money losing corporation such as RML as part of my purchase or a residential condo. Again, if this had been properly and legitimately disclosed, I would have never considered closing on this transaction.

26. During the past six plus years that I have owned a condo at Deer Ridge, I have documentation that repeatedly pointed out to Joe Thomas and these board members that they are lying to the owners about RML’s profitability in light of the attached annual audits that they themselves commission each year. Therefore, there can be no legitimate claim by any board member or General Manager Joe Thomas that they had no knowledge of the facts.

27. In spite of numerous attempts, during the past six plus years that I have owned a condo at Deer Ridge, I have never received a copy of the Administrator’s Book that lists all income and disbursements, along with supporting vouchers. This Administrator’s Book, in this specific format, is required by the Tennessee Horizontal Property Act (§66-27 -113.) It is my understanding that Joe Thomas and the board have never made this Administrator’s Book available to any owner. Ever. As a consequence, no owner or stockholder in RML has ever been allowed to see the books and records as required by Tennessee state law. It is my contention that this stonewalling is driven by the conspiring board’s strong desire to hide certain transactions from the scrutiny of the stockholders – and it is my belief that these hidden transactions hide multiple acts of malfeasance.

Again, based on my 15 plus years of experience from acquiring $100 million of income property and managing 45,000 rental units – and my many years of experience from owning a NASD broker-dealer and my involvement with numerous private placement offerings and the applicable state and federal securities laws that control such offerings, I strongly believe there may be major, ongoing malfeasance that is negatively impacting the owners of condos at Deer Ridge.

The owners at Deer Ridge are mostly unaccredited investors who, in my opinion, are being consistently and deliberately deceived and victimized by a conspiracy of Joe Thomas and the board of directors of both RML and GGRC who are personally benefiting from these deceptions. I believe that these ongoing activities, deceptive trade practices and material misrepresentations are violations of the Tennessee Securities Act of 1980, as amended, and violations of the Tennessee Real Estate Broker License Act of 1973, as amended, and put the public at significant risk of immediate and irreparable injury, loss or damage.

Based on the above allegations and the enclosed exhibits, I believe that your investigation will find that Joe Thomas, Luther Parker, Larry Ohm CPA and the rest of the board continue to perpetrate willful misrepresentations, conduct that constitutes improper, fraudulent or dishonest dealings and numerous and substantial securities law violations to the financial determent of past, current and future owners of condos at Deer Ridge.

I have already filed a complaint for securities fraud with the Securities Division of the Department of Commerce and Insurance for the State of Tennessee asking that they investigate this complaint for the protection of the current and future owners of stock in RML. They have already assigned an investigator who has initiated a comprehensive review of the facts from a securities perspective.

Additionally, I have hired an attorney and we have filed several court actions against Joe Thomas as a result of his willful misrepresentations, deceptive trade practices, violations of securities laws and other nefarious acts.

I am not looking to the Tennessee Real Estate Commission for any recovery of funds to which I may be entitled. I shall look to the courts for that relief.

However, it is my strong belief that the public needs to be protected from Joe Thomas – and that he should not only be sanctioned and substantially fined by the Tennessee Real Estate Commission – but should have his Tennessee real estate license permanently revoked to prevent him from continuing to victimize, mislead and deceive any more real estate buyers and sellers in our great State.

I will be glad to be of help to your investigation and will gladly testify at any hearings concerning this matter.

Not only can I provide your department with numerous additional documents and evidence not contained on the enclosed CD-ROM, I will gladly meet with you at your convenience or discuss these allegations on the phone in order to expedite your review of the facts concerning the multitude real estate violations of Joe Thomas.

Thank you for your consideration of my complaint.

Sincerely,

Robert Goodman

PS: Much of this legal fight is fully documented at my blog www.DeerRidgeOwners.com. This blog has between 35,000 and 50,000 page views per month – with interested viewers all over the country watching to see what justice can be found in the great State of Tennessee.

I hope that the actions of the Tennessee Real Estate Commission will show the nation that we Tennesseans will not tolerate real estate fraud, deceptive trade practices, securities fraud and other securities law violations – and that even unaccredited and unsophisticated real estate buyers will be protected.

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Stay Tuned!

We live in interesting times. And, hopefully, with the help of the State of Tennessee Securities Division and the Tennessee Real Estate Commission, we will make 2012 VERY interesting for the Gang of Six!

Securities Fraud Complaint Filed Against RML, Luther Parker, CPA Larry Ohm, Joe Thomas And All Board Members

Robert — Wed, 21 Dec 2011 17:35:04 +0000

The first of several securities fraud complaints was filed today against RML, Luther Parker, Larry Ohm CPA, Joe Thomas and all “board members” of Ridge Management Ltd, Inc.

This first complaint for securities law violations was filed with the State of Tennessee Department of Commerce and Insurance Securities Division in Nashville. Below you can see the completed form. Attached to the form was the following information along with an included CD-ROM that provides copies of nearly 300 pages of applicable documents and evidence.

Since the current ownership of all 84 units at Deer Ridge Mountain Resort include domiciles in 19 states, I intend to file similar complaints for securities fraud, and other securities law violations, with each of those additional 18 individual states securities divisions. Additionally, since four of the five board members live outside of Tennessee and since ownership is spread across 19 states, I intend to file a similar complaint for securities fraud and other securities law violations with the Securities Exchange Commission (SEC) in Washington D.C. since the geographically diverse ownership makes it a federal case. (Note: If an owner’s home address is in any particular state, then almost always, that state’s unique and specific securities laws must also be followed to the letter – as well as the securities laws of the state of Tennessee.)

As I have previously mentioned here, Luther Parker, Larry Ohm and Joe Thomas all have continued to falsely represent that RML makes money and does not cost our GGRC HOA and the Deer Ridge owners money. In spite of me showing my proof that RML has lost us $2 million during the past 16.5 years BASED ON THEIR AUDITS, the Gang of Six refuses to admit their lies.

I have asked Luther Parker for his proof of his statements in his November 15, 2011 letter that was sent to all owners, “RML does not cost the HOA. In the past it funded GGRC approximately $45,000 per year. The cost to operate GGRC remains the same with or without RML. HOA fees would not be cut in half.”

Folks, these statements by Luther Parker are lies.

And I am tired of Luther Parker, Larry Ohm CPA, Joe Thomas, David Barone, Tom Reise and Margie Duncan intentionally misleading all owners regarding this hugely important and pivotal matter. Luther has not come forward with any proof. So, I intend to force him to prove his statements were true to state authorities – in lots of states.

Based on my experience gained from starting and owning my own National Association of Securities Dealers (NASD) broker-dealer corporation and being a member of the Securities Investor Protection Corporation (SPIC), and having raised $25 million from investors and venture capital, I know something about state and federal securities laws. And it is my opinion, based on all of that experience, that these kinds of lies told repeatedly by Luther Parker, Larry Ohm CPA, Joe Thomas, David Barone, Tom Reise and Margie Duncan should be considered securities fraud.

Additionally, since buying any condo at Deer Ridge requires that any owner become a de facto stockholder of RML, at least 40% of all owners’ HOA fees will be squandered by feeding RML’s massive negative cash flow. Since every new owner, along with all existing owners, are forced to fund this ongoing need for capital contributions into the illegitimate RML, I believe that additional, ongoing major securities fraud is committed by Joe Thomas every time he sells a condo.

This is because Joe Thomas NEVER tells buyers they will be forced to own part of RML and fund these huge negative cash flows. I believe that this despicable and intentional lack of disclosure by Joe Thomas probably violates multiple other state and federal securities laws as well as being violations of the rules and regulations of the Tennessee Real Estate Commission.

RML Is A Corporation That Issued Shares And Is Required To Abide By Securities Law

Whether the Gang of Six likes it or not, Ridge Management Ltd, Inc. is a corporation that is governed by securities laws in Tennessee and elsewhere. As such, these securities laws regulate what can be done, how it can be done and what can be said or not said with regard to RML.

One of the things officers and directors cannot do is lie and mislead investors in the corporation.

If I am showing, based on the corporation’s own audits, that RML lost $2 million during the past 16.5 years, you can easily verify my statement and my math by reviewing the same audits. The same is true for the Securities Division of Tennessee, and all other securities agencies and the SEC.

Luther Parker made his above statements about a month ago. I’ve asked him to prove it. He has chosen once again to ignore owners’ demands of proof – and has not provided an iota of proof of his statement. Again, this is Luther Parker’s most recent published lie, “RML does not cost the HOA. In the past it funded GGRC approximately $45,000 per year. The cost to operate GGRC remains the same with or without RML. HOA fees would not be cut in half.”

Uh huh.

Now, he can try to prove every nuance of those statements to the Securities Division of Tennessee. And, they won’t take his empty, arm waving and name calling as proof of anything! Plus, they have their own forensic accountants and forensic computer experts who know how to find malfeasance and ferret out the REAL truth.

Better get ready, boys, they are from the government – and they are here to help you!

Securities Division of Tennessee – An Agency With Big Teeth

Just so you know, the Securities Division of Tennessee is not some toothless state agency without power to force compliance. Actually, it is just the opposite. It can fine both the corporation and/or the individuals associated with the corporation for all sorts of securities law violations.

A review of recent actions taken by the Securities Division of Tennessee shows that they have forced consent decrees, taken away licenses, shut down companies and have fined individuals involved with various securities law violations, including securities fraud, with personal fines exceeding $500,000 for EACH person involved and for EACH violation. These are for civil violations. If they uncover criminal violations, those charges and actions are dealt with separately and IN ADDITION to the punishments and fines for civil violations.

I would call that some major teeth, n’cest pas?

Just The Start

Virtually every state has a securities division or agency similar to the Securities Division of Tennessee. And each one has similar kinds of teeth for similar kinds of securities fraud.

Of course, if you think that’s bad – well, then we also have the Securities Exchange Commission to help us out since Deer Ridge and RML fall under federal scrutiny too. The SEC has monster teeth.

These are the same folks that sent Martha Stewart and Bearnie Madoff to prison after charging them with securities fraud and other securities law violations. The SEC has already charged 87 CEOs, CFOs and other senior officers and their banks and mortgage companies in the 2008 Financial Crisis with securities violations and have already fined these officers and directors with nearly $2 billion in penalties, disgorgement and other monetary relief.

The Word of Today For The Gang of Six: Disgorgement

Disgorgement is repayment of ill-gotten gains that is imposed on wrong-doers by the courts. Funds that were received through illegal or unethical business transactions such as securities law violations are disgorged, or paid back, with interest to those affected by the action.

Individuals or companies that violate Securities and Exchange Commission (SEC) regulations are typically required to pay both civil money penalties and disgorgement. Civil money penalties are punitive, while disgorgement is about paying back profits made from those actions that violated the SEC’s regulations. However, disgorgement payments are not only demanded of those who violate securities regulations. Anyone profiting from illegal or unethical activities may be civilly required to disgorge their profits.

My expectation is that the SEC and the various state securities agencies will take this same approach of disgorgement with regard to the $2 million Luther Parker lie, and all the OTHER lies and misrepresentations, and force this kind of repayment to ALL past and current owners at Deer Ridge. (Yes, folks, even those of you who have already sold your unit or lost it in foreclosure or forced to sell at a loss may be covered by the complaint process – so be sure and file your own complaint! See below.)

Based on everything I know about securities law – and the MANY ways that things are wrongly done at Deer Ridge and the way lies have been told for years along with all the massive, misleading misrepresentations – I think the SEC might find it interesting to research ALL the ways that this fiefdom has been run for so many years – and the millions of dollars it has cost past and current owners.

Allegations

Remember, as of now these are just my allegations of securities wrong doing by Luther Parker, Larry Ohm CPA, Joe Thomas, David Barone, Tom Reise and Margie Duncan. I believe that I am 100% correct on these allegations based on my years of experience in the business. We will have to wait and see if any, or all, of the 19 states and/or the SEC agree with me.

Below the line is what I filed with the official complaint form for the Securities Division of Tennessee. If you would like to file your own securities law violations complaint against RML and/or the individual members of the Gang of Six with the Tennessee Securities Division, just click “Book ‘em Danno!”

Note: It costs you nothing to file a securities law complaint against RML and the Gang of Six. The great State of Tennessee will take care of it all for you, start to finish, without you having to spend a penny. The same is true for the SEC – and probably every one of the other 18 states where Deer Ridge owners live.

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Investor Complaint For Securities Fraud And Other Securities Law Violations Filed Against Ridge Management LTD, Inc.
and
President Luther Parker, Treasurer Larry Ohm CPA, General Manager Joe Thomas, Vice President Tom Reise, Secretary David Barone and Director Margie Duncan

Summary

Luther Parker, of Memphis, Tennessee, serves as the President of both GGRC and RML.

RML is a rental company that provides motel services for certain Deer Ridge owners, and other real estate owners who do not own a Deer Ridge unit, who wish to rent their individual condo or cabin. Only about 60 of the 84 units at Deer Ridge currently use the motel services of RML. The other 24 owners do not rent their condo or use another rental management company. It is important to note that RML is not solely focused on providing motel services to Deer Ridge owners – but is, instead, a motel service that aggressively pursues cabins and other rental properties which are completely unaffiliated with Deer Ridge. However, in spite of RML expending up to $100,000 and more each year in advertising and marketing, this high risk small company has not been successful in competing in the motel business marketplace and has only signed up about a half dozen additional rental properties.

As a consequence, based on corporate audits, RML has lost $2 million during the past 16.5 years. As the following will show, this $2 million loss was funded by illegitimate capital calls.

By way of background, for the past six plus years, I have been an owner of one of the 84 condo units governed by GGRC. As such, I am one of the 84 de facto shareholders of RML.

As an MBA, and the founder and past owner of a NASD Broker/Dealer company which was also a member of SIPC, I believe that I have the necessary credentials and background to recognize that RML has committed, and continues to commit, what I believe are major state and federal securities law violations including securities fraud exceeding $2 million.

I believe that many of these violations may include current criminal conduct as well as blatant civil violations including ongoing securities fraud happening on a monthly basis.

It is my contention that these securities law violations, which have been going on for more than two decades, have already resulted in many past and current stockholders being forced into personal bankruptcy and/or losing their Deer Ridge condo in foreclosure or have been forced to sell their unit at a significant loss.

Currently, the owners of the 84 units at Deer Ridge are comprised of approximately 14 owners who live in Tennessee and 70 who have domicile addresses in 18 other states.

As such, since securities laws for other jurisdictions are clearly involved, we intend on contacting the state agency for securities laws in each of those 18 other states as well as the Securities Exchange Commission in Washington D.C. for issues regarding federal law. We intend on sending those agencies this same information in this letter along with a copy of the enclosed CD-ROM that contains the supporting documents and evidence.

However, since I am a born and raised Tennessee resident, and since the corporations involved are domestic and under your jurisdiction, I wanted to first contact your department regarding these securities violations so that you could have a head start on enforcement and compliance.

As such, I respectfully request that the Securities Division of the Department of Commerce and Insurance for the State of Tennessee thoroughly investigate this complaint for the protection of the past, current and future owners of common stock in RML.

Investor Complaints

My investor complaint includes the following allegations:

Luther Parker, President of both GGRC and RML, continues to perpetrate a fraud on all stockholders by fraudulently claiming, as recently as 30 days ago, that RML has continually made money for the owners. Please see Exhibit B, Luther Parker Letter, dated November 15, 2011 and mailed to all Deer Ridge owners on or about December 1, 2011.
In spite of the fraudulent claims by Luther Parker, CPA audits commissioned by the corporation clearly show that RML has lost nearly $2 million of investors’ money during the past 16.5 years. This loss of $1,915,934 is calculated based on CPA audits completed by Hickman and Company, CPAs under the direction of Luther Parker, President, Larry Ohm, CPA and Treasurer and Joe Thomas, General Manager. Please see Exhibit C for copies of all audits and a comprehensive analysis of the audited numbers.
This RML loss of $1,915,934 over the past 16.5 years equates to an average RML loss of $116,117 every year.
This annual average RML loss of $116,117 is funded directly out of the pockets of all 84 Deer Ridge owners under the guise of increased monthly HOA fees to all condo owners at Deer Ridge who happen to also be the stock holders of RML. Instead of the required capital for the operating deficit being funded by an optional capital call to all stockholders, the needed funds are fraudulently included in the monthly HOA fees that are required of all owners. These hidden equity payments continue to equal more than 40% of the contrived monthly HOA fee. Please see Exhibit D for a list of all current stockholders.
This annual average RML loss of $116,117 equals 40% of the $290,540 annual HOA fees collected from all owners of the 84 units at Deer Ridge. As a consequence, nearly half of all HOA fees paid in by the mostly unaccredited and unsophisticated investors are being squandered by this illegitimate corporation’s need for monthly capital infusions.
I contend that the actual RML losses are, in fact, much higher than the annual average RML loss of $116,117 shown on the audits. This is because the audits indicate various expense items that should rightfully be associated with and cost accounted with the motel operation of RML are, instead, spurious costs that are listed as expenses of GGRC. I believe that this is being done in order to intentionally deceive stockholders as to the actual losses that accrue each year from RML’s unprofitable motel operation.
RML was illegitimately formed by the board of directors of GGRC in 1987 without a vote of owners – and without providing owners any kind of disclosure or offering document that detailed the risks, management compensation, etc. of the unregistered security. In spite of it not being an approved Common Expense of GGRC, funding for this new corporation, RML, was pulled from the general operating account of GGRC, a non-profit corporation, which in turn was, and is, fully funded by the 84 owners of the condos at Deer Ridge Mountain Resort. As such, RML has offered and continues to offer, unregistered securities to Tennessee residents along with residents of at least 18 other states. Please see Exhibit D.
Under the Securities Act of 1933, it is against the law for any company, or “issuer,” to sell securities without either registering the securities with the Securities and Exchange Commission pursuant to Section 5 of the Securities Act or relying upon a valid exemption from the registration requirements. Similarly, pursuant to each individual state’s “Blue Sky” laws, it is generally against the law to sell securities within a state without either registering the securities with the state’s securities regulatory agency or relying upon a valid state exemption from registration.
At no time has RML or GGRC ever issued any kind of Reg D private placement memorandum or any other offering document or any type of disclosure documents to the stockholders of RML. There has never been any discussion of risk factors, management compensation or limitations of transfer of ownership that could have tax consequences to both the stockholders and the corporation. Additionally, no investors were ever asked to complete any prospective purchaser questionnaires that asserted that they were accredited. Additionally, no Form D was filed with either the state of Tennessee or with the SEC in Washington, D.C. nor was there any filing fee paid in Tennessee for RML or GGRC to qualify for any securities exemptions. As a consequence, any securities offering made by RML or GGRC does not qualify for any exemptions contemplated by Tenn. Code. Ann. §48-2-103.
TENN. CODE ANN. § 48-2-102 provides that a security is defined to include investment contracts. An investment contract is an agreement wherein initial value is given and subjected to the risks of an enterprise, with a valuable benefit of some kind, over and above the initial value, being promised, but the investor does not receive meaningful rights to exercise practical or actual control over the managerial decisions of the enterprise. I believe that this definition of an investment contract includes an investment in a vacation home. Please note from Joe Thomas’ current Real Estate Sales Package that is available to the general public, shown as Exhibit E, that he sells condos at Deer Ridge Mountain Resort as a “personal or corporate investment.” Joe Thomas is also currently advertising these investments in the mainstream media, thereby, in my opinion, publicly offering unregistered securities to Tennessee residents and engaging in securities fraud.
In examining Exhibit E, “Joe Thomas Deer Ridge Sales Package, December 2011,” note the following reference: “GG&RC HOA Fees cover maintenance and upkeep of all commonly owned areas including but not limited to exterior lighting, parking lot, landscaping, playground, tennis court, picnic pavilion, recreation building including indoor pool, Jacuzzi, sauna, steam room, game room, offices, golf membership and multi-peril insurance on the same.” In spite of Joe Thomas’ insider knowledge and review of the annual audits, nowhere in his “disclosure” is any reference to the fact that 40% or more of the HOA fees listed are used to fund the average annual operating deficit of $116,117 of RML based on the corporation’s audits. As a consequence, buyers of condos at Deer Ridge are never told of this ongoing capital call requirement, and major risk factor, prior to their purchase of a condo.
Buyers and owners of condos at Deer Ridge are given no choice of owning shares of RML. All owners must own a share of RML and are required to fund RML’s large operating deficits under the guise of required HOA fees that are nearly twice what would be required if RML were not funded by HOA fees. If owners object to this ongoing monthly capital call and do not pay, those owners are threatened with foreclosure of their home at Deer Ridge. This includes the 24 owners who do not use RML’s services – many of whom object to this illegitimately required monthly capital call funding into RML.
Additionally, there continues to be a complete lack of any disclosure whatsoever regarding the required, ongoing, monthly capital call funding for RML’s negative cash flow when a new owner purchases a condo at Deer Ridge. For example, when I bought my unit, Joe Thomas acted as both listing and selling broker on the transaction. At no time did Joe Thomas disclose any requirement for us to own a participating share of RML nor did he disclose that nearly half of the property’s annual HOA fees would be used to support a motel management company’s negative cash flow – even if we were not users of RML’s motel services. It is our understanding from recent property sales that Joe Thomas continues his historical lack of disclosure.
The fact that Joe Thomas also served then, and continues to serve, as General Manager of both GGRC and RML, as well as the principal broker of Ridge Resort Realty (a DBA of RML), gave and gives him complete knowledge and insights into the true operation of both corporations. As such, I contend that Joe Thomas knowingly and deviously omits this disclosure as part of his deceptive trade practices as a real estate agent since many buyers, ourselves included, would have never bought a Deer Ridge condo if proper disclosure of this risk factor had been properly made.
It is my contention that most buyers of small condos under $90,000 do not expect that they will also be unwilling stockholders in a money-losing motel business that will squander almost half of each year’s HOA fees. As such, the lack of this disclosure by broker and General Manager Joe Thomas is especially nefarious and fraudulent.
It is my contention that Luther Parker, president, is aided and abetted by all four other members of the board of directors and the company’s general manager, all of whom are co-conspirators in securities fraud and other securities law violations and have breached their fiduciary duties to all stockholders. The board members are President Luther Parker of Memphis, TN, Vice President Thomas Reise of Friendship, WI, Treasurer Larry Ohm, CPA of Grant Park, IL, Secretary David A. Barone of Monroe, NY and Director Margie Duncan of Florence, KY. General Manager of RML is Joseph Thomas of Kodak, TN. Please see Exhibit F for a complete listing including each individual’s home address, home telephone number and personal email address.
It is my contention that all five board members and Joe Thomas have conspired for years to fraudulently deceive owners at Deer Ridge regarding the profits and losses of RML in order for them to continue to operate their motel business for their own personal gain and benefits – none of which are disclosed to owners. These six individuals are concerned about the growing complaints of owners regarding having the highest HOA fees in the entire East Tennessee area. These six individuals are concerned that if the owners knew the truth about more than 40% of the HOA fees were used to cover the exorbitant losses of RML, these owners would take action to shut down this illegitimate corporation and cut their HOA fees in half. These six individuals are concerned that with an RML shut down, the benefits they uniquely receive from their motel business would be lost. I contend that this is the primary reason that Luther Parker, Larry Ohm, CPA and Joe Thomas lead this conspiracy to fraudulently lie to all owners about the profitability of RML.
TENN. CODE ANN. § 48-2-121 provides that it is unlawful for any person, in connection with the offer, sale or purchase of any security in this state, directly or indirectly, to make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading. In spite of the corporations’ audits showing a $2 million loss during the past 16.5 years, Luther Parker, Larry Ohm and Joe Thomas continue to falsely assert that RML is a profitable operation in order to intentionally mislead stockholders.
Additionally, those who choose to not use RML’s motel services, such as 24 current owners, are subjected to significant discrimination, retaliatory actions and malicious slander and libel as well as being burdened with financial costs not borne by RML participants.
Many of these same board members and Joe Thomas have been in complete control of the board and the operation of Deer Ridge for a decade or more.
The company’s treasurer is Larry Ohm who claims to be a CPA in Illinois. I contend that because of his profession-required understanding of financial statements, Larry Ohm fully understands the audits and the nearly $2 million aggregate loss they show for the past 16.5 years. Yet, he continually and fraudulently misrepresents that RML is making the stockholders money. Please see Exhibit G which clearly shows Larry Ohm falsely stating that, “This clearly contradicts the accusations by anyone that HOA fees and special assessments are being utilized to pay for the costs of operating RML. In truth, in the past, it was RML that was providing a subsidy to GGRC.” This fraudulent and misleading statement by Larry Ohm, CPA, was made to all owners in spite of 16 years of audits of the corporation clearly showing a $2 million loss, or an average loss of $116,117 every year for 16 years!
Exhibit H includes my Warranty Deed, complete closing statement package and my fully executed purchase contract with all attachments showing Joe Thomas as the only broker involved. These documents show that there was never any disclosure of any kind made to me prior to closing that indicate in any way that I would be fraudulently forced to support a money losing corporation such as RML as part of my purchase or a residential condo. Again, if this had been properly and legitimately disclosed, I would have never considered closing on this transaction.
During the past six plus years that I have owned a condo at Deer Ridge, I have documentation that repeatedly pointed out to these board members that they are lying to the owners about RML’s profitability in light of the attached annual audits that they themselves commission each year. Therefore, there can be no legitimate claim by any board member or General Manager Joe Thomas that they had no knowledge of the facts.
In spite of numerous attempts, during the past six plus years that I have owned a condo at Deer Ridge, I have never received a copy of the Administrator’s Book that lists all income and disbursements, along with supporting vouchers. This Administrator’s Book, in this specific format, is required by the Tennessee Horizontal Property Act (§66-27 -113.) It is my understanding that Joe Thomas and the board have never made this Administrator’s Book available to any owner. Ever. As a consequence, no owner or stockholder in RML has ever been allowed to see the books and records as required by Tennessee state law. It is my contention that this stonewalling is driven by the conspiring board’s strong desire to hide certain transactions from the scrutiny of the stockholders – and it is my belief that these hidden transactions hide multiple acts of malfeasance.

Again, based on my many years of experience from owning a NASD broker-dealer and my involvement with numerous private placement offerings and the applicable state and federal securities laws that control such offerings, I strongly believe there may be major, ongoing malfeasance that is negatively impacting the stockholders of RML.

The owners at Deer Ridge are mostly unaccredited investors who, in my opinion, are being consistently and deliberately deceived and victimized by a conspiracy by the board of directors of both RML and GGRC who are personally benefiting from these deceptions. I believe that these ongoing activities and material misrepresentations are violations of the Tennessee Securities Act of 1980, as amended, and put the public at significant risk of immediate and irreparable injury, loss or damage.

Based on the above allegations and the enclosed exhibits, I believe that your investigation will find that Joe Thomas, Luther Parker, Larry Ohm CPA and the rest of the board continue to perpetrate numerous and substantial securities law violations to the financial determent of past, current and future stockholders of RML.

I respectfully request that the Securities Division of the Department of Commerce and Insurance for the State of Tennessee investigate this complaint for the protection of the current and future owners of stock in RML.

I will be glad to be of help to your investigation.

Thank you for your consideration of my complaint.

Sincerely,

Robert Goodman

I hope that the actions of the Securities Division of the Department of Commerce and Insurance for the State of Tennessee will show the nation that we will not tolerate securities fraud and other securities law violations – and that even unaccredited and unsophisticated investors will be protected.

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Stay Tuned!

We live in interesting times. And, hopefully, with the help of the State of Tennessee Securities Division, we will make 2012 VERY interesting for the Gang of Six!

King of All Vegas Real Estate Scams – From Bloomberg Businessweek

Robert — Mon, 19 Dec 2011 16:50:38 +0000

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.”

Before moving to Las Vegas, Murray and her husband ran a children’s dance studio in the suburbs of Minneapolis. Every so often, they would travel to Las Vegas on vacation. They loved the warm, dry weather. A poolside condo, far away from the Minnesota winters and a short drive from the Bellagio fountains, seemed like the perfect place to retire.

In 2002 they bought a two-bedroom condo for $105,250 in a new gated community, the Vistana, on the southwest outskirts of the city. The development’s architecture consisted of vaguely Spanish-style stuccoed buildings with ruddy tiled roofs. All told, there were 732 units in the subdivision, hundreds of imported palm trees, three swimming pools, and one cloudless Nevada sky.

Condominium complexes such as the Vistana were springing up across the city. Fueled by low interest rates and feverish demand, there were 32,964 closings on new condominiums and apartment conversions in Las Vegas from 2002 to 2007, according to Restrepo Consulting Group. At the same time, the building boom was creating a growing market for the contractors who fixed the construction problems, such as leaky roofs or faulty electrical outlets, that emerged at the hastily built developments.

In Las Vegas these large-scale repair jobs often involved lawsuits. There were a handful of lawyers in town who specialized in such suits, which pitted the collective owners of a gated community—in the form of nonprofit neighborhood corporations known as homeowner associations—against their developers.

As Las Vegas’s housing supply exploded, so did the competition among lawyers and contractors to represent new homeowner associations in so-called construction-defect lawsuits. It was in this environment, according to plea agreements recently unsealed in an ongoing FBI investigation, that a shadowy outfit cooked up a brazen scheme.

When a new development was nearing completion, the group would buy a couple of units in the community and then transfer partial ownership of the condos to individuals secretly on its payroll, according to court documents. While pretending to be residents of the communities, these “straw buyers” would run for leadership positions on boards of the new homeowner associations. By paying off community managers, hiring private investigators to find dirt on legitimate candidates, and rigging elections, the documents allege, the straw buyers were able to infiltrate boards at several new developments in Las Vegas from 2003 to 2008. Once in control of the boards, the straw buyers would then use their governing positions to steer millions of dollars in construction and legal fees back to their co-conspirators. Targets included the Chateau Nouveau, Chateau Versailles, Park Avenue, Palmilla Townhomes, Jasmine, Pebble Creek, Mission Ridge, Mission Pointe, Horizons at Seven Hills, Sunset Cliffs, and the Vistana.

An FBI spokesperson says that for the time being the agency is not commenting on the case. But already the investigation has provided a window into yet another layer of corruption that took place amid the national housing boom and its subsequent hangover—a period that saw a surge in real estate malfeasance of every imaginable variety, including false loan applications, predatory lending schemes, illegal property flipping, equity skimming, and “air loans” (loans for property that doesn’t exist). According to FBI data, the number of suspicious activity reports related to real estate fraud filed by financial institutions jumped to 67,190 in 2009 from 6,936 in 2003.

To this history, Las Vegas has managed to add another florid chapter. So far, prosecutors have reached plea agreements with 10 co-conspirators. Many more are expected to appear in front of judges in the coming months. Says Murray: “We’re all going to be sitting in the front row, watching.”

Not long after moving into the Vistana in 2002, Murray got a letter in the mail from Nancy Quon, a partner at the local law firm Quon Bruce Christensen. Parts of the development hadn’t even been painted yet, and already Quon was soliciting homeowners for a possible construction defect suit.

Among her drab fellow attorneys, clerks, and paralegals, Quon stood out. She had long dark hair, hazel eyes, and pale skin. She drove a red Lexus convertible. During her 10-year marriage to an insurance attorney, she had two daughters and worked as a legal secretary. After a divorce in 1988 she went back to school and earned a law degree. One of her best friends was a Las Vegas judge. At night they did Pilates together.

For years, Quon co-hosted a TV show on Channel 2, Homeowner Talk, in which she gave viewers advice about the city’s razzle-dazzle real estate market. A wine connoisseur, Quon sometimes gave bottles she had collected to charity.

After moving into the Vistana, Murray volunteered to fill a temporary vacancy on the community’s fledgling homeowner association board. The five-member board would be responsible for governing the day-to-day operations of the development. At the time, she says, there wasn’t much competition over the unpaid positions, which were low on perks and high on potential hassles.

In those early days, according to three longtime residents, construction problems at the Vistana were numerous but relatively minor. Some of the units had leaky roofs and windows. There were civil engineering issues involving the sidewalks. The internal fire and security systems didn’t work. Insulation, soundproofing, and plumbing needed fixing in some units.

In July 2003 the board members voted to retain the law firm Angius & Terry—rather than Nancy Quon’s firm—to represent them in a construction defect suit against their developer, Rhodes Homes. According to Murray, Quon told the Vistana residents, “I’ll be back.” Through her public-relations representative, Quon declined an interview request.

In the summer of 2004, Angius & Terry initiated the suit against Rhodes Homes. At the time, says Murray, the potential for a speedy settlement seemed promising. Rhodes Homes has since declared bankruptcy, and a representative for developer James Rhodes declined an interview request.

Murray first sensed trouble the following October, when the Vistana held its annual board election. The results were surprising. Two newcomers, an ex-cop and a union foreman, won spots on the board. It was odd, if only because nobody recalled seeing much of either man around the neighborhood. Shortly after, the two appointed another stranger to a vacant position.

In Nevada, state law requires that to serve on a homeowner association board, an individual must own property in the development. On a hunch, Murray and a group of her neighbors pulled some property records. As it turned out, the newest appointee had recently purchased a mere 0.5 percent of a single condo at the Vistana. Digging around a little bit, the Vistana residents claim they found records that the new board members were employees of Silver Lining Construction.

Murray wasn’t sure why somebody who didn’t actually live in a condo community would want to serve on its unpaid board. It seemed suspicious. In the weeks to come, Murray, along with three other like-minded ladies at the Vistana, formed a kind of amateur detective agency. They searched state property records. They dug deep into Google (GOOG) search results. They even did the occasional stakeout. The more they investigated, the more arrows they found pointing to Silver Lining Construction.

The change at the Vistana came fast that winter. In January 2005 the three new board members on the five-person board canceled a mediation session with Rhodes Homes, fired their attorneys from Angius & Terry, and replaced them with a firm called Spilotro & Kulla. John Spilotro was well known in Vegas not only because of his success as a criminal lawyer but also because of his famous uncle, Anthony “The Ant” Spilotro. During the ’70s, Anthony Spilotro moved from Chicago to Vegas allegedly to help run various mob-related businesses, including the Stardust Resort & Casino. In the years to come he ran roughshod over the city, forming a notorious burglary outfit called The Hole in the Wall Gang and touching off a spasm of street violence that drew national attention, and ultimately, a federal crackdown on organized crime in Vegas.

In 1986 police found Anthony Spilotro’s body several feet under an Indiana cornfield. They suspected he’d been buried alive. In the 1995 Martin Scorsese-directed movie Casino, Joe Pesci plays a character based on Spilotro. A quarter-century later, the surname Spilotro still gives some people in Vegas the heebie-jeebies. “When I heard that name,” recalls Murray, “I went, ‘Oh, you’ve got to be kidding me.’ ” (Spilotro did not respond to a request for comment. He has not been accused of any wrongdoing.)

That January the new members of the Vistana board hired a property management group, Platinum Community Services, run by Lisa Kim. Her husband, Vistana residents would later discover, was Ben Kim, a member of the Las Vegas Metropolitan Police Dept.’s fraud unit. On the side, Ben Kim owned and operated the Courthouse Cafe, a cafeteria inside the city’s regional justice center. He had two partners in the business, lawyer David Amesbury and Leon Benzer, head of Silver Lining Construction.

Murray and her posse of neighborhood sleuths had seen enough. They went to the Las Vegas police, who referred them to the Nevada Real Estate Division, a governmental agency charged, in part, with investigating real estate fraud. The Vistana residents filed a formal complaint and in February 2005, hoping to reclaim control of their board, conducted a recall election. When the votes were counted, their efforts had failed. Suspecting the ballots had been tampered with, Murray organized a second recall election in which the votes were tallied at the neighborhood pool rather than at the association office. This time all the board members connected to Silver Lining Construction lost. Afterward, however, they refused to step down.

In response, the original members of the Vistana board helped to file a civil suit aimed at removing the suspected interlopers. According to Murray, when they showed up in court for the first hearing, they were shocked to see a robust team of eight or so lawyers to defend the “straw buyers.” She couldn’t believe so many billable hours were being racked up to protect a handful of unpaid volunteer positions.

In the end, the jumbo team of lawyers triumphed, the homeowners lost the suit, and the Silver Lining-connected board members carried on.

In the meantime, Spilotro & Kulla hired Nancy Quon, the convertible-driving TV lawyer, to restart the Vistana’s construction defect suit.

In March 2005, on the advice of Quon, the Vistana homeowner association took out a $1 million loan to pay for some emergency repairs while they waited for the lawsuit to move forward. The board hired Benzer of Silver Lining Construction to make the repairs.

All across Nevada, people knew that if you needed to win a tricky election you might want to call a political operative named Steven Wark. In 1988 as a state campaign manager, Wark helped Pat Robertson win Nevada’s Republican Presidential caucus. In 2004, according to his interviews with several news organizations at the time, Wark raised money to help get Ralph Nader on the ballot in Nevada as a way to siphon off votes from Democratic hopeful John Kerry; George W. Bush went on to narrowly win the state. Over the years, Wark had also served as chairman of the Nevada Republican Party, hosted a fundraising event for Rudolph Giuliani, and managed several successful campaigns for Mike Montandon, the former mayor of North Las Vegas.

In spring 2005, having proven his value in Presidential and mayoral campaigns, Wark focused on a smaller political battleground. He joined the homeowner association board at the Vistana. Like the members of the board who appointed Wark to the vacant position, he did not live in the community but had recently purchased a 1 percent share of one Vistana condo.

It didn’t take long to discover that Wark, too, had a connection to Benzer. According to records from the Nevada Secretary of State, Wark and Benzer co-owned a business called Allied Environmental Solutions. Through his lawyer, Wark declined to comment.

By the time Wark arrived on the scene in 2005, the community meetings were growing increasingly heated. As a result, Wark and his four fellow allies on the board began arriving at meetings inside the cabana near the front gates of the Vistana, which everybody called the clubhouse, accompanied by entourages of burly men.

According to Murray, residents who asked the board too many pointed questions risked getting hit with fines on trumped-up charges of violating association rules. Residents recall that when confronted with the intimidation tactics, Wark would habitually drop the names of his powerful allies in Nevada politics. “They acted like they were bulletproof,” says Vistana resident Bruce Wallace.

In the fall of 2007 the Vistana board announced it had reached a $19.1 million settlement with Rhodes Homes. Of that—according to a recent accounting by current Vistana board members—about $11 million in legal fees and reimbursement expenses went to two firms: Spilotro & Kulla and Quon Bruce Christensen. That left $8.1 million for repairs.

One night that September, Amesbury, a lawyer for Silver Lining Construction, stood up at a meeting in the clubhouse. Amesbury, who owned a small firm in Las Vegas, specialized in criminal law. He was also a co-owner, along with Benzer and Kim, of the Courthouse Cafe. That night, Amesbury told the Vistana residents that in 2005 the board had signed a “right-of-first-refusal” contract with Silver Lining Construction. The contract essentially guaranteed Benzer’s company 100 percent of the construction remediation money from the settlement. Moving forward, he said, there would be no competitive bids with other contractors. Amesbury did not respond to a request for an interview sent to his attorney.

Over a roughly six-month period, from the fall of 2007 through the spring of 2008, various teams of subcontractors working for Silver Lining Construction came and went from the Vistana—painting buildings, replacing windows, and patching roofs. By May 2008, all but $450,000 of the $8.1 million was gone.

Shortly after, as the money ran out, the board members connected to Silver Lining Construction stopped showing up at meetings. “They just disappeared,” says current board member Wallace.

On Sept. 24, 2008, the day Murray had been anticipating finally arrived. That morning, and in the days that followed, agents from the FBI served search warrants and confiscated records at several businesses, including the offices of Silver Lining Construction, Platinum Community Services, and Quon Bruce Christensen.

Murray learned about the raids from a report on TV by Channel 8 investigative reporter George Knapp. “It blew me away,” she says. “I was so relieved that it was finally happening.”

While the FBI didn’t go into much detail about the investigation, it was clear from media reports that the scope extended far beyond the Vistana. “We had no idea how far-reaching it was,” says Murray. There were more surprises ahead.

On the morning of Oct. 28, 2010, Daniel Webb, a corrections officer with the Las Vegas Metropolitan Police Dept., was awakened before dawn by a phone call. It was his younger brother, William Ronald Webb (who goes by “Ron”), calling from San Diego. He wanted to know if Daniel could get up, drive across the city, and check in on Ron’s girlfriend, a well-to-do attorney named Nancy Quon. Ron was worried something had happened to her. She hadn’t been answering her phone all night.

Webb later testified to a grand jury that at first he was reluctant to indulge his brother, who sounded drunk. There was a history of mental illness in their family, and Ron had been acting paranoid recently, particularly about the FBI’s investigation into his girlfriend’s law firm.

Eventually, Webb gave in and drove over to Quon’s two-story house in a tony gated community on the west side of town. He retrieved the spare key from under a rock and let himself into the house. Among other amenities it had a wine cellar, a fire pit, a swimming pool, and a Jacuzzi. As soon as he stepped inside, he saw smoke. The house was on fire. He ran outside and called 911.

With an ambulance on the way, Webb rushed back into the house to look for Quon. A few minutes later, in the TV room off the kitchen, he reached into a pile of blankets heaped on a puffy couch and felt a leg. It was Quon. Her eyes were open, and her face was gray. He picked her up, carried her out to the front yard, and began CPR. On the second cycle, she started to cough.

The paramedics arrived shortly. They checked Quon and found she was breathing shallowly, had pinpoint-size pupils, a strong pulse, and was unresponsive. All were signs, one paramedic would later testify, of a narcotic overdose. They treated her with a “narcotic antagonist” drug called Narcan.

A few hours later, Daniel Webb went to the intensive care unit where Quon was being treated. He later testified that Quon was thankful and tried to explain to him what had happened. She allegedly told him that she took some sleeping pills, climbed in the Jacuzzi, and drank a can of Four Loko—a highly caffeinated, fruity malt beverage typically more popular with rebellious teenagers than wine connoisseurs such as Quon.

Afterward, she told Webb, she felt dizzy. She went upstairs, lit some candles, and drew a bath. It was all hazy, but at some point she must have gone downstairs to lie down in the TV room, she allegedly told Webb. Perhaps her bathrobe had accidentally knocked over a candle.

In August 2011, 10 months after the fire, a Clark County grand jury indicted Quon on multiple felony charges, including first-degree arson and insurance fraud.

According to prosecutors, Quon, 51, had taken some sleeping pills, drank a Four Loko, and set her house on fire in an attempt to kill herself. She wanted to take her life, they argued, to avoid the embarrassment of being arrested in the FBI investigation. They further argued that she was trying to do so in a way that would pay out a hefty insurance policy to her two adult daughters, whom she supported financially.

The prosecutor’s case included extensive testimony from Robert Justice, a 45-year-old mechanic and occasional drinking buddy of Quon’s boyfriend, Ron Webb. Justice told the grand jury that weeks before the fire, Webb had tried to hire him to buy the couple a lethal amount of the so-called date-rape drug GHB. According to Justice, Webb wanted the GHB because he thought it wouldn’t turn up in an autopsy. Justice told Webb there were better ways to kill yourself without arousing suspicion. He suggested eating some sleeping pills and then downing a couple cans of Four Loko. Ron Webb is currently in jail, facing multiple charges including conspiracy to commit murder. He has pled not guilty to all charges.

The police arrested Quon in Henderson, Nev., on the afternoon of Aug. 17. At the time of her arrest, she was carrying her passport and $7,000 in cash.

In subsequent court filings, her lawyers have denied that Quon set the fire and have rejected the prosecutor’s assertion that she wanted to kill herself for insurance money and to escape arrest. Her attorney, Thomas Pitaro, has told reporters the prosecutor’s case is based on an “Alice in Wonderland” theory.

Quon is free on $50,000 bail.

These days, life is much quieter at the Vistana clubhouse. Amid the seasonal decorations, there are signs the residents are happily moving on from their ordeal, even as they savor the prospect of watching their former attorneys, property managers, and board members shuffle off to jail.

On one side of the clubhouse, a poster marked “Before and After” leans against the wall. The “before” section features photos of the Vistana during the years when the straw buyers were managing the community. The images show untrimmed palm trees, broken barbecue grills, cracked pool decks, patches of dead grass, dented carports, and a busted front gate. The “after” photos show the gradual, physical recovery of the Vistana in the time since homeowners who actually live in the community regained control of the board.

On bulletin boards a few feet away, dozens of newspaper clippings from the Las Vegas Sun and Las Vegas Review-Journal chronicle the expanding number of individuals who have pled guilty in the FBI investigation. The display is labeled “Wall of Shame.”

The condominium schadenfreude hit a new high on Aug. 30 when Wark, the former chairman of the Nevada Republican Party, appeared before a federal judge and pled guilty to one count of conspiracy to commit mail and wire fraud. The maximum sentence is 30 years in prison. He is awaiting sentencing.

In court documents filed as part of the plea agreement, Wark admits to helping rig elections at the Vistana. Like most condominium complexes built in Las Vegas during the boom, the Vistana had a high percentage of owners who were investors living out of state. According to the court documents, Wark and his crew won the elections, in part, by targeting out-of-state owners unlikely to participate in board elections. They would fill out a ballot on the owner’s behalf without the individual’s knowledge, transport the documents to the owner’s home state, then mail the ballot back to Nevada. The ballots would arrive bearing the correct postmarks, lending the votes credibility.

The fake absentee ballots were used to tilt the campaigns in favor of the straw buyers. When homeowners became suspicious, the court documents reveal, the conspirators would bring in supposedly independent “special election masters” to preside over the vote counting. According to several plea agreements, the election overseers were paid off, too.

Over the past three months, nine more guilty pleas have followed. So far, the ranks of the admitted conspirators have included Deborah Genato of Platinum Community Services, which worked as property manager for the Vistana; Daniel Solomon, a straw purchaser who served on the Vistana board; and Amesbury, Kim and Benzer’s former partner in the Courthouse Cafe. Neither Ben nor Lisa Kim have been charged with a crime.

On the morning of Nov. 16, a few weeks after reaching a plea agreement with prosecutors, Amesbury was found on the streets of a Las Vegas suburb severely beaten with multiple injuries, including two broken kneecaps. According to a story by Jeff German in the Las Vegas Review-Journal, police have so far found no evidence linking the beating to the FBI investigation.

On a recent Thursday evening at the clubhouse, the Vistana board members met with their lawyer, Richard Haskin, to discuss the the community’s civil suit alleging that the straw buyers, in cahoots with Benzer, vastly overpaid for Silver Lining’s services. Haskin is working on an amended civil RICO (Racketeer Influenced and Corrupt Organizations Act) complaint that will add Quon as a defendant and seek upwards of $8 million in damages. “I was privy to the repairs,” says Vistana resident Tony Kneip, himself a retired general contractor. “They were outrageously high.”

Lawyers for Silver Lining Construction continue to allege the homeowner association owes Benzer’s company $750,000. “It’s a classic breach-of-contract, failure-to-pay case,” says Benzer’s attorney, Sigal Chattah.

Whether the Vistana can retrieve any money remains to be seen. The criminal fire investigation revealed that although her law firm has shut down, Quon still possesses significant assets. (No one else at Quon Bruce Christensen has been indicted.) During a court hearing in August, prosecutors told the judge that in 2009, Quon made transfers of $2.7 million and $2.9 million into an offshore bank account. Last year she bought her daughter an apartment in New York City, paying $750,000 in cash.

“The bottom line for the homeowners is we’d like to see a lot of pain and suffering on their end,” says board member Larry Fitch.

In the meantime, thousands of people who bought condos during the boom are still coping with their own financial hardship. Two-bedroom, two-bath condos at the Vistana were going for $200,000 in 2007. In November a 929-square-foot two-bedroom, two-bath unit sold for $59,000.

Murray and her husband moved out of the Vistana in 2008 and now live in a nearby development. “I couldn’t take the pressure anymore,” says Murray. “Everything we did, they came after us. I’d had enough.”

Eventually, she and her husband let their dream home slip into foreclosure. “The reputation was out there, and nobody wanted to live there,” says Murray. “So we let it go. … I took a big hit.”

These days, Murray stays as far away from homeowner associations as possible. She is, however, looking forward to seeing where the FBI’s investigation ultimately leads. Many mysteries remain.

To this day, Murray has never laid eyes on Leon Benzer. No matter how many times they typed his name into Google or drew up elaborate maps linking him to members of their homeowner association, the residents of Vistana never seemed to get a glance of Benzer in person. He always kept his distance. (Through his lawyer, Benzer declined an interview request.)

Benzer’s primary business, Silver Lining Construction, has likewise kept a low profile. In 1998 a rare article about the company in the Review-Journal reported that Silver Lining Construction had been hired to renovate the Pioneer Club, a historic building in downtown Las Vegas that had served as everything from a restaurant to a casino to a brothel. Benzer’s job was to turn the space into a gift shop. “A lot of contractors are afraid of this kind of work because of the hidden nightmares you can run into,” he told the paper. “We like the challenges. We spent six months in preplanning, and our philosophy has always been Murphy’s Law—anything that possibly could go wrong will.”

Over the years a lot seemed to go right for Benzer. He formed a charity called the Benzer Autism Foundation; a music production company, Benzermusic.com; an investment group, Silver Lining Investment; and a boutique liquor brand, Benzila Tequila, that was reportedly made from agave plants that grew on Benzer’s ranch in Mexico.

Although he has not been charged with any crime, Benzer’s businesses are now all shuttered. “Basically, between the economy and the federal investigation, there’s not much left,” says Chattah, his attorney.

Benzer, who is in his mid-40s, continues to live in Las Vegas, she says, and has a source of income. When asked about the rumor that Benzer now works as a local cab driver, Chattah responds, “He might be.”

In 2008, before the FBI raided his offices, Benzer created a channel on YouTube where he posted clips of celebrities giving red carpet shout-outs to Benzila Tequila and his foundation. You can still watch the likes of Tom Jones, Anthony Michael Hall, and Patrick Swayze tossing out paeans of support for Benzer and his charity work. “It’s God’s plan,” says ESPN’s Stephen A. Smith in one video. “If you want to make it to heaven one day, this is a good way to start.”

Gillette is a staff writer for Bloomberg Businessweek in New York.

Deer Ridge Lawsuit: Judge Orders GGRC To Mediation

Robert — Sat, 10 Dec 2011 21:19:06 +0000

Mediation

During the court hearing that was held on December 9, 2011, Judge Rex Ogle ruled that the parties would be required to participate in court ordered mediation.

Unfortunately, this mediation, while court ordered, is not binding. If history is any indicator, the “board” will not participate in good faith which will mean that the mediation will be a complete waste of time and money.

My strong preference would be to turn this over to binding arbitration so these matters could be cost-effectively finalized. But the “board” has no interest in this – and the judge cannot order this. So, we are stuck with probable meaningless mediation.

While we had tried to short circuit this whole process with our motions for summary judgement, the judge made it clear during the hearing that he was not going to rule on any of the issues – and he seemed relieved to find out that we had requested a jury trial. So be it.

Jury Trial

We will do what we can to expedite the mediation so that we can quickly get it out of the way – and move to set a trial date as quickly as we can - once our interrogatories and depositions of Joe Thomas, board members and current and past employees are completed.

We are actually looking forward to showing 12 jurors our proof of the multiple violations by this “board.”

We can’t wait to show how the “board” has squandered 40% of every year’s HOA fees for 16.5 years on RML’s negative cash flow.

We can’t wait to show the jury how the “board” has wasted an average of $116,000 a year, EVERY YEAR, on feeding the negative cash flow of an illegitimately formed RML for a total of nearly $2 million.

We believe that a jury of our peers will see the ongoing bias and discrimination against any owner who does not use RML.

We believe that the jury will see from the evidence that Joe Thomas and the “board” have slandered and libeled me for years, including portraying me in a “false light.”

We believe that the jury will see the self serving benefits that Joe Thomas, board members and other “insiders” have enjoyed at the expense of other owners, including the “trade out” use of units that were not owned by these insiders.

We believe that the jury will see that the strained interpretations of the Master Deed by Joey and the Gang are transparent abuses of power that ignored the requirements of our governing documents.

We believe that the jury will see the ridiculous requirements for reviewing the books and records for what they are: Intentional, multiple road blocks that are fully intended to actually keep the GGRC books and records out of the hands of owners – all an intentional and flagrant violation of the Tennessee Horizontal Property Act.

We believe that the jury will empathize and share our anger at how this “board” has arbitrarily and capriciously run Deer Ridge as their own private fiefdom for years.

We genuinely believe that 12 jurors who are all our peers will rule in our favor on all counts – and will require ALL the changes we have sought at Deer Ridge Mountain Resort – along with awarding us damages, interest and a return of all of our overcharged HOA fees and assessments.

For these, and other reasons, we very much look forward to this jury trial.

New Derivative Action Lawsuit

In addition to all of the above, we are currently preparing a new derivative action lawsuit against Joe Thomas and all individual board members.

This lawsuit will be brought by at least seven current Deer Ridge owners.

These owners will sue the Gang of Six on behalf of GGRC as a way of forcing this renegade “board” to shut down the money losing RML and force them to abide by the multitude of Master Deed and Bylaws that the “board” continues to violate. More about this derivative action lawsuit in the near future.

They Started It – We Will Finish It

As one owner stated in a posting here on this blog, “The board started this. They sued Robert first. And they are wasting all of our money for their own agenda and vendetta.”

I obviously agree – but we will do what we need to do to finish this – and finish it right.

Stay tuned!

If You Are In RML, Your Deer Ridge Condo Can Be Used Free By Joe Thomas

Robert — Fri, 02 Dec 2011 18:49:34 +0000

If you are signed up with RML:

Do you realize that Joe Thomas can use your Deer Ridge unit as much as he wants – without paying you a dime?
Do you realize that Joe Thomas and other employees of RML, and board members can get free stays in Hilton Head, Myrtle Beach and other resorts, get free meals at restaurants, maybe even get free cruises, and enjoy other “personal benefits” – all because RML can use your unit for “promotional” and “complimentary usage”?
Do you realize that all this “wear and tear” on your unit gets you zero income?
Do you realize that you are the one who has to cover the cost for the utilities that are used – so that it is costing you money out of your pocket?
Do you realize that when it is being used for “promotional” and “complimentary usage” that it is unavailable for rental income or even the owner’s use?
Do you realize that Joe Thomas does not even need to tell you when or how often or how many total nights a year that your unit is used like this?
Do you realize that Joe Thomas has “sole discretion” with regard to all of the above – no matter what the owner wants?

Don’t believe me? Well, here is a snippet from the current RML Agreement that all RML users sign:

Pretty scary, huh?

These are know as “trade outs” in the business.

Trade Outs are barter arrangement in which goods or services are exchanged for other goods and services. For example, a newsprint supplier may get advertising space in exchange for paper, or a janitorial firm may exchange its services for a market research by an advertising firm.

Since we live here, we see how much of this goes on. And let me tell you, here in east Tennessee, the barter system is alive and well – and used often.

Interestingly enough, we have noted a huge increase in “tourists” with local tags on the vehicles – and when we say local, we mean tags that indicate the vehicle is registered in either our own Sevier County or in adjacent Cocke County. We have overheard many conversations in the parking lot where these “guests” were commenting that they were staying free.

All of this, especially in light of Joe Thomas’ unconstrained ability to use any RML owner’s unit for “promotional” purposes, makes us wonder what personal benefits he may, just maybe, be receiving at the expense of owners.

I don’t know about you – but if all of this turns out to be true, I personally do not think it is ethical or right for Joe Thomas to be using owners’ units as some kind of new, untraceable currency for his personal benefit. In my opinion, Joe Thomas should not be enjoying free golfing junkets to Hilton Head, Myrtle Beach and beyond – because of the above clause in the RML Rental Agreement.

Next time you talk to Joe Thomas, ask him to tell you how many free trips and cruises he has taken, and his staff have taken, over the years as a consequence of his abilities to use YOUR unit for HIS benefit. Ask Joe Thomas whatever other personal benefits he has received, such as restaurant vouchers and the like, as a consequence of his abilities to use YOUR unit for HIS benefit.

I doubt you will get an honest answer, but I highly recommend the dialog.

How much has YOUR condo been used by Joe Thomas for his own personal benefit?

Another Good Reason To Use Cobbly Nob Rentals

If you sign up with Cobbly Nob Rentals, their contract specifically limits them to use your unit for no more than three days per year – and they cover your costs. Plus, they only charge a 35% management fee versus RML’s current 50% rip off fee. (And 35% is still better than the recent promise to lower RML’s rip off rate in 2012.)

Here’s the snippet from Cobbly Nob’s Agreement:

Which sounds like a better deal to you?

If you would like a better property management company, if you would like more rented nights and if you would like to avoid being overcharged by RML, then click Avoid the RML Rip Off for details!

PPS: Don’t forget – if you sign up with Cobbly Nob Rentals in the next 30 days, you get a ZERO cost transfer! Call Doug Sharp’s personal cell phone at 865-548-3722 and get signed up today while this ZERO cost transfer is still available.

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

Robert — Tue, 29 Nov 2011 19:06:15 +0000

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

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

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

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

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

The Big Lie: RML Makes Our HOA Money

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

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

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

Really, Luther?

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

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

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

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

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

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

A detailed 16.5 year history of the ACTUAL financial results for RML. (It only goes through June 30, 2011 since we have yet to get the financial results for the last half of calendar year 2011.)

The basis for EVERY number of my analysis only comes from THREE sources which are all included in the Real RML Facts Packet for your scrutiny.

One of the three sources is 10 years of AUDITED financial results for RML covering the years 2001 through 2010. All of these audits were completed by GGRC’s auditors, Hickman And Company, P.C., Certified Public Accountants.

The second source of data is from a Joe Thomas presentation at the 2005 Annual Owner’s Meeting. As we all know, Joe Thomas is the general manager around here of both GGRC and RML…oh, and the other conflict of interest position: principal broker of Ridge Resort Realty. You will see in your Packet Joe’s presentation on the performance of RML includes three sheets showing the income, expenses and net income and loss for all years from 1995 through 2004. The packet also contains the underlying worksheet prepared by Joe Thomas that was used for the fancy PowerPoint presentation. (Please ignore Joe’s headline on the PowerPoint presentation that says, “Rental Company Nine-Year Performance.” As everyone else knows, besides Joe Thomas, Years 1995 through 2004 is TEN YEARS of performance.) In spite of Joey’s inability to do simple four function arithmetic for his headline, we will take at face value that all the number in the spreadsheets were done correctly by someone else. Now, remember, all those numbers are Joe Thomas’ numbers – not mine. (I did not have the audit reports before 2001. For some reason, Joey and the board are unwilling to give me copies – but I will assume that Joe Thomas was probably not lying to owners when he prepared his 2005 Owner’s Meeting report on RML’s performance…and that the numbers for those earlier years were based on the audit numbers.)

The third, and last source of data for The Real RML Facts Packet, is from the August 2011 “board” meeting. The board minutes, as prepared by our own David Barone, quotes Larry Ohm, CPA, as stating that the combined RML loss for the first six months of 2011 equaled $58,077.57. Again, these are THEIR numbers – not mine.

All of these documents are what was handed out at annual meetings or mailed to Deer Ridge owners – and does not include any additional documents or insights that I might have been gained from the document production resulting from our current litigation against Luther Parker, Joe Thomas and the rest of the “board.”

Your Real RML Facts Packet contains copies of ALL of these documents for your review. Don’t take my word for it – verify that every number on my summary spreadsheet is accurate and taken from the three source documents.

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

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

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

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

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

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

PLEASE CLICK IMAGE FOR THE BIG PICTURE

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

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

Even using the straight numbers from the three sources show an aggregate net loss over 16.5 years equal to $410,840. This, by itself, shows Luther Parker is lying to you.

If the $58,078 that was lost during the first half of 2011 is extrapolated, this means that Joey and the Gang will lose $116,156 of OUR money for all of 2011.

If the above 2011 extrapolation is correct, then the above $410,840 loss becomes $468,918 for the 17 years.

Luther, in case you don’t understand, if RML loses money, there are only two sources for it to get more: a bank loan and from the individual owners of Deer Ridge condos. Period. RML has a bank line of credit of about $40,000 – but it is guaranteed by OUR HOA monthly assessments. So, again, all those losses really have to get covered just from one place: out of the pockets of ALL owners – whether we use RML or not.

Luther, do you realize that RML has lost $108,047 just during the past 18 months!!!

Are you still with me, Luther? I am trying to put this in baby talk so you can follow the logic. Now, remember, Luther, all of this is from YOUR numbers!

The above numbers already prove that Luther Parker was LYING with his statements in his letter from two weeks ago. Period.

But wait – there’s more!

If you look closely at the audits and the nine, oops, ten year RML performance compiled by Joe Thomas, there are a couple of suspect line items.

One is “GGRC Assessments” that shows as income for RML. What was the source of this income? Well, the wallets of ALL Deer Ridge owners, of course! In other words, RML assessed our HOA, GGRC, in the aggregate amount of $200, 556 during that 16.5 year period. So, that increases the real loss from RML by another $200,556.

But wait – there’s more!

The other line item is “GGRC Charged – Management Fees.” This is not for managing the condos of owners. They currently charge owners a 50% management fee for that. This ”GGRC Charged – Management Fees” is what they are charging to “manage” GGRC! If you remember, this is something we can outsource to a professional HOA management company for $1,680 a month – and that includes all the accounting! This approach would have added up to less than $333,000 over 16.5 years. Click Fire Joe Thomas for the details of this bid.

Instead, Joey and the boys, chose to charge OUR HOA a whopping $1,305,538 for them to oversee and manage our tiny 84 unit complex. Again, this has nothing to do with the needs of RML and it’s own management needs – this was just another way for Joey and the Gang to gouge ALL owners to help support their motel business.

So, just like “GGRC Assessments”, the “GGRC Charged – Management Fees” shows as “income” into RML. And, just like with the ”GGRC Assessments”, every cent of it comes out of the pockets of ALL owners at Deer Ridge!

Still, with me Luther? You haven’t dozed off or had another one of those “senior moments”, have you?

The important part for you to finally get is that the “income” from ”GGRC Assessments” and “GGRC Charged – Management Fees” are bogus income items. They are not monies earned from outside tourists or cabin owners. Every cent of it has come out of the pockets of OWNERS at Deer Ridge!

What this means is that, over the past 16.5 years, all owners have lost $410,840 as a net loss, PLUS the “GGRC Charged – Management Fees” that cost ALL of us $1,304,538 PLUS the ”GGRC Assessments” that cost ALL of us another $200,556.

This equals a GRAND TOTAL LOSS CAUSED DIRECTLY BY RML = $1,915,934. And counting!

Again, Luther, all of this is from YOUR numbers. It also does not include a lot of “hidden” costs that you have wrongly misrepresented and attributed to GGRC as operating costs when, in fact, they were really RML related operating costs. These hidden amounts are massive – but have been left off this analysis until we can finally see the really books and records from ALL accounts. But, I bet you know the real truth, don’t you, Luther? I wouldn’t be surprised when all those misallocations of expenses are taken into account, that our RML motel business has cost all GGRC owners more than $3 MILLION. Is that about right, Luther?

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

Whew.

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

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

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

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

Do you understand, now?

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

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

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

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

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

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

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

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

Prove it, Luther.

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

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

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

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

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

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

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

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

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

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

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

Another Deer Ridge Owner Chooses Cobbly Nob Rentals Over RML

Robert — Sun, 23 Oct 2011 16:06:35 +0000

I received the following comment last night from Neil Blair, one of your fellow owners at Deer Ridge, about his decision and experience changing from RML to Cobbly Nob Rentals.

Six Down / 57 To Go?

Neil mentioned to me that Cobbly’s General Manager Doug Sharp said that four Deer Ridge Owners have now signed up with two more already in the works. That will bring to SIX the total number of owners who are already benefiting from the deal I negotiated with Cobbly that can help all owners from paying 43% more for rental management when compared to the outrageous fees of RML.

There are effectively 78 owners at Deer Ridge (some owners own more than one unit.) Approximately 15 owners are either residents or do not rent out their units. That leaves about 63 owners who do want to rent their units. Based on the above, 6 of these have already made the move – and that’s before most owners even know about the new Cobbly Nob Rentals deal.

We plan on contacting all owners in the very near future – and are confident that many of the 60 or so owners who are still using RML will make the change immediately. After all, who doesn’t want to save themselves 43%?

My hope is that at least three dozen of the 60 owners who are using RML are smart and make the change. If so, this would only leave about 24 owners who are staying with RML for some reason.

Of course, at some point even the “board” will have to recognize just how grossly negligent they are by trying to keep a money losing motel business going…and will have to shut down RML.
With RML already losing $10,000 a MONTH, how much will they lose each month of OUR HOA MONEY as the smart owners change over to Cobbly Nob Rentals?
How much MORE will they raise their management fee to those owners who stay with RML?
How much MORE creative accounting will they use to hide what RML really costs – as more owners leave and sign up with Cobbly?
How will they show a believable and justifiable RML budget for 2012 that is due in all owners’ hands no later than December 1, 2011?
How much more of OUR money will they waste in the coming months desperately trying to keep the RML doors open?

Of course, the good news is that once RML is shut down, we should be able to cut the HOA Fees for ALL owners in HALF!

Dear Board: Get A Clue.

Pay attention, “board.”

I found us a much better deal for ALL owners that will save ALL owners THOUSANDS OF DOLLARS a year EACH for those who change to Cobbly Nob Rentals.

(As a matter of fact, you all as a “board” SHOULD have been the ones, under your fiduciary responsibility, to search out and find the best rental management deal for all owners – instead of continuing to lose all owners money by insisting that RML stay in the motel business!)

As a “board”, you should all want what is best for ALL owners and staying with RML is no longer good for ANY owner – unless, in my personal opinion, some owners or board members are getting “special treatment” that is unavailable to all owners who use RML.

Board Members: Admit it now – and save all owners and our HOA from squandering tens of thousands of MORE dollars trying to keep the already technically bankrupt RML on life support with OUR money. Remember, each of you, individually, can be held personally accountable for gross mismanagement and gross negligence – and the Bylaws do NOT indemnify you for this!

Tick. Tock. Every day of more squandered money – is more money each of you could be held liable for paying back to our GGRC HOA.

Neil’s Comment On Signing Up With Cobbly Nob Rentals

Here are Neil’s comments from last night:

Called Doug’s office, he was not in, but the young lady I spoke to called him with my cell number and, within 10 min., I was speaking to Doug. I just e-mailed my Cobbly Nob Management Agreement to them yesterday.

After using my unit this week-end, it will be managed by Cobbly Nob Rentals.

I have had several resort rental units in Florida. The rental company has always been on site, but never owned and operated by the home owners association.

It is my considered opinion that the Home Owners at Deer Ridge do Not need to be in the rental business since it causes too many problems, and liabilities, for the owners.

I strongly believe that any board of directors that tries to oversee 3 separate entities, all at the same time: A Home Owners Association, Rental Management Co. and a Real Estate Brokerage. would have too much to manage. Then, add in the fact that the same one person that manages our Home Owners Assoc. ALSO Manages the rental company and ALSO runs the real estate brokerage company. Then, consider that same person is also PAID to run all 3 and juggle the best interests of all 3…

Any Manager and Board Would Have a VERY hard time keeping the best interests of all 3 entities in focus. I have seen and heard our board go back and forth on matters of great concern regarding one or the other entity, while doing the best they can, it is very hard for them to make the hard decisions with the homeowners’ best interests solely in mind.

I truly believe we need to have our board FOCUS on keeping the property at Deer Ridge their ONLY Concern.

Let anyone you wish manage your rentals, but we need to get back to the real business at hand here of strictly managing our HOA and that, in my opinion, should be the SOLE focus of our board.

Neil Blair C-208

Thanks, Neil!

Save Yourself 43%

If you, too, would like a better property management company, if you would like more rented nights and if you would like to avoid being overcharged by 43% by RML, then click Avoid the RML Rip Off for details!

Deer Ridge Board Violates Article XII Of Our Master Deed – Again

Robert — Wed, 31 Aug 2011 18:53:05 +0000

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

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

Case in point:

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

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

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

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

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

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

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

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

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

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

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

More Resident Owner Discrimination At Deer Ridge: Two Letters Regarding Our Handling Of Noisy, Obnoxious Tourists

Robert — Tue, 30 Aug 2011 17:34:15 +0000

Below is a copy of an email that was sent to Joe Thomas and the “board” at Deer Ridge Mountain Resort.

We believe that Joe Thomas continues his attempted harassment, intimidation and discrimination against any and all resident owners at Deer Ridge who in any way reduces his income from the illegitimate RML motel rental activities.

Judge For Yourself

To: Joe Thomas and “Board”
Re: Two Letters Regarding Our Handling Of Noisy, Obnoxious Tourists

We received your specious letters of August 5, 2011 and August 24, 2011 complaining about my approach to handling noisy, obnoxious tourists who stay in Unit A-302 at Deer Ridge Mountain Resort.

Neither of your letters are worth my time to point out the countless factual errors and false allegations and spurious assertions that have zero merit…but let me clarify some points for you and the “board” that pertain to this subject:

I view these letters for what they are: part of an ongoing pattern of attempted harassment and intimidation by you and the “board” in order to continue your discrimination against any and all resident owners at Deer Ridge who in any way reduces your income from the illegitimate RML motel rental activities.
We have been told by four tourists in the past six weeks that you are offering a “reward”, incentive or other kinds of compensation in exchange for those tourists generating a positive, glowing report on their stay at Deer Ridge. Besides the clear lack of any ethical moral compass in your even attempting to bribe tourists to give these glowing reports, it strongly emphasizes what I personally believe to be fact: That you continue to flood travel sites with these kinds of bogus reports in order to bury the many negative reports that honest tourists file regarding their stay at Deer Ridge.
Likewise, because of what we see as proof of your tourist report manipulation, we believe that the one that you included in the August 5th letter could have been equally manipulated to misrepresent the truth in order to harass me as a resident owner. I even find that the wording of the tourist complaint smacks of being coached for compensation.
I do continue to note that when the property is almost completely vacant, all the tourists seem to be magically clustered in the A Building, based on parking hangers in the windshields…whereas almost all of C and D Buildings are completely vacant.
Once we get the books and records, we plan on investigating the statistical spreads of rental nights to see if there is, indeed, a pattern of dumping as many tourists as possible in units close to resident owners. If this is, indeed, being done, it is not only more proof of ongoing discrimination against resident owners…but it is also robbing owners in the C and D Buildings of their proportionate share of rental income.
We have also been told by three recent tourists that stayed in Unit A-302 that they knew we were owners. We find this highly suspicious since there is nothing whatsoever on our door that indicates in any way that we are owners. Hence, the only way these tourists could have known that fact was that they were told that during some kind of discussion with the office staff or with you. Besides the obvious increased risk factors to us and the safety of our home created by this kind of inappropriate disclosure, we see this as signs of yet more slander and discrimination against resident owners.
This further supports our strong suspicion that you are willfully and intentionally placing tourists above us who may be instructed, and rewarded, to be especially obnoxious when it comes to being noisy. This would be consistent with what we have been told by prior resident owners here at Deer Ridge that were equally convinced of your attempted harassment and intimidation in order to discriminate against any and all resident owners.

Additionally, we are not constrained by your methodology to deal with obnoxious tourist behavior.

Your “quiet hours” are only a subset of our quiet hours. As a disabled, senior citizen who is home most of the time, my quiet hours are more extensive. As such, I am investigating my legal rights under federal and state fair housing laws that prohibit any discrimination against the disabled and the elderly by you and the “board.”
In fact, I have the legal right to the peaceful and quiet enjoyment of my home ALL the time.
We find that the tourists at Deer Ridge pretty much follow the usual 80%/20% rule. 80% of the tourists are considerate and accommodating once we let them know that the foot fall problem is so bad here due to design issues of the entire property.
We find that knocking on the ceiling once or twice is usually sufficient for reasonable parents to keep their kids from running and jumping around in A-302.
Other times, we find that giving them the one page note that you found so objectionable solves the problem. (Since you erroneously consider it a “sign” that somehow violates the Master Deed and Bylaws, we will either hand it to them directly or leave it as a letter in an envelope for them. Frankly, this same note should be framed and hung in every rental property so that tourists understand the problem since so many complaints regarding foot fall noise have been listed on Trip Advisors, Expedia, etc.)
When the above does not work, I will continue to pound harder and more frequently on our ceiling and I will be forced to increase my direct confrontations with these obnoxious, inconsiderate tourists as I see fit in my sole discretion within the legal constraints of local and state law.
Since you find my one page note so objectionable, I will, from now on, immediately call the Pittman Center Police Department for help in cases of someone as objectionable as the tourist mentioned in your August 5th letter.
We have never benefited from any noise relief by calling the office and will not waste our time with that approach any more. We have received immense help and support on Deer Ridge noise problems with the Pittman Center Police.
Our objections to noise are not solely focused on tourists. As you know, there is another resident in our building who is notorious for noise and a blaring radio on her balcony. When other approaches would not work, I finally called the Pittman Police Department on May 24th. I had recorded the incident on video and the police officer graciously heard our complaint and immediately dealt with this owner. In the nearly 100 days since the police call, there has been zero noise problem from this other owner. If she causes a problem again, even once, we will not hesitate to immediately call the police again, including filing a complaint for prosecution. (You are welcome to view the filed police report if you wish.)
The police officer made it clear that it is part of his job to deal with noise issues at Deer Ridge and urged us to immediately call regarding ANY noise problems we have at this property.
As a consequence, from now on, if we ever have another obnoxious tourist above us who does not immediately cease and desist their noise causing activities, I will once again call the Pittman Center Police Department.
Likewise, if you EVER rent to a group who hires a band to play in the pavilion again, we will immediately call the Pittman Center Police Department. We don’t care how many drunken golfers you may have rented units to. We don’t care what you may deem to be quiet hours. We don’t care how much money you or RML make from the pavilion rental. It will never be tolerated again.
Whether you like it or not, the above is OUR legal and legitimate methodology for dealing with noise issues at Deer Ridge.

I hereby demand that you and the “board” immediately:

Stop any and all harassment of any and all resident owners at Deer Ridge.
Stop trying to unethically manipulate reviews of Deer Ridge.
Stop any and all slander of us or other resident owners to tourists. No tourist has any need to know who is an owner here.

We also demand that you stop any intentionally noisy or potentially noisy tourists from staying in Unit A-302. With all the vacancies at Deer Ridge, it is easy enough to direct them to units above empty condos.

After all, I doubt you want to have a police officer, with uniform, badge and gun, show up knocking on doors at Deer Ridge – or showing up at some drunken party at the pavilion.

Who knows what kind of reviews those kinds of confrontations might generate?

Joe, now that you know MY methodology on noise control, and MY approach to ensure that I have peace and quiet in my own home, I hope you will begin to govern yourself accordingly.

And, if you can’t seem to control yourself, I hope that the “board” will help you understand the implications of all of the above.

cc: Deer Ridge Owners Blog

PS: Naturally, all of the above is my own personal opinion. Please see disclaimer below.

———————————–

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: This email, 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

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

Robert — Tue, 05 Jul 2011 14:32:30 +0000

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.

CPA And Treasurer Larry Ohm Is Lying To You About RML At Deer Ridge

Robert — Mon, 25 Apr 2011 19:57:05 +0000

In my opinion, Larry Ohm, CPA, Treasurer and “board” member of GGRC, aka Deer Ridge Mountain Resort, has been lying to owners for years. Click the YouTube icon to watch in high def and full screen so you can see the numbers.

He attests that the books that he and Joe Thomas cook up are a fair reflection of the operations of both GGRC and RML. In my opinion, these are fabricated lies to mislead the owners at Deer Ridge.

This video shows you why I believe that to be the case.

Find the detailed math at www.DeerRidgeOwners.com/realrml

Prove me wrong if you don’t believe me. But don’t be fooled by the lies and the small checks you get from RML — you are losing a LOT more money than you are netting from using RML. Help stop the bleed from RML — Now!

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.

This video gives the background on one of these issues: The illegitimacy of RML, a wholly owned subsidiary of our HOA costing us $152,000 / year and has squandered nearly AT LEAST $1.3 MILLION over the past 16 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.

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

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 all four issues for Summary Judgment — so stay tuned for those videos at our blog and our YouTube Channel!

Summary Judgment Hearing: We Are Going To FINALLY Get the Deer Ridge Books And Records

Robert — Mon, 18 Apr 2011 20:55:58 +0000

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.

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!

Date Set For Summary Judgement And Motion To Compel Filed Against GGRC, Joe Thomas And Board

Robert — Tue, 01 Mar 2011 05:24:19 +0000

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:

The Master Deed Percentages must be followed – that these clearly stated ratios contained in the Master Deed must be followed for all assessments and common expenses for all owners at Deer Ridge.
Establish the Illegitimacy of RML and Ridge Resort Realty – there is no provision whatsoever in our Master Deed for owners at Deer Ridge to support and fund, and be exposed to the business risks of operating two small businesses. This is not the purpose of a real estate investment in a residential home.
Article XII of the Master Deed must be followed - it requires that the board must have both a 75% vote by homeowners AND a 90% vote by all mortgagees involved with the ownership of Deer Ridge units before any alterations, additions or improvements are made to the common elements of the property.
We have also filed Motions to Compel Joe Thomas and the “board” to finally provide us the books and records of Deer Ridge Mountain Resort in the exact format that is required by Tennessee state law.
We have also filed a Motion for Temporary Injunction to block the currently due second phase of the Asinine Assessment payment.

We believe that the Three Summary Judgment issues are clear cut interpretations of the Master Deed and Bylaws – and do not require findings of fact. As a consequence, a Summary Judgment can be pursued on these three issues.

As such, we are asking the Court to read the controlling documents of Deer Ridge Mountain Resort and rule on the spot on the proper interpretation of the GGRC controlling documents and Tennessee State Law. Since many of our claims rests solely on the proper interpretation of the master documents, there is no need for discovery, depositions or testimony for this part of our litigation. Instead, the controlling documents speak for themselves — and only require the Court to read the 90 pages of our Master Deed and Bylaws and make a ruling based on the Judge’s sole interpretation of these documents.
We are highly confident that our interpretations will prevail — and the strained, manipulated and flatly wrong interpretations that Joey and the Gang have depended on for years will be denied by the Court.
The first issue for Summary Judgment will be that the Master Deed Percentages MUST be followed for all cost allocations and assessments — instead of being based on the “arbitrary and capricious” methods that Joey and the “board” use to illegitimately overcharge all 30 1-1 units by 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!

Homeowner Files $3 Million Lawsuit Against Deer Ridge Mountain Resort AKA Gatlinburg Golf and Racquet Club HOA And Individual Board Members

Robert — Fri, 04 Jun 2010 18:53:16 +0000

In response to their meritless, retaliatory $1 Million defamation lawsuit against me, I have now filed a $3 Million lawsuit against Deer Ridge Mountain Resort, AKA Gatlinburg Golf and Racquet Club HOA and Joe Thomas, Luther Parker, Larry Ohm, Margie Duncan, David Barone and Tom Reise, all as individuals.

The lawsuit against GGRC et al is best summed up by the following on the front page of the suit:

The Defendant would show to the Court that the Complaint filed in this cause is a retaliatory effort by an illegitimately constituted board of directors to stifle legitimate criticism of the Plaintiffs in violation of the United States and Tennessee Constitutions as well as the Defendant’s rights under the Tennessee Nonprofit Corporation Act, T.C.A. §48-51-101 et seq., the Tennessee Horizontal Property Act, T.C.A. §66-27 -101 et seq. as well as the Tennessee Consumer Protection Act, T.C.A. §47-18-101 et seq.

The Lawsuit – The Executive Summary

The Executive Summary of our Counter Suit includes that:

This will be a jury trial.
All of the claims in the specious defamation lawsuit brought by the “board” be dismissed since the illegitimately constituted “board” had, and has, no authority whatsoever to bind GGRC in any action – or to waste owners’ money on a self serving lawsuit.
I get all of my legal fees and court costs paid by GGRC and / or the individual board members and Joe Thomas.
The Court certify our claim as a class action lawsuit – so that ALL current AND past 1-1 owners at Deer Ridge can be compensated for the discriminatory gross overcharges that the current and past “boards” have forced on all one bedroom owners.
The Court declare this to be a derivative action – which means that we will represent GGRC in a lawsuit against all the individuals “board” members and Joe Thomas so that THEY pay for much of these transgressions instead of GGRC – and that they get NO indemnification protection for their illegitimate actions.
We get an injunction stopping the illegitimate Asinine Assessment and forcing Joe Thomas and the “board” to turn over ALL monies to the Court that have been already collected for payments of the Asinine Assessment. That way, those funds paid by owners are protected from being squandered by Joe Thomas and the “board.”
We get a declaratory judgment that all members of the illegally constituted board be removed permanently from office.
We will unwind ALL of the decisions made by all of the current and past illegitimate boards for GGRC for the past 22 years since ALL boards have been illegitimately constituted.
A court appointed receiver take over all operations and management of GGRC and RML and until the Court is able to determine if GGRC should be dissolved – or that an untainted Board can be elected, with said new board receiving guidance from the Court enforcing the governing documents of GGRC.
RML and Ridge Resort Realty, as illegitimate entities, be dissolved and eliminated – with all assets transferred to GGRC.
The Court declares that there is no authority for GGRC to operate a rental or brokerage business and issue a permanent injunction prohibiting inclusion of any real estate rental or brokerage expenses as part of the Common Expenses.
The Court rule that GGRC and the “board” participated in the “unfair and deceptive trade practice within the meaning of the Tennessee Consumer Protection Act, T.C.A. 47-18-101, et seq. entitling the Defendant to treble damages and attorney’s fees pursuant to T. C.A 47-18-109 for willful and knowing violations of the act. In addition, the Defendant maintains these actions by the Plaintiffs are intentional, malicious and fraudulent entitling the Defendant to punitive damages.”
The Court award me compensatory damages for the illegal assessments in the amount of $1 million and punitive damages of $2 million for violations of the Tennessee Consumer Protection Act, for a total owed to me of $3 million, plus attorney fees, etc.
The Court declare that the Master Deed Percentages MUST be followed with strict compliance with respect to ALL Common Expenses and assessments, including the water and cable bill.
The Court force GGRC and Joe Thomas and all “board” members to finally abide by Tennessee state law in providing the chronological Administrators’ Book and supporting chronological vouchers, including the right to make copies of all such records.
The Court issue an injunction and declaration prohibiting and restraining the board from making any alterations or additions to the Common Elements without both the 75% vote of all owners AND the 90% vote of all mortgage holders for all units at Deer Ridge.
All six counter defendants, including Joe Thomas, be required to pay back the approximate $120,000 illegally spent by them on unapproved alterations and additions such as the picnic pavilion, pool building, maintenance building and office space. This amount will probably be increased by about $50,000 as a result of Joe Thomas and the current “board” ignoring the 90% vote requirement for all mortgage holders and proceeding, without proper authority, to replace the walkway railings that are currently under construction at Deer Ridge.

The above are my non-attorney opinions and interpretations of the $3 million lawsuit. There are other, significant nuances and major impacts to GGRC that are contained in our counter suit. I invite all owners to click Counterclaim to read the entire lawsuit and interpret the paragraphs for yourself.

Some Of The Goals Of Our Counter Suit

So, basically, if we win, our just filed lawsuit will hopefully accomplish ALL of the following:

We will do away with RML and Ridge Resort Realty as illegitimate entities and stop the $152,000 a year loss to GGRC each year.
We will force GGRC to abide by the Master Deed Percentages and stop overcharging the 30 1-1 owners by 82% each month.
We will stop the Asinine Assessment – including an injunction stopping the illegitimate filing of liens and potential foreclosure of owners’ units and any illegal interference with the use of the Common Elements.
We will unwind many, if not all, of the decisions made by ALL the illegitimate boards for the past 22 years.
We will force Joe Thomas and the “board” members to pay back all of the money squandered on unapproved projects including the current walkway railing project.
We will create a class action lawsuit for all past and present 1-1 owners who have been financially discriminated against with gross overcharges.
We will force Joe Thomas and the “board” out of power and control on this property.
We will force Joe Thomas and the “board” to finally abide by state law and provide copies of the Administrator’s Book to any and all owners.
We will keep Joe Thomas and the “board” from continuing to illegally expend major funds on unapproved projects, forcing them to personally pay back those funds to GGRC.
We will prove their defamation suit to be worthless and a waste of GGRC money.
$3 million plus legal fees will be paid back to us for the “board’s” deceptive trade practices and for some of the abuses, including the abuse of power and capricious and arbitrary decisions that Joe Thomas and all those illegitimate boards have tried to enforce for the past six years we’ve owned here.
By making this a derivative action, we hope to make GGRC the plaintiff and Joe Thomas and Luther Parker, Larry Ohm, Margie Duncan, David Barone and Tom Reise, all as individual defendants, pay most if not all of the above.

Stay tuned for a LOT more about this over the coming weeks. But I wanted to let you all know about this – and give you all a copy of the Counter Suit as quickly as possible.

Interesting Times

Be sure and watch for the upcoming post where I will show you how Joe Thomas and the “board” have been lying to you about RML being a positive cash flow company. Stay tuned for the right numbers that will show how RML is losing $152,000 a year in NEGATIVE CASH FLOW right out of ALL of our pockets!

And, speaking of numbers…all of the above does NOT include potential, additional, significant legal actions that may be required against certain individuals once we start looking over EVERY entry in the REAL Administrator’s books and records…and the front and back of every check…for the last 10 years…

“There is a Chinese curse which says ‘May he live in interesting times.’ Like it or not, we live in interesting times.” Robert Kennedy.

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

Deer Ridge HOA Sues Blog Owner For $1 Million – Trying To Block Free Speech

Robert — Fri, 23 Apr 2010 22:50:23 +0000

UPDATE: We have now filed a comprehensive $3 Million counter suit against GGRC, Joe Thomas and each board member, individually. Click $3 Million Lawsuit for details.

The GGRC Board for Deer Ridge Mountain Resort has filed a $1 million lawsuit against me.

They are ready to spend tens of thousand of OUR dollars in their attempt to stifle me and other Deer Ridge Owners who will no longer tolerate their abuse of power.

Here’s a clue, to Joey and the boys: I am not the least bit intimidated and will not stop my efforts to force you to conform to both Tennessee and Deer Ridge law. I will not stop my efforts to uncover your secrets you are trying so desperately to hide from all owners. You know as well as I do that your lawsuit is completely frivolous and totally without merit and we will fight you in court. If you expected a quick capitulation as a result of your attempts at intimidation, you are wrong.

By the way, I noticed that your attorney Chuck Sexton is not the attorney representing you on this lawsuit. Is that because he understands how frivolous your lawsuit is – and that he did not want to risk sanctions from the Court?

Below is a press release that is already being sent to more than 500 media outlets across the state of Tennessee and the nation. This includes local as well as national media. It is also being sent to all local and state government agencies across Tennessee and to federal agencies that control policy. It is being sent to local, state and federal lawmakers.

We have contacted the ACLU, the Electronic Frontier Foundation and the Media Bloggers Association since Joey and the “board” have chosen to once again attempt to stifle freedom of speech. We are hopeful that they will be interested in participating in this lawsuit since it now has national implications as to what can, and cannot, be said on a blog without the threat of a $1 million lawsuit.

We are also reaching out with our press release to dozens of groups and agencies like AARP, Consumer Reports and the Community Associations Institute and others that understand that the growth of HOA organizations is accelerating and something needs to be done by regulators to ensure that the kind of abuse of power that we suffer through at Deer Ridge needs to be stopped or prevented at all 305,000 HOA communities across the country.

We believe that both of these issues have huge national impacts – and we hope that others from across the country will join with us in both protecting our American rights to free speech and to create policy changes and new laws to protect the 60 million Americans who live in HOA communities.

PRESS RELEASE – FOR IMMEDIATE RELEASE

Gatlinburg, Tennessee Home Owners Association Files $1 Million Lawsuit
Against Blog Author and Property Owner

A Tennessee Home Owners Association has filed a $1 million lawsuit against one of its property owners for defamation, libel, slander, and false light invasion of privacy. The property owner, Robert Goodman, has operated a blog that has heavily criticized the actions of the HOA’s general manager and board of directors for alleged violations of both its own HOA controlling documents and Tennessee state law. The HOA board has filed the lawsuit in an attempt to force virtually all content to be removed from the blog and prevent any new entries.

Gatlinburg, TN – April 23, 2010 – According to the Community Associations Institute, during 2009, Home Owner Associations, also known as HOAs, controlled nearly 25 million homes – or more than 22% of the 113 million total American households. This number is expected to grow to over 40% during the next few years.

However, many property owners complain that their Home Owner Associations operate as if it was a quasi-government entity with dictatorial powers that are not properly regulated at either the state or federal level. Often, these HOAs are illegitimately and improperly administered by members who abuse their position by ignoring the written regime documents that are intended to control the powers and actions of boards and managers.

Robert Goodman, a 62 year old, semi-retired executive with three kids in college, is convinced that he owns a property that is being grossly mismanaged by its general manager and HOA board. Goodman is an owner at Deer Ridge Mountain Resort, an 84 unit condo development in Gatlinburg, Tennessee.

When his HOA’s board continually blocked all attempts at seeing the books and records or even getting the names of other owners, Goodman created a blog at www.DeerRidgeOwners.com so that all owners could easily participate in discussions about what was really happening at their property. Now, he is being sued for over $1 million by his own HOA because of that blog and its contents. A complete copy of the entire lawsuit is available for download at his blog.

Goodman said, “We’ve owned this property for nearly six years. I’ve made dozens of requests to get copies or view the Administrators’ Book that is required by state law to show, in chronological order, the income, expenses and supporting vouchers for every transaction by the property’s HOA. The general manager, who has essentially controlled this property for a decade, and the board of directors have refused to even show me or other interested owners the Administrators’ Book. This is a direct violation of Tennessee state law 66-27-113.”

“What conclusions would you reach if your bank or stock broker adamantly refused all requests to show you the books on your bank or brokerage accounts for 6 years? Would you conclude that something was very suspicious about the way your money was being handled? Would you be equally suspicious about the secrets that motivated their refusal? Those are the conclusions that I, and other owners, have reached regarding the management of our investment at Deer Ridge.”

Goodman added, “Not only are they violating state law, the board has continually violated the written requirements of our own master deed and bylaws with multiple abuses of power including spending over $120,000 of owners’ money on unauthorized projects. They continue to overcharge a third of all property owners by 82% for their monthly assessments. They also violated Tennessee state law by refusing to even provide a list of all owners and their addresses. I believe that this refusal was part of a concerted attempt by those in power to block any communications between owners so that concerns would not be raised about their questionable management and the misuse of our funds. It was only under threat of a lawsuit that I was able to finally get the owner list. This board and general manger are still trying to do all they can to interfere with our freedom of speech. This $1 million lawsuit against me shows just how far they are willing to go.”

He continued, “I even went to the expense of recently hiring an independent attorney to provide us with a 13 point legal opinion just to make sure that our claims were valid. On 12 of the 13 points, the attorney found that our assertions were correct and the board was at major fault. Not surprisingly, the board completely ignored the entire legal opinion.”

Goodman, who is an MBA, spent 15 years running his own real estate company and 16 years as a management consultant to thousands of start up companies CEOs worldwide. He knows something about management, real estate, finance, financials and due diligence – and he knows something about the Web and how to set up a blog.

“Virtually all of my business for the past 16 years has come from the Web. So, I already knew how to leverage the Internet with my knowledge of what is required to produce web content. Setting up the blog was easy. Adding all the content about all the many things that are wrong at Deer Ridge has taken man-months of time and effort.”

“I am a big believer in the power of the Web – and the massive benefits it offers for democratizing information and making that information easily accessible. To me, it seemed like a natural way to let other owners know what was really happening at this property. The blog let me fully document multiple examples of how our rights have been blatantly abused by the power clique which has controlled this property for years.”

The Deer Ridge HOA lawsuit alleges that Goodman is guilty of “defamation, libel, slander, false light invasion of privacy, procurement of breach of contract, and intentional interference with business relationships.” The suit attempts to block him “from further publishing matters concerning Plaintiffs in such a way that casts Plaintiffs in a false light, from further inducing persons to breach contracts…and from further interfering with Plaintiffs’ business relationships.” It also attempts to force him to remove the existing content from his blog.

The HOA also is asking the Court to “assess compensatory damages against Defendant in an amount of no less than $250,000” and to “assess punitive damages against Defendant in an amount of no less than $750,000” along with costs and legal fees. The HOA also wants to “assess damages against Defendant in an amount of five hundred dollars ($500) per day for each day Defendant has published and/or continues to publish the statements described herein and/or any other libelous, defamatory, and/or false light statements, regarding Plaintiffs.”

Goodman responded, “The claims in their lawsuit are so completely frivolous on every single point of issue – that sanctions against the plaintiffs’ attorney may be involved. Once again, the board is wasting owners’ money – in this case, tens of thousands of dollars of our money on this lawsuit – just to protect their own empire and their own secrets. The blog speaks for itself and has appropriate disclaimer language. Their $1 million lawsuit is simply a preemptive attempt at intimidation to quash my own lawsuit against the HOA and its board members. The blog made it clear that I intend to force them to abide by Tennessee state law and Deer Ridge law. We were already seeking an attorney to represent us in our claims on the dozen points contained in the legal opinion. Now, I need an attorney to handle both their frivolous claims and the original dozen points of issue – and get these matters finally settled for the benefit of all owners. Many of us want to find out what secrets the general manager and board are so desperate to hide from all the other owners.”

Goodman added, “This case could have far reaching implications on at least two national issues: Firstly, what exactly are the rights to freedom of speech for blog authors everywhere – what can and cannot be published? Secondly, what is going to be done about the tyrannical and illegitimate abuses that HOA homeowners are forced to endure daily in many of the 305,000 HOA communities that house over 60 million Americans nationwide?” Goodman said he hopes that both the freedom of speech issue and the lawsuit gain the attention of the ACLU and the Electronic Frontier Foundation.

For the last issue, Goodman concluded, “Our state governments in Tennessee and many other states desperately need to develop new regulations with powerful enforcement teeth. They need to address the blatant abuse of powers at these fiefdoms that serve as quasi-governments for so many folks – and that adversely impact the rights of so many lives. Homeowners need a way of forcing their HOA to abide by the law – without having to spend a fortune on legal fees.”

Contact: Robert Goodman
Tel: 865-365-5962
Email: Litigation @ DeerRidgeOwners.com
Website: www.DeerRidgeOwners.com

###

That’s it so far – but stay tuned. We believe a lot of good things will be happening in the next few weeks.

If you would like to download the entire 112 page lawsuit, click Lawsuit. If you would like to download the actual press release, click Press Release.

If you are with the press or the government and would like to schedule an interview, please email me at Litigation @ DeerRidgeOwners.com.

If you would like to donate to the Deer Ridge Legal Defense Fund, just click the Donate Button below. All contributions, no matter how small, are appreciated.

The above is their “evidence.” I invite you to read each of these in their entirety and make your own judgment as to whether I am guilty of all that they claim. Especially in light of the disclaimer that is in the left column of every single page on this blog:

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. What do you think?

Deer Ridge Owners: Revoke Your Ballot And Your Proxy! Do Not Attend The Annual Meeting – Do Not Vote

Robert — Tue, 20 Apr 2010 22:29:39 +0000

I recommend that you don’t send your ballot or your proxy for the upcoming “Annual Meeting” or board elections – nor even attend the “Annual Meeting!”

On the advice of my attorney, I will be doing neither.

I will NOT be voting nor will I attend the meeting this week.

I want to reserve ALL of my rights against Joe Thomas and the “board” – and I recommend that you reserve your rights too.

Reserve YOUR Rights

I recommend that all of us boycott participation in both the vote
and any attendance of the “annual meeting” this week.

Don’t limit your options or your potential claims against Joe Thomas, Luther Parker and the rest of the “board.” Notify Joe Thomas and Luther by email and / or fax that you are revoking and withdrawing any ballot or proxy you have already sent. All you have to do is send something like the following to “Joe Thomas” , “Luther Parker” , “David A. Barone” – or to fax for Deer Ridge at: 865-430-3248

To: Joe Thomas and Luther Parker and David Barone and GGRC “Board”

Re: Immediate and Permanent Revocation and Rescission of My Ballot and/or Proxy

Effective this date, I hereby revoke and rescind any and all previously sent proxy or ballot with regard to the upcoming Deer Ridge meeting that is scheduled to be held on April 24, 2010. By this memo, I also confirm that I will not attend, nor participate in any way, at said meeting.

Please confirm receipt of this revocation in writing via email to xxxx@yyy.com

John and Jane Smith, Unit ZZZ

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

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

The “Annual Meeting” Issue

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

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

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

The Attorney’s Opinion

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

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

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

The 1988 “Vote”

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

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

So, you want to reserve your rights, accordingly.

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

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

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

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

Why The “No” To Voting?

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

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

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

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

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

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

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

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

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

Alternative Meeting?

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

Deer Ridge Board’s Latest Attack Letter – The Facts

Robert — Fri, 16 Apr 2010 19:52:16 +0000

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.

Guest Post: Another 1 Bedroom Owner Responds To Deer Ridge Board Attack Letter

Robert — Mon, 05 Apr 2010 18:03:13 +0000

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

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

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

Subject: Here He Goes Again

Dear Robert,

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

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

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

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

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

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

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

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

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

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

Thank you again for your effort.

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

A Victory That Should Have Never Been A Battle With Deer Ridge Board

Robert — Fri, 02 Apr 2010 19:57:47 +0000

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.

Deer Ridge Owners - Deer Ridge Mountain Resort - Gatlinburg, Tennessee » secret deals

Tennessee Consumer Affairs Complaint Filed Against Joe Thomas – Attorney General Action Requested

Tennessee Real Estate Commission Complaint Filed Against Broker Joe Thomas – License 281040

Complaint: Deceptive Trade Practices, Securities Fraud And More Against Tennessee Real Estate Broker Joseph Thomas – Tennessee License 281040

Summary

Specific Complaints Against Joe Thomas

Securities Fraud Complaint Filed Against RML, Luther Parker, CPA Larry Ohm, Joe Thomas And All Board Members

Investor Complaint For Securities Fraud And Other Securities Law Violations Filed Against Ridge Management LTD, Inc. and President Luther Parker, Treasurer Larry Ohm CPA, General Manager Joe Thomas, Vice President Tom Reise, Secretary David Barone and Director Margie Duncan

Summary

Investor Complaints

King of All Vegas Real Estate Scams – From Bloomberg Businessweek

Deer Ridge Lawsuit: Judge Orders GGRC To Mediation

If You Are In RML, Your Deer Ridge Condo Can Be Used Free By Joe Thomas

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

Another Deer Ridge Owner Chooses Cobbly Nob Rentals Over RML

Deer Ridge Board Violates Article XII Of Our Master Deed – Again

More Resident Owner Discrimination At Deer Ridge: Two Letters Regarding Our Handling Of Noisy, Obnoxious Tourists

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

CPA And Treasurer Larry Ohm Is Lying To You About RML At Deer Ridge

Summary Judgment Hearing: We Are Going To FINALLY Get the Deer Ridge Books And Records

Date Set For Summary Judgement And Motion To Compel Filed Against GGRC, Joe Thomas And Board

Homeowner Files $3 Million Lawsuit Against Deer Ridge Mountain Resort AKA Gatlinburg Golf and Racquet Club HOA And Individual Board Members

Deer Ridge HOA Sues Blog Owner For $1 Million – Trying To Block Free Speech

Deer Ridge Owners: Revoke Your Ballot And Your Proxy! Do Not Attend The Annual Meeting – Do Not Vote

Deer Ridge Board’s Latest Attack Letter – The Facts

Guest Post: Another 1 Bedroom Owner Responds To Deer Ridge Board Attack Letter

A Victory That Should Have Never Been A Battle With Deer Ridge Board

Complaint: Deceptive Trade Practices, Securities Fraud And More Against Tennessee Real Estate Broker
Joseph Thomas – Tennessee License 281040

Investor Complaint For Securities Fraud And Other Securities Law Violations Filed Against Ridge Management LTD, Inc.
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President Luther Parker, Treasurer Larry Ohm CPA, General Manager Joe Thomas, Vice President Tom Reise, Secretary David Barone and Director Margie Duncan