Views From Deer Ridge And Beyond

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

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

Deer Ridge Litigation Fund

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

So, do I.

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

What ARE they so afraid of us finding out?

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

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

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

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

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

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

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

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


Disclaimer

Legalese On

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

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

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

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

Please note the obvious:

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

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

Legalese - And Powered Wig - Off

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Welcome to All Deer Ridge Owners

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

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

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

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

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Investment Analysis For A Rental Condo At Deer Ridge


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

Click To Download!

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

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

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

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

Just click the picture or click Investment Analysis

Recommended Cameras

Gross Negligence – Or Is It Fraud?

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

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

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

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

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

But they haven’t.

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

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

Read the various blog postings - and judge for yourself.

Comments Welcome From All Visitors

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

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

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

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

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


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

share save 171 16 Tennessee Consumer Affairs Complaint Filed Against Joe Thomas   Attorney General Action Requested

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.

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.

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:

  1. Tennessee Securities Division for securities fraud and other securities law violations, etc.  Please click Securities Fraud for details.
  2. Tennessee Real Estate Commission (TREC) for multiple violations of the Tennessee Real Estate Broker Act, etc.  Please click TREC for details.
  3. Tennessee Consumer Affairs Division for deceptive trade practices, misrepresentations, etc.
  4. 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!

share save 171 16 Tennessee Consumer Affairs Complaint Filed Against Joe Thomas   Attorney General Action Requested

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

share save 171 16 Tennessee Real Estate Commission Complaint Filed Against Broker Joe Thomas   License 281040

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

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 agrees with me.

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.

———————————————-

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.

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, 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!

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

share save 171 16 Securities Fraud Complaint Filed Against RML, Luther Parker, CPA Larry Ohm, Joe Thomas And All Board Members

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 comInvestor Complaint Grab 233x300 Securities Fraud Complaint Filed Against RML, Luther Parker, CPA Larry Ohm, Joe Thomas And All Board Memberspliance.  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

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.

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

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.

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:

    1. 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.
    2. 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.
    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 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.
    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 investors 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 stockholders 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.  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.
    11. 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.
    12. 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.
    13. 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.
    14. 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.
    15. 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.
    16. 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.
    17. 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.
    18. 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.
    19. 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.
    20. 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.
    21. 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!
    22. 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.
    23. 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.
    24. 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.

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 securities violations of Ridge Management Ltd, Inc. by its board of directors and general manager.

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 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.

——————————————————

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!

share save 171 16 Securities Fraud Complaint Filed Against RML, Luther Parker, CPA Larry Ohm, Joe Thomas And All Board Members

Deer Ridge Lawsuit: Judge Orders GGRC To Mediation

share save 171 16 Deer Ridge Lawsuit: Judge Orders GGRC To Mediation

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!

share save 171 16 Deer Ridge Lawsuit: Judge Orders GGRC To Mediation

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

share save 171 16 If You Are In RML, Your Deer Ridge Condo Can Be Used Free By Joe Thomas

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:RML 2011 Agreement Showing Right To Use If You Are In RML, Your Deer Ridge Condo Can Be Used Free By Joe Thomas

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:

Cobbly Nob Agreement Limiting Promo Use If You Are In RML, Your Deer Ridge Condo Can Be Used Free By Joe Thomas

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.

 

share save 171 16 If You Are In RML, Your Deer Ridge Condo Can Be Used Free By Joe Thomas

Deer Ridge Summary Judgment Motion And Other Motions For April 26 Hearing

share save 171 16 Deer Ridge Summary Judgment Motion And Other Motions For April 26 Hearing

Summary Judgment And Temporary Injunction

 As you know from one of my recent postings, we finally have a hearing date set for my litigation against Joe Thomas, Luther Parker, Larry Ohm, Margie Duncan, David Barone and Tom Reise.  Copies of all four motions that will be heard on April 26, 2011 are shown below.  Click on each photo to download the entire Acrobat file for each document that has been filed with the Court.

We are covering several issues during this hearing that will be pivotal for this case that could cause a major, consequential and immediate impact to the way that Deer Ridge Mountain Resort is operated. We are asking that the judge issue an immediate ruling on his interpretation of the Deer Ridge Master Deed and Bylaws which we believe have been grossly and purposely misinterpreted by Joe Thomas and the rest of the Gang of Six.

 The changes resulting from a favorable ruling could include:

  • The Judge’s ruling could determine, once and for all, how everyone’s monthly assessment is calculated, including HOA fees, water and cable TV bills. If we win this one point, all 30 of the 1-1 units should no longer be overcharged 82% every month on their HOA fee!
  • The Judge’s ruling could determine, once and for all, how much, if any, will be owed by each owner on the current “special assessment” and the right amounts that should have been charged on all prior “special assessments.”
  • The Judge’s ruling could determine, once and for all, whether the current charge to all owners for this year’s portion of the “special assessment” will be blocked by our motion for temporary and permenant injunction.
  • The Judge’s ruling could determine, once and for all, whether RML and RRR (Ridge Resort Realty) are legitmate or not…and whether they were created as ultra vires acts by “board” members, making them possibly personal liable to repay all costs associated with RML and RRR for the past several years.  (My calculations show that RML alone has cost owners at least $118,000 a year…so multiply this by The Six years we’ve owned and that equates to over $700,000 that might be owed back to GGRC by the individual “board” members.)
  • The Judge’s ruling could determine, once and for all, that all improvements and alterations require both a positive vote by 75% of all owners AND 90% of all mortgagees.  If the judge rules in our favor on this, that means that about $82,000, or 23% of the entire $353,500 Asinine Assessment were illegally spent by the “board” since they adamently refused to follow the Master Deed and Bylaws on this point, even knowing it was required.  If this ruling goes in our favor, the “board” can be judged, again, to have been acting ultra vires…which means that each of the “board” members could be held jointly and severally liable for the full amount of the illegitimate expenditures.
  • This same ruling should make the “board” members also personally liable for all those past improvements and alterations that were done where they ignored my demands for the past 6 years to solicit the required 75% vote of all owners.  These include:
    • Joe’s Folly – The $80,000 picnic pavillion that should have never been built.
    • New pool decking – $30,000
    • Reception area and office improvements – $25,000
    • Maintenance building improvements and addtions – $15,000
    • Chairs for weddings, etc. - $3,200
    • Playground equipment – $3,000
    • New computers and office equipment – $5,000
    • Vehicles, golf carts, etc.  ???
    • Game room equipment  ???
    • Commercial laundry room equipment for RML ???
    • All of these monies were spent by the board without proper authority and approval by the owners at Deer Ridge.
  • Some of these amounts are guesses and I am sure this list of improvements and additions is not comprehensive.  But once we are finally allowed to see the real books and records as provided by Tennessee state law, we expect that we will be able to add lots more to this list and correct the numbers here.  
  • Even without the addtions, the above list adds up to more than $161,200 that would be ultra vires violations by the “board.”
  • All totalled, this could make the “board” members individually responsible to personally pay back over $940,000
  • If we divide this amount by the 5 board members, that would equal $188,000 that each would be responsible to pay.  However, it is my understanding that all board members are “jointly and severally” liable for this amount…which means that each board member is fully responsible for the whole amount if and when one board member or another doesn’t pay. If this happens, I can easily envision lawsuits being filed by one “board” member against another demanding that they pay their fair share of any court ordered reimbursements back to GGRC. If lawsuits between “board” members were to happen, all kinds of “smoking guns” disclosures might be uncovered.

The Other Key Motion

We also filed a Motion to Compel so that this Despicable Gang of Six is forced by the Court to finally turn over the Deer Ridge books and records.

  • It’s been nine months since we filed our motion for production of documents with the Court — but so far Joe Thomas and the “board” have not complied.
  • We have been waiting for nine months for Joe Thomas to turn over the books and records on GGRC that all owners have a right to see.
  • Joe Thomas keeps adamantly stating that he has properly maintained the Administrator’s Book as required by Tennessee state law.  Joey keeps saying they have this information, in the right format — but they don’t seem to be able to produce it.

I wonder why?

Now, Joey and the Gang are trying to mark all of Deer Ridge’s books and records as “confidential‘ to keep us from sharing them with YOU – all past and present owners At Deer Ridge who also have a right to see and thoroughly study the books and records concerning OUR investment in our property at Deer Ridge.

They claim these books and records and the emails between the six Gang members “… may cause injury, prejudice or [particularly] embarrassment” to Joe Thomas, Luther Parker, Larry Ohm, Margie Duncan, David Baron and Tom Reise.

As our Motion states, these “embarrassing” consequences fall in the category of “sometimes the truth hurts.”

Additionally, our motion to block their “protective” order stipulates we completely agree that obvious information such as Social Security numbers, credit card numbers and the like will be treated as confidential….but NOT all the rest of the information that we will find in these documents.

We fully expect to find all kinds of “embarrassing” actions and statements, done and made, by this Gang of Six.

We fully expect to also find all kinds of other questionable activities that have been committed by these individuals.

And, we, and several other Deer Ridge owners, plan on looking VERY carefully and diligently for any and all signs of any potential civil and/or criminal malfeasance that might have, just maybe, been committed by any, or all, members of the Gang. As of now, we’ve not seen any documentation that proves malfeasance — but then again, we have yet to get the full books and records we’ve been requesting for over five years. Right now, we only have our overwhelming intuition that screams about ongoing malfeasance.

Maybe we won’t find any such malfeasance — but if we do, any and all guilty parties will suffer a whole lot more than simple “embarrassment.”

Maybe that’s why the Gang members are continuing their desperate FIVE YEAR long attempts to keep this information secret. They seem terrified their secrets are going to finally see the light of day.

We believe that’s one of the reasons that Joe Thomas and the Gang have fought so hard, for so many years, to keep this information out of the hands of the owners who deserve full visibility, full disclosure and full accountability from those who have been handling over $1 million a year on this property for a decade.

  • What IS it that terrifies them so much about what we will find in those books and records?
  • We ARE going to get to the bottom of this.
  • We ARE going to get access to all the books and records that Joey and the board have tried for years to keep secret.

And, we intend to do everything we can to block their motion for “protective” order — so that we can share ALL of this information with EVERY owner At Deer Ridge Mountain Resort.

Note – Temporary Injunction To Block Special Assessment Payment – Should You Pay?

Notice that Section 4 of the Motion For Summary Judgment includes wording that we “seek a temporary and permanent injunction prohibiting and restraining the Board from attempting to make any alterations or additions to the Common Elements except in compliance with the seventy-five (75%) percent and ninety (90%) percent requirements of Article XII subsection 2 set out above, including the $340,000 “Special Assessment .. currently being billed to Association members.”  (The $340,000 is a typo that is being corrected to reflect the full $353,500.)

Bottom line:  We believe this wording blocks any and all collection by GGRC for the “special assessment” if the judge agrees with our motion. You should be your own judge of this document and its intent and decide for yourself if you are required, in light of this pending court action, to make the currently due special assessment payment.  We believe it is germaine that 23% of this special assessment is for walkway railings and lighting improvements that did not have the required 75% / 90% vote.  Also, germaine is that the calculated amount for every unit does not abide by the Master Deed Percentages – which means that the amounts of all payments due from all owners would be significantly different.

This seems like two very good reasons to me that the Judge should award both a temporary and permanent injunction against this Asinine Assessment.

Lots More Info

Please check out the following links for more information on these issues – and what we hope to gain from our $3 million lawsuit against  Joe Thomas, Luther Parker, Larry Ohm, Margie Duncan, David Barone and Tom Reise.

Copies Of Motions Filed with the Court

Motion for Summary Judgment Temporary Injunction Deer Ridge Summary Judgment Motion And Other Motions For April 26 Hearing

Motion For Summary Judgement & Temporary Injunction - Click For Document

Motion to Compel Deer Ridge Summary Judgment Motion And Other Motions For April 26 Hearing

Motion To Compel - Click For Document

Response of def to Motn to Dismiss Motn for Judgment on Pleadings Deer Ridge Summary Judgment Motion And Other Motions For April 26 Hearing

Motion To Dismiss and Judgment on Pleadings - Click For Document

Response of def to Motion for Protective Order Deer Ridge Summary Judgment Motion And Other Motions For April 26 Hearing

Motion For Protective Order - Click For Document

Stay Tuned! 

We live in interesting times!

Tick…tick…tick.

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

PPS:  Be sure and watch this blog for upcoming news about our new domain name:  HOABoardAbuse.com and our two new video channels on YouTube.com:  DeerRidgeOwners.com and HOABoardAbuse.com.  In-depth videos are being produced to fully explain, to all Owners and the World, exactly what is happening both at Deer Ridge and at other abusive HOA Board run properties across the Nation.  These videos will be posted on both DeerRidgeOwners.com and YouTube.com. 

 Stay tuned – you never know what videos might go viral!

 

 

share save 171 16 Deer Ridge Summary Judgment Motion And Other Motions For April 26 Hearing

The Latest Defamation By The Deer Ridge Board

share save 171 16 The Latest Defamation By The Deer Ridge Board

Once again, Joe Thomas and the “board” have used GGRC monies and an immense amount of time at last month’s “Annual Meeting” for their continued defamation and vilification of me in my home community of Deer Ridge.

These inappropriate actions, along with the content of past mailings to all owners, will most probably be used as evidence against them in the counter suit that will be required by their $1 million lawsuit filed against me using GGRC money.  Also, apparently based on several comments we’ve heard from those who attended the “Annual Meeting,” Joe Thomas and “board” members made numerous, slanderous comments against me and my wife.  Depositions, subpoenas and court testimony will clearly identify all of those who committed this slander and defamation.

It also seems that some believe that there were intentional misrepresentations by Luther Parker – that they, the “board”, were being forced to file suit against me because I had already filed suit against them and GGRC.  This was not true.  At the time of the meeting, I had not even hired an attorney.  As a result of the “board’s” actions, I have now hired an attorney and we are preparing multiple counter claims against GGRC and each “board” member and Joe Thomas, individually.  Stay tuned for fast changing events.  But know that irrespective of Luther’s comments and implications, they are the ones that made the first litigation filing – using GGRC money.

The following are some responses to some of the more egregious comments that were made a part of the public and permanent record of GGRC’s version of the “board” meeting and the “annual” meeting.  Note that these comments are pretty much just taken in the order they occurred in their documents – and not with any other prioritization.  These are all screen grabs of the actual documents that were mailed to all owners.

Continue reading The Latest Defamation By The Deer Ridge Board

share save 171 16 The Latest Defamation By The Deer Ridge Board

Deer Ridge Mountain Resort History Book 1987 – 2009

share save 171 16 Deer Ridge Mountain Resort History Book 1987 – 2009

You can now download one document that is a complete scan of one Deer Ridge owner’s notebooks of all his documents related to GGRC and RML from 1987 through 2009.

This may or may not be comprehensive – there were probably other documents during that time frame that didn’t make its way into this notebook.

To get your own copy of this document, just click History.

This Information Is Yours – And Can’t Be Blocked By Joe Thomas And the “Board”

However, as hard as Joe Thomas and the Board make it for owners to get copies of anything, we thought it would be worth the hours of effort it took us to scan in these 825 pages of history – so that all owners could have a digital version of their own.  This way, this information will never get lost, misplaced or destroyed – but live on forever – making folks accountable.

These 825 pages took us over 16 people-hours to pull pages from the notebook, remove staples and flags, scan in and convert the pages to searchable text, replace flags, return pages in the same order to the notebooks and to post the prepared Acrobat file on the Deer Ridge Owners blog at www.DeerRidgeOwners.com as a “Document You Can Download.”

That is a LOT of time and effort – but something we wanted to do for all Deer Ridge Owners.

Keyword and Key Phrase Searchable!

In case you don’t know, if you download this document or any of the Acrobat files we provide and add it on your own computer’s hard drive, you can do key word and key phrase searches of the entire document!

When we do these scans, we took the time to convert them into text.  It slows things down a lot – but it makes these documents a highly useable gold mind of information. Continue reading Deer Ridge Mountain Resort History Book 1987 – 2009

share save 171 16 Deer Ridge Mountain Resort History Book 1987 – 2009

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

share save 171 16 A Victory That Should Have Never Been A Battle With Deer Ridge Board

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

share save 171 16 A Victory That Should Have Never Been A Battle With Deer Ridge Board

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

share save 171 16 Independent Legal Opinion:   GGRC Board Guilty Of Numerous Violations / $353,500 Assessment Is Null And Void

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

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

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

Luther and the Board:

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

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

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

Executive Summary Of Attorney’s Findings

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

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

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

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

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

What Say You Luther?

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

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

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

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

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

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

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

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

The Attorney Letter – And Analysis

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

Howard and Howard Legal Opinion Letter Part 1 Independent Legal Opinion:   GGRC Board Guilty Of Numerous Violations / $353,500 Assessment Is Null And Void

This first image shows the law firm, date, attorney and that it deals with GGRC issues.  The letter responds to 13 sets of questions I posed with regard to Deer Ridge and the operation and management of GGRC, the property and with regard to RML. Continue reading Independent Legal Opinion: GGRC Board Guilty Of Numerous Violations / $353,500 Assessment Is Null And Void

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Audits At Deer Ridge - The Fallacy and Joe Thomas - The Deer Ridge $10 Million Man

share save 171 16 Audits At Deer Ridge   The Fallacy and Joe Thomas   The Deer Ridge $10 Million Man

Joe Thomas and the board make a big deal out of the fact that we have audited financial statements for GGRC and RML – and that, because of this, owners don’t have any need for copies of the books and records.

They make out that this “comprehensive oversight by an outside accounting firm” should give all owners complete confidence that all the books and records of our homeowner’s association are being done correctly.

This is a fallacy — and many owners are being lulled into false complacency just because they are being told the books and records are “audited.”

Hickman and Company A.K.A. Hickman and Associates

These folks have been our auditors at least for the past 8 years since I know they did the audits for 2002.

Is this some large regional, certified public accounting firm that has the proper, internal controls and procedures to thoroughly audit an organization and uncover any misdeeds or malfeasance that may be present in our homeowner’s association?

Judge for yourself.

Their website can be found at http://www.hickmanaccounting.com/about/

As you can see from their website, “Hickman and Associates is a tax and bookkeeping firm located in historic downtown Sevierville, Tennessee. A family firm, we have proudly served the community with three generations of for over fifty years.  Hickman and Associates currently has four employees (all family members.)”

While these folks may very well be good bookkeepers and accountants, it is not clear from their website that any of the four of them is currently a CPA.  It also is not clear whether this firm has ever had any recent peer review by the American Institute of Certified Public Accountants.  The AICPA requires most CPA firms which claim to do audits have this periodic peer review to help ensure that audits are done correctly.

Again, I know of absolutely nothing negative whatsoever about this company, it owners or employees or its bookkeeping and accounting services.  I will take on face value that they must have at least one certified public accountant who participates in the annual GGRC and RML audits they do for Deer Ridge.

Accounting Company Concerns

Even if Hickman are the best accountants and bookkeepers in the world, another major concern is that such a small firm may be overly dependent upon the business handed out by Joe Thomas.  For such a small company, two audits and the bookkeeping services for Deer Ridge could make up a significant of their annual revenue.

During the Special Meeting that was held on February 6, 2010, Joe Thomas stated that we pay Hickman and Associates, et al the following each year:

  • $1,300 for the GGRC audit and $1,800 for the RML audit.
  • $5,400 for the GGRC bookkeeping and $21,000 for the RML bookkeeping.
  • Total annual payments to Hickman from GGRC and RML:  $28,600

What percentage of Hickman’s four person accounting company’s annual revenues does the above $28,600 represent?

If, hypothetically speaking of course, Joe Thomas threaten to take “his” GGRC and RML accounting business elsewhere unless the books were “cooked”, would such a small firm feel compelled to bend the rules or “look the other way?”

Consider that much larger CPA firms have been influenced by similar circumstances. (Example: Bernie Madoff’s auditor, David Friehling, CPA of Friehling & Horowitz, a tiny CPA firm that operated from a 13-by-18-foot office.  Or, consider the 89 year old, 28,000 employee firm, Arthur Andersen CPA, that went out of business as a result of their federal criminal conviction for manipulation of the books for a company called Enron.)

Again, Hickman is most probably a very reputable firm with great people — but the above should be major red flags to all Deer Ridge owners that just because financials are audited does NOT mean that they are right – or that owners are protected from fraud.

What Exactly Is Audited?

Even if the CPA firm is doing a reasonably competent job, there are major opportunities for potential malfeasance at Deer Ridge.

Could something like that be happening at Deer Ridge using the small accounting firm that depends so much on Deer Ridge business?  Again, it may or may not be an issue here with Hickman and Associates — but how can we know for certain?

The first thing to know about most audits is that all transactions are NOT checked.  Most audits would only include “spot checking” sporadic accounts – and in many cases the CPA firm is directed by the client company to only check specific accounts that they know are pristine.

Let’s look at Hickman’s own cover letter for the audits they do for Deer Ridge:

“These financial statements are the responsibility of the Corporation’s management. Our responsibility is to express an opinion on these financial statements based on our audit.

“We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements.”

So, what does this mean? Continue reading Audits At Deer Ridge – The Fallacy and Joe Thomas – The Deer Ridge $10 Million Man

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Deer Ridge History 1987-2006 - New Downloadable Document For All Owners

share save 171 16 Deer Ridge History 1987 2006   New Downloadable Document For All Owners

We have a new, major document you can download from the “Documents You Can Download” Section in the left column of this blog – or by clicking Deer Ridge History 1987-2006.

This document is a complete scan of one Deer Ridge owner’s notebook of all his documents related to GGRC and RML from 1987 through 2006.

This may or may not be comprehensive – there were probably other documents during that time frame that didn’t make its way into this notebook.

However, as hard as Joe Thomas and the Board make it for owners to get copies of anything, we thought it would be worth the hours of effort it took us to scan in these 432 pages of history – so that all owners could have a digital version of their own.  This way, this information will never get lost, misplaced or destroyed – but live on forever – making folks accountable.

Volume 2 Coming Soon

We have a second, similar sized notebook from the same source that we are just starting to scan.  It covers 2007 to the present day.

This will take both of us about the same 4 hours to scan in, convert to text, etc.  As soon as we have it, we will also post it here on www.DeerRidgeOwners.com as a “Document You Can Download.”

Totally Searchable Documents

In case you don’t know, if you download this document or any of the Acrobat files we provide and add it on your own computer’s hard drive, you can do key word and key phrase searches of the entire document!

When we do these scans, we take the time to convert them into text.  It slows things down a lot – but it makes these documents a highly usable gold mind of information.

For example, if you search this document for the term, “Joe Thomas” you find his full name occurs 222 times and the word “Joe” occurs 389 times.  And that is just before 2007.  Likewise, the word “assessment” occurs 59 times.

How Many Smoking Guns Can You Find?

We have already spotted several “smoking guns” – which Joey and the Board are going to have a VERY hard time refuting since we plan on also using these documents in our upcoming litigation.

Enjoy the history lessons. Continue reading Deer Ridge History 1987-2006 – New Downloadable Document For All Owners

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