Fairy tales: An update . . .

A lot has happened in the weeks following the last post on this site. Changes include seven new trademark applications, requests for FEMA/Hurricane Helene funding and an uninformed board scrambling to clean up recent disregards of our governing documents.

It just goes on and on.

Mauldin & Jenkins certifies primary election results while inadvertently certifying the developer’s right to vote contrary to the Association bylaws . . .

A quick look and it becomes apparent that the eligible votes and quorum count specified in the M&J September 10^th letter (1) directly correspond with the totals included on leadership’s  Eligible Votes by Member Type  slide presented at the August 28^th board meeting. Unfortunately, as noted in the previous post on this site, (2) https://bcmatters.org/fairy-tales/ those totals shown on the slide erroneously include Class D developer votes.

It is frankly immaterial that the current number of developer votes is minimal. Instead, it is important to recognize that the board, management and even the election committee do not appear to have any real familiarity with the election procedures mandated by Section 3.5 (e) of the 2006 bylaws.

Further, it also appears that the Association’s certified public accountants have once again turned their heads by failing to verify the accuracy of information that had been provided to them by leadership.

Keeping it clean . . .

It seems that only after this site’s September 5^th post on the subject, (2) did leadership determine that it might be appropriate to actually take a vote on that $132k cleaning contract for the renovated clubhouse. (3) Keep in mind, leadership failed to approve this contract in three meetings (August 25^th, August 28th and September 2^nd) that took place subsequent to the Finance Committee’s August 22^nd documented approval. (4)

And even though leadership had an opportunity to vote on this matter in the August 28^th open board meeting, leadership voted on the contract after the fact and in a closed session contrary to Board Policy and Procedure 104.

Further, one would think that after seeking additional information regarding the contract that was awarded to a company located in proximity to the General Manager’s Molly Maids franchise, (2) leadership would jump at the chance to provide clarification.

Not this leadership.

Instead, the POA Treasurer finally responded to this writer’s previous AskThePOA Request#18354  by utilizing the same, standard line . . . “we do not share details of our contracts”. (5)

Go figure.

Note: It was the GM who actually introduced the board on September 8^th to “the idea of a professional cleaning company to handle this task, as opposed to our internal crew”. (3)

Still asking, who is running the show? . . .

Likewise, our elected leadership determined it might also be appropriate to at least discuss the relocation of the Wildcat Fire Station. (2) (3) Although the Finance Committee’s 7-0 vote on August 22^nd awarded the $190k project to Rhino Construction, the board declined to vote on the matter prior to finalization of the contract. Odd.

It is currently unclear if Rhino was actually awarded the contract and under whose authority as Board Policy and Procedure 152.2 clearly stipulates that the selection of the contractor must be approved by the Board of Directors.

Note: Two current candidates currently sit on the Finance Committee.  Perhaps they can explain this debacle.

Trademarks, trademarks and still more trademarks . . . (6)

And in yet another application with the USPTO, the Association is attempting to trademark the wordage, “The Mountains of Big Canoe”. With this latest application (September 9th), the Association now has seventeen applications in the pipeline waiting to be assigned to an examiner for review. Given that each application is prepared and submitted by an Association attorney, legal fees for these endeavors might become significant.

Note: A search site of pending applications can be found at https://tmsearch.uspto.gov/search/search-information by entering the search term “Big Canoe”.

Other outstanding applications include “Big Canoe Brokerage”, “Big Canoe Brokerage, LLC” and numerous “Big Canoe” and the three canoe logo applications covering services as varied as coffee mugs to restaurant and golf club services.

Of particular interest is the newly posted application (September 8^th) to trademark the Big Canoe name and logo for the purpose of “Homeowner association services, namely, promoting the interests of homeowners in a specific community and marketing the community nationwide to prospective new residents and property owners”.

Could that explain the Communication/Marketing Department’s 2025 budget of $438k?

And will this budget be increased even further in 2026? (7)

With marketing expenses totaling only $137k in 2019 under prior management,  the department’s involvement in the affairs of the community appears to have escalated exponentially.

In fact, one might seriously question whether “marketing the community nationwide to prospective new residents and property owners” is even an appropriate use of property owner assessments or an “authorized function” of the Association as outlined in the 1988 covenants. (8)

Note: It appears the GM has become the designated gatekeeper of all things to do with the trademark as most all minutes of the close sessions now include his references to trademark enforcement.

In the news . . .

Although it has been demonstrated that the Association continues to spend more than it takes in while using borrowed funds intended to be used for construction of the renovated spillway (2), the General Manager has once again stepped out to pronounce:

“We have the funds to move ahead with this project and no special assessment will be required for its completion.” (9)

Speaking on behalf of the Board, the GM went on to say, “However, the Board and I feel it would be prudent to explore all outside funding sources that may be available to help offset the spillways replacement cost.”

The above statements were made in his September 17^th e-blast to apprise the community of the Association’s application to GEMA requesting FEMA/Hurricane Helene funding.

According to the required public notice posted in the September 18^th edition of the Pickens Progress, “the intent of the project for which the POA is seeking funding is to rehabilitate the dated Lake Petit Dam spillway as well as Internal drains along portions of the lower half of the downstream slope of the Dam”. (10)

For those interested, click here for a copy of the public notice.

Note:  No additional information is available at this time.  Meanwhile, the GM has provided his assurance that “we will continue to keep the community updated in our monthly Board Meetings with any information we receive”. (9)

And now, a final word about that election . . .

If there seems to be one common thread throughout these campaigns it is each candidate’s call and pledge for transparency yet not one single candidate that has advanced to the general election has offered a suggestion on how that might be accomplished.

Maybe it’s time to include some specifics in the campaign platform. Without that, these pledges are just hollow words.

First, take a moment to read George Nowack’s post about open board meetings. (11)  https://nowackhoward.com/behind-closed-doors-can-a-board-of-directors-of-a-community-association-keep-members-out-of-its-meetings/   It speaks volumes, and FYI, Nowack was former corporate counsel for the POA for many years.

Considering that, let’s propose one easily accomplished first step that will ensure progress toward that goal of transparency.

OPEN each and every closed door board meeting to the property owners if only via recording.

This is simple.

This is doable.

Each candidate should make this pledge.

Should other currently sitting directors refuse to open the meetings, newly elected directors might recuse themselves from voting in a closed session in order to comply with the requirements of Board Policy 104.

Note: Executive session would still be reserved for discussions regarding personnel, real estate transactions and/or contract negotiations.

It might also be noteworthy to mention that one candidate previously solicited a petition to remove board members for executing an agreement with Bobby Jones Links in closed session, and yet here he is without any pledge to end those same sessions. (12)  https://www.change.org/p/big-canoe-ga-residents-recall-of-the-big-canoe-board-of-directors

Perhaps he can lead the way, and make that pledge.

Now go for it.

. . . . .

Should you be interested in the information found in these posts and wish to see additional articles posted in the future, please subscribe for an email notification or check back frequently. And as always, feel free to contact me directly at thepcrosses@gmail.com for questions or further discussion. Meanwhile, take care, stay safe and thank you for your readership.

Patricia Cross

10438 Big Canoe

References:

1) Mauldin & Jenkins correspondence dated September 10^th, 2025 addressed to the POA Board President, Election Committee Chairperson, and Director of Finance

2) “Fairy tales”, September 5^th, 2025, bcmatters.org, https://bcmatters.org/fairy-tales/

3) Special Board Meeting Minutes, September 8^th, 2025

(POAwebsite>login>meetings>Minutes>2025>September 8^th)

4) Finance Committee Meeting Minutes, August 22^nd, 2025 (POAwebsite>login>POA>Committees>Finance>Minutes>2025>August)

5)  AskThePOA Request#18354

6) “Lines in the sand”, August 19^th, 2025, bcmatters.org, https://bcmatters.org/lines-in-the-sand/

7) 2025 Operating Budget (POAwebsite>login>POA>financials>budgets>2025>OperatingBudget)

8) Covenants, March 1988, Article VI, Section 2 and Article VII, Section 2

(POAwebsite>login>POA>governingdocuments>covenants>covenants1988)

9) “GEMA Funding Application”, Big Canoe E-blast from the General Manager, September 17^th, 2025

10) Final Public Notice, September 18^th, Pickens Progress, Pg. 8B, click here for a copy of the public notice

11) https://nowackhoward.com/behind-closed-doors-can-a-board-of-directors-of-a-community-association-keep-members-out-of-its-meetings/

12) https://www.change.org/p/big-canoe-ga-residents-recall-of-the-big-canoe-board-of-directors