While appearing to confirm that this writer’s request for specific accounting records (1) has satisfied the requirements of Georgia Code 14-3-1602, our elected Board of Directors do not seem to believe that the remaining property owners at large are entitled to an explanation or any information regarding the December 2023, $188k variance to budget in administration/operating expenses as demonstrated by their May 10th response to this writer’s request.
Keep in mind that the $188k variance (292%) is in addition to the $100k adjustment to food and beverage inventory. Therefore, property owner dollars totaling over a quarter million dollars in expenses and adjustments have not been accounted for by leadership to the community.
As for that May 10th response . . .
And just as the Q&A discussions have been censored from the community, (2) so goes any information obtained from this writer’s request for accounting records. A copy of leadership’s response (as promised in a previous post on this site) can be found at the end of this article or may also be viewed now by clicking here . (3)
In yet another game changer . . .
Unfortunately, this response is problematic on a number of levels. As just one example, rather than outright denying the request based on some permissible reason, leadership has instead applied additional conditions not contemplated or permitted by Georgia Code 14-3-1602 (4) such as requiring this writer to sign a non-disclosure agreement or document effectively barring any discussion of the findings or explanations with the community.
And not only is the execution of a non-disclosure document not contemplated by the code, this writer does not wish to be a party to or participate in the sharing of information that might be indicative of nefarious activity or questionable financial reporting while simultaneously being silenced from discussing or sharing.
This non-disclosure defeats the purpose outlined in this writer’s request for accounting records.
Mission impossible . . .
And with the code also entitling a member to send a designated agent or attorney to inspect and copy records in lieu of a personal appearance, (5) it is clearly absurd for leadership to extend their stipulation requiring a signed non-disclosure document to that designated individual.
Obviously, it is unlikely that any agent or attorney would ever agree to sign such a document making it clearly impossible to comply with leadership’s demands.
A new willingness to explain . . .
And remarkably, all of a sudden, the POA President would now like to provide an “explanation of the information” after repeatedly being asked and given that same opportunity via AskThePOA Ticket #13063 and an April 26th email ? (2)
Both times, leadership declined.
The difference now . . . previous explanations would have been public and available to the community whereas this explanation would be censored from the rest of the community via the non-disclosure agreement.
Note: Surely leadership is not suggesting that 5,000 plus property owners must file similar requests for accounting records in order to be provided an “explanation” for this significant variance to budget that should have already been voluntarily provided.
Considering the above . . .
Needless to say, this writer will not be signing a non-disclosure document in order to receive copies of the accounting records as requested on May 3rd, 2024 or hear private and privileged explanations from the POA President and the Director of Finance regarding the substantial ($188k) variance to the administration/operating expense budget during the month of December 2023. An email is being forwarded to leadership explaining same. (6)
In conclusion . . .
Remember, this is “our money”. So what now? And does it matter?
. . . . .
If you believe the information contained on this site is important, please continue to share and pass it on. Should you 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 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
The May 10th Response
References:
1) May 3rd, 2024 request for specific accounting records
2) “Always something new in POA land”, May 3rd, 2024, bcmatters.org, https://bcmatters.org/always-something-new-in-poa-land/
3) Leadership’s response to May 3rd, 2024 request for accounting records, The May 10th response
4) https://law.justia.com/codes/georgia/2022/title-14/chapter-3/article-16/part-1/section-14-3-1602/
5) https://law.justia.com/codes/georgia/2022/title-14/chapter-3/article-16/part-1/section-14-3-1603/
This has become blatantly absurd. The information Patricia Cross requested should be made available to all property owners as a matter of course. With almost a quarter of a million dollars floating in limbo, property owners should demand an explanation. Why is this being slipped under the rug?
Demanding an agreement be signed to prevent any explanation be given to property owners footing the bill is unacceptable. It is our right to know, and our responsibility to be watchdogs over how our monthly payments are used. It appears our GM and board may be incapable of fulfilling this duty.
With almost 5,000 residents, property owners and lot owners, there are a dozen or so (board members and senior staff) making decisions for our community without residents being fully aware of what is truly happening.
Keep in mind while board members and senior staff may have been substantial leaders in business, industry or marketing, few if any, have ever managed a community of people. Being leaders in private industry or the military is a far different animal than managing a community.
There is a posse of Big Canoe cheerleaders who follow whatever our governing body puts out there. They often say our board is elected by the majority who felt those elected were competent and must be trusted to make the right decisions for us. But are they really? When honest communication between leaders and property owners is gagged, something is wrong. Examining differing points of view and coming to compromises and solutions will always make a stronger community.
By not offering information about the structuring of Big Canoe, particularly relating to finances, it appears something suspicious is going on which the POA board and GM don’t want properly property owners to know about.
The board and GM should be operating in the sunshine rather than hiding in murky shadows. How can we make this happen?
Why doesn’t Patricia Cross get on the board to make changes and put her ideas to work. Every month or whenever these articles are published, it is hours of research on what was done wrong. Why not spend that energy on making things right? Be part of the solution instead of calling out all the problems.
Tim, I like Patricia right where she is so she can report fairly and independently what is going on. If she were to join the POA Board she becomes legally involved and subject to any and all lawsuits. The time is coming when this will happen. It is rare to find a reporter that consistently reports facts without a personal agenda.
I highly recommend doing an internet search at Boardeffects. Com. It lists the difference between open and closed meetings. It also gives a list of reasons allowing for a closed meeting.
Obviously, Tim, you don’t understand the concept of majority rule with minority rights and Majority rule with concensis. It was a small thing passed as just a minor change to our bylaws. If you understood the concept you wouldn’t ask an assinine question!
It’s consensus and asinine. I do understand minority and majority rights concepts very well. My point is that the articles do not seem to have had a major impact that I’ve seen. It seems to me that the time and energy would be better spent on trying to be on the board to make change happen. That seems to me like a reasonable approach but perhaps not.
Sorry Tim, I don’t have a great spell checker. There’s alot more than the articles to see. Is this your announcement to run? Let me sign your petition sheet!
I think Patrica is doing an excellent job keeping the community aware of behind the scenes action. I just wish every property owner would subscribe to her website.
Many board decisions are made behind closed doors. It would be helpful to hear the pros and cons discussed at these closed meetings. Surely the board discusses both sides of every issue. It would be unusual to have a 100% consensus on everything presented.
Hearing the opinions of individual board members would be eye opening. It might make a big difference at re-election time.
I applaud Patricia for the research she does to point out lines of miscommunication and confusion regarding board and GM actions.
This would never be allowed to happen if she was a member of the POA board.
Set a date. Make sure people know. Then have several thousand property owners show up asking for accounting records and are willing to sign non-disclosure forms.
Good idea Carl…..name a time & a place . My husband & I will be there. Something stinks about all this & needs a big dose of sunlight. The tail is wagging the dog & it needs to stop. Show me the money! Patty & Jeff Bloeser