Walking it back . . .

There’s a lot going on in Big Canoe. So much so, that it can be a challenge just to keep up. Because of that, this post will once again address a variety of subjects rather than present any cohesive discussion on one specific topic. Let’s now begin with several updates to information found in recent posts.

Update to that “illegal vote by proxy” . . .

First, the board should be applauded for acknowledging the error for allowing proxy voting in the March 3^rd closed board meeting and executive session. As noted in the previous post, (1) https://bcmatters.org/and-for-now/ Georgia Code 14-3-824 now states that “no director shall vote by proxy at a meeting of the board of directors”.

According to the March 17^th closed door meeting minutes, after noting that the change had been brought to his attention, the POA secretary went on to emphasize that “no voting results were affected by this error, but the official minutes should be corrected and re-posted”. (2)

Subsequently, the original March 3^rd meeting minutes as previously referenced by this writer were removed from the POA website and replaced with an edited version absent the proxy votes. However, rather than delete the original minutes, it might have been more appropriate and transparent to simply insert a comment to the minutes recognizing the error.

Note: Keep in mind, the purpose of meeting minutes is to memorialize what actually took place, not what should or should not have taken place.

Update to those “usurious” finance charges . . .

Last summer, while discussing their review of the Association’s accounts receivables, it was remarkably noted by the Association’s accountants, Mauldin & Jenkins, that the Association’s delinquency policy was among the best they had seen”. (3) https://www.youtube.com/watch?v=cmOr7cSd68k at 17:25 (4) https://bcmatters.org/outside-the-box/

This writer questioned whether the review of that delinquency policy included an analysis of the proper calculation of finance charges on those late assessments.

For example, property owner statements specified that interest on all delinquent accounts will be calculated at 18% per annum whereas Georgia Code 7-4-2 states the maximum rate to be 7% per annum.

Further, leadership was urged to take a look at Northside Bank vs. Mountainbrook of Bartow County Homeowners Association at  https://caselaw.findlaw.com/court/ga-court-of-appeals/1742434.html and https://ljlaw.com/georgia-courts-strike-blow-hoas/. (4)

And now, some seven months later with the issuance of the February 28^th property owner statements, (with no evidence of any board discussion on the subject) the language has been changed to state “Interest of 7% will be charged on all delinquent accounts”.

Kudos to management for finally making that correction.

Note: It is unknown if those property owners previously assessed the usurious finance charge of 18% have been reimbursed.

Additional Note: To be fair, our elected board can not be expected to know every section and nuance of Georgia non-profit code. Instead, isn’t that what the Association pays the accountants and legal counsel to do?

Update to the status of the (water) 1984 Trust Deed . . .

In yet another post, (5) https://bcmatters.org/what-have-they-done/ concerns were expressed regarding the Association’s intent to dissolve the 1984 water Trust Deed while also confirming that the EPD division of the Georgia DNR mandates that all privately owned sewer facilities have a trust deed in place.

Another search of public records now fortunately confirms that the cancellation of the 1984 Trust Deed in favor of UIG will not take place at this time. This is contrary to the board’s announcement at the December 2024 Town Hall and documented in a December 19^th e-blast to the community and acknowledged in the POA President’s AskThePOA Response#15651. (6) Perhaps leadership was overeager and thus misspoke.

Regardless, this is very good news.

Apparently leadership hit a snag as that action has instead been pushed down the road another three years via a “Fourth Amendment to the Trust Deed” recorded on March 25^th, 2025. (7)

One might continue to wonder if the POA and UIG encountered a problem with the Georgia DNR as previously predicted (5) especially considering that UIG’s permit to operate a privately owned wastewater treatment facility is up for renewal in October 2025.

About those trademark negotiations . . .

In response to a property owner’s question at the March 27^th open board meeting, the POA President stated, “Our goal all along, all along, was to purchase the marks, and not rebrand. That was the goal all along.” (8a) https://www.youtube.com/watch?v=ZC0wzkiDYBY at 1:02:34

Really?

Now compare this statement to his lengthy announcement at the February 27^th open board meeting regarding the unbranding and rebranding process. (9) https://www.youtube.com/watch?v=jNaRGx37zlq at 48:25 through 55:09

Clearly, one or the other statements was untrue.

Note: As for those who wish to assert that the rebranding threat was a negotiation tactic in order to get the best price, it is now clear that approach was futile and ineffective. (10)

And still we wait.

Drum roll . . .

And at long last, the year end financial statements have now been posted to the POA website after the conclusion of the March 27^th open board meeting. Without any current financial information since November 2024, this is welcome news.

It is noteworthy to mention that the  POA treasurer appears to staunchly defend the delay in providing this financial information to the property owners by stating his belief that the POA goes above and beyond the requirements of Georgia Code 14-3-1620 regarding annual financial statements. (8b)

Note: Conversely, leadership continues to ignore the requirements of Georgia Code 14-3-1602 by withholding accounting records previously requested by this writer.

Alas, this post has become quite lengthy . . .

With that in mind, it might be better to delay discussion of the many inconsistencies found in the posted financials for another day soon. If interested, please feel free to subscribe for an email notification of those discussions.

. . . . .

Until then, if you believe the information contained on this site is important, please continue to share and pass it on. And as always, feel free to contact me at thepcrosses@gmail.com for questions or further discussion. Meanwhile, take care and stay safe.

Patricia Cross

10438 Big Canoe

References:

1)    “And for now”, March 14^th, 2025, bcmatters.org, https://bcmatters.org/and-for-now/

2)    Special Board Meeting Minutes, March 17^th, 2025

(POAwebsite>login>meetings>Minutes>2025>March17th)

3)   Big Canoe POA Board meeting, June 27^th, 2024, video on Youtube at: 17:25

https://www.youtube.com/watch?v=cmOr7cSd68k

4)   “Outside the box”, July 2^nd, 2025, bcmatters.org, https://bcmatters.org/outside-the-box/

5)   “What have they done?”, January 10^th, 2025, bcmatters.org, https://bcmatters.org/what-have-they-done/

6)    POA President’s AskThePOA Response#15651, dated January 7^th , 2025

7)   Fourth Amendment to the Trust Deed – Pg. 1 , Fourth Amendment to the Trust Deed, Pg. 2  , Fourth Amendment to the Trust Deed, Pg. 3 , dated February 28 , 2025 and recorded on March 25 , 2025, Book 1429, Page 0086-0088, Pickens County, Georgia records.

8)   Big Canoe POA Board Meeting, March 27^th, 2025, video on Youtube at a) 1:02:34 and b) 42:08

https://www.youtube.com/watch?v=ZC0wzkiDYBY

9)   Big Canoe POA Board Meeting, February 27^th, 2025, video on Youtube at time stamp 48:25 through 55:09 https://www.youtube.com/watch?v=jNaRGx37zlq.

10)   “More about that Big Canoe trademark”, March 6^th, 2025, bcmatters.org. https://bcmatters.org/more-about-that-big-canoe-trademark/