Chapter 4 - Post Settlement Agreement
The newly obtained parity at the board level gave the property owners equal voice in board activities. This same parity generated a situation whereby each side could defeat actions proposed by the other side. The Developer Directors always voted as a “block”, and the Elected Directors were therefore motivated to resolve their individual differences in order that they might put up a united front when negotiating with the Developer Directors.
As a result of the massive changes in governance brought about by the Settlement Agreement approval, the General Declaration had been amended to the point that it was difficult to determine what the most recent provisions were. Therefore, the POA Board approved a “restatement” of the General Declaration that incorporated all amendments into the text of the main document without effecting any other changes. The resulting “Amended and Restated General Declaration of Covenants and Restrictions of the Big Canoe Property Owners’ Association and the Big Canoe Company” was executed on March 26, 1988.
At about that same time, the position of POA General Manager underwent a change. Howard Davis resigned as GM in February 1988, and Jim Cook was hired into the job effective March 1.
In May 1990, the POA Board amended the 1987 Amenity Agreement to provide for a one-time amenity project that would utilize funds from the Amenity Reserve Fund in a manner not otherwise authorized. The project involved building a new nine-hole golf course (the Cherokee Nine) and also building the Indoor Tennis center with two covered courts. The original Amenity Agreement specified that only the Company could obligate funds, and then, after completion, be repaid only for actual costs of construction (no construction loan interest coverage), and repayment would entail emptying the fund for as many years as necessary to accomplish the repayment. The amendment permitted the POA to secure first a construction loan and then permanent financing with the POA covering all costs (including interest) out of the Fund for this one time only.
In August 1991, the Big Canoe Company partnership dissolved. The Patten Corporation departed, and the Byrne Corporation of Georgia became the sole owner of the Big Canoe Company.
In the Fall of 1994, as the result of wind damage from a tropical storm, the POA was desirous of requiring property owners to clean up unsightly debris in a timely manner. Unfortunately, the appropriate provision (Article VIII, Section 2a) of the Amended and Restated General Declaration stated that such cleanup was the “responsibility” of owners but did not provide a mechanism for enforcement. The board obtained a legal opinion that, while the General Declaration contained a number of restrictions on property owners, these restrictions could not legally be enforced until the board was given the authority to promulgate rules and regulations and place the desired restrictions in that form with clear consequences for non-compliance. In December 1994, by an affirmative vote of the membership, the first amendment to the Amended and Restated General Declaration was approved. This amendment provided the board the authority to promulgate rules and regulations, and added a section to Article VIII establishing enforcement procedures for all restrictions contained in that particular article.
In late 1994, General Manager Jim Cook resigned after six years of service, and was replaced by Elmer Stephens.
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About This Site
This site is presented as a resource for use by Big Canoe property owners. Information found on this site will often differ from that which is presented by the POA Board, the current administration, and some of the committees. Much of what you will see here is opinion, but the opinions will be formed from the best available information.
As property owners and users of this site, you are urged to bring attention to the good things you see as well as the bad. You are particularity urged to bring attention to acts by our employees when those actions exceed your expectations.
Property owners have strongly held views and they are encouraged to express their views on this forum. Please refrain from name-calling or attacking individuals. Keep in mind that the goal is to effect change, not create enemies. -
Recent Posts
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Recent Comments
- Chris Beechler: This proposed R&R Reserve Fund plsn needs some clsrificsation for it to be meaningful to me. Here...
- F Shead: Congratulations, very well done.
- F Shead: Must address no-bid contracts. There must be wording added to stop multi-million dollar “no-bid”...
- Larry Grizzle: I would like to think that everyone involved in this process feels they’re doing the right thing...
- DAVID KELLY: My fear is that the POA Board will turn around and increase the monthly assessment to generate the funds...
- Don Wyeth: My numbers as to homes and lots may be slightly inaccurate but are close enough to establish a point....
- mark sementilli: So this is the new and improved CIF? What a dissapointing outcome. I don’t want to appear as...
- Don Wyeth: By now most of you are aware that the POA Board has , after great consideration , come up with a new plan...
- mark sementilli: Doug, The one area or your letter that strikes me as truly amazing is the purported spiking of the...
- Doug Piggott: “Corporate” Board – Fact or Fiction? You decide. Some would have us believe that this term...
