BREAKING NEWS / UPDATE: The Board has already partially responded to my letter with a document release. Click here for an Update and Followup Letter.
TO: Board President (Jay Goldman); CC: POA Elected Board Members (Jim Farinholt, Lou Stephenson, Wayne Crawford, Dudley Devore, Grant Grimes); and POA Developer Board Member (Carolyn Littell)
Please I urge you to search your hearts, and consider the following information:
2016 Land Deal Poll
Following is a Poll I ran within the last week. I am releasing to you the current results of the 4 Primary Questions. The numbers are overwhelming, and deserve your attention and consideration. I realize that this is not a full representation of the community, but the poll was published openly, advertised widely, and was available to anyone to take. I believe that the public sentiment conveyed here should carefully weighed by the Board. The first question was simply to weed out non-Property Owners. The responses indicating in Q1 that they were property owners have almost all been verified by checking the Contact Information, Lot #’s and Addresses that were required in later steps, those results being held in confidentiality per the terms of Poll Participation. These are the results…..
Visual Representation:
SECTION 1: Are you a Big Canoe Property Owner?
Yes, I am a Big Canoe property owner (98%) 137
No, I am not a Big Canoe property owner (2%) 3
140 Answered / 0 Skipped
Visual Representation:
SECTION 2: Do you believe that the Board has satisfactorily, openly, and transparently addressed Issues regarding the 2016 Land Deal?
No (87%) 119
Yes ( 8%) 11
Neutral ( 5%) 7
137 Answered / 3 Skipped
1st Comment to the Board: I think you need to seriously reflect on the above number, 87%, or 119 Property Owners, have basically issued a “vote of no confidence” in how you are handling this matter. I want each of you, individually to pause and reflect internally on this. I want you to do a bit of sole searching, and consider that these are your neighbors in this community – that you represent – and this is their feeling regarding your performance. Ask yourselves – are you really doing what is right for the community? Or are you just going along with this perceived, vague consensus coming from an undefinable source that says, “you must stay the course of the boards before you and follow the developer unquestionably”? All it takes is one or two to make a difference. But it starts with one representative doing the right thing. Can all of these property owners be wrong? Are their opinions truly not important to the heart and soul of this community? If there is truly nothing to hide, is the secrecy worth ripping apart the community?
Visual Representation:
SECTION 3: Do you support a process by Property Owners to begin evaluating the need to seek outside counsel/investigation?
Yes (91%) 124
No ( 9%) 13
137 Answered / 3 Skipped
2nd Comment to the Board: The number of people above suggesting we need to consider seeking outside counsel/investigation actually increases here. While 119 Property Owners expressed dissatisfaction in the Board’s handling of the 2016 Land Deal issues, it jumps to 124 Property Owners that are ready to get it dealt with. My conversations are mixed with people. There are some that still want to continue working with the Board to see if you can be persuaded to “do the right thing”, and release all the documents regarding the Land Deal, but as every day passes, that group shrinks in number, and join the majority, which see no value in continuing a failed effort, and are ready to pool resources to obtain legal counsel immediately. The numbers to move forward without the blessing of the few are there, and risks making the Board a legal adversary. I am reaching out this one last time, sincerely in the hopes that you will reconsider your position, and cease listening to the counsel of the POA Board Attorney (George Nowack and/or his firm) that has had a relationship with the Developer for Decades – yet with each of you individually only for scant months or years. At the least, seek a 2nd opinion. A better solution would be to side with Property Owners, and seek legal remedy against the Developer. Please do not choose to side with the Developer, against your friends, your neighbors, your community. Even you Carolyn Littell. You too have a choice in this. You can choose to be a member of, and to serve, the community of your friends and neighbors in Big Canoe first and foremost – or you can choose to serve the Developer – but you cannot serve two masters at once.
All of you have a choice to make.
Visual Representation:
SECTION 4: Would you like to attend an initial Open Meeting of Property Owners to discuss the facts to date, weigh available options, and provide input/feedback on pursuing a path forward?
Yes (66%) 91
No (34%) 46
137 Answered / 3 Skipped
3rd Comment to the Board: The above numbers, while impressive, are still smaller than they appear. A review of respondees indicates that the drop-off here is primarily reflected in out-of-town, part-time, property owners that simply cannot easily attend, and not an indication of unwillingness or lack of support. I have also observed that as public support increases, it creates a reinforcing loop, creating more willingness for others to join in. I predict that once outside counsel is obtained, clear legal goals defined, and the legal facts and path forward laid out, we will then see a huge groundswell of support within the community, and a much greater willingness to participate and enjoin in a class action suit against the Developer. If YOU, the collective Board were to lead in an action against the Developer, then you would find overwhelming support within the community.
Conclusion: We have reached the end of a process here, and a substantial portion of the community is prepared to engage with the Developer in a legal battle. The following is honestly not a threat – it is a plea, and it is a sincere crying out from those that live with you in our home, our neighborhoods, our community of Big Canoe.
It is decision time, and it is a last offer for you the Board to choose to stand with us, and to provide the community open access to documents related to the 2016 Land Deal, or know that you have voluntarily chosen to stand against us.
Initially at a minimum we are now seeking:
- All copies and revisions of the Purchase-Sales Agreement
- A full copy of the May 11 1987 Compiled Plat of the Lake Sconti Nine Golf Course, showing ALL Tracts identified as Tracts “A”, “B”, “C”. and “D”. We also request that this plat be filed at the Pickens County courthouse as required by OCGA § 44-2-25, and which you are authorized to do according to OCGA § 44-2-26.
- A full copy of the May 11 1987 Compiled Plat of the Valley Golf Course, showing ALL Tracts identified as Tracts “A” & “B”. We also request that this plat be filed at the Pickens County courthouse as required by OCGA § 44-2-25, and which you are authorized to do according to OCGA § 44-2-26.
- A full and unredacted copy of the Rochester and Associates due diligence report.
- Copies of any documentation provided in response to the Rochester & Associates Report’s allegation that 21 of the Parcels we were buying were already shown as owned by the POA. Specifically, but not exclusively we seek an email / letter dated about March 6 2016 from the Developer’s Attorney, Jim Crew, which purports to give evidence for why those parcels were indeed not owned by the POA.
- A copy of the title insurance policy
A review of these documents should be sufficient to substantiate all of the claims and responses made by the Board regarding the validity of the 2016 land deal transaction. These documents shall be obtained, either voluntarily, or through court order as your attorney has suggested a path of pursuit regarding.
PLEASE provide access to the records of the community, to the residents of the community.
I call upon each and every member of the Board to PUBLICLY state their position on the matter – for or against – so that the community may know your individual positions.
Sincerely,
– david hopkins / publisher
Focus on Big Canoe, GA
www.BigCanoe.org
… a publication of The Mountains Voice
– david hopkins / property owner
10887 Big Canoe
Big Canoe, GA 30143
themtnsvoice@aol.com
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