BACKGROUND: On January 30th, 2025 the Big Canoe POA announced in the monthly Board Meeting that they were considering changing the community name. Also on Jan. 30 the POA eblasted “A Message from the POA Board of Directors”. On Feb 5, BCMatters.org released an article on the subject. On Feb 8, FOBC released it’s 1st Article on the subject.
This is the hottest topic I have seen in quite some time for Big Canoe Property Owners. FOBC has been inundated with new source information, and the outrage seems to be coming from all levels within the community. One thing that has become abundantly clear – is that there is a lot of misunderstanding, and misinformation – much of which is being caused by the usual non-transparency of the POA Board of Directors. So here are some facts, and some opinions:
First, some breaking news / clarifications:
- Sources indicate that Big Canoe Brokerage (BCB) – owned by Mike Rhodes (aka the Trademark Owner) has given a 100+/- Page Lawsuit to the Big Canoe POA, with the ultimatum for the POA to make a deal or BCB files the lawsuit.
- BCB, a Real Estate Company operating outside the Gates of Big Canoe, was sold the Trademark Rights by the Big Canoe Developer years ago (it was actually a daughter of Bill Byrne operating on his behalf as he was falling into Alzheimers).
NOTE: At the time (2019) , I had a very good source within the Developer, and back at that time I was directly and clearly told that it had been given to BCB because the Developer didn’t think that the Trademarks were enforceable anymore due to Big Canoe being firmly established as a “Geographical Location”. This lines up with the $1 sales price shown in the Trademark Assignment Agreement. - A realtor/representative of BCB has sent letters blasting the Big Canoe Board for notifying the community of the Trademark negotiations in it’s Jan 30 eblast. In one letter the Big Canoe POA was accused of doing so to drum up ill will towards the Big Canoe Brokerage Group. It appears that BCB’s own internal Realtors may be afraid this will cost them business.
- Indeed, some Big Canoe Property Owners have apparently taken to Facebook and other methods to call for picketing / boycotting of Big Canoe Brokerage by real estate customers.
- In retaliation, BCB has fired off legal notices to some Big Canoe residents, including the Moderators of the FB Group “Neighbor to Neighbor – Big Canoe” in what could be construed as intimidation tactics.
- The POA Board of Directors appears to be cowering in fear – even though they are favored to win any litigation, and even though as far back as 2000 our attorneys (the Atlanta law firm of King & Spalding) told us that “because of the POA’s long, unchallenged use of the word Big Canoe in its various endeavors, the Developer could not prohibit such consistent usage.”
- BCB has demanded over $1,000,000 for the sale of the Trademarks.
- In another twist, sources have made suggestions that the Big Canoe Developer is also now involved due to potential violations of the Developer’s covenant rights if the Big Canoe POA were to “make a deal” with Mike Rhodes that his real estate company, “Big Canoe Brokerage”, were to be guaranteed 1st access to all real estate visitors in the community. Research leads to Declaration & Covenants Article IV. Sect 7, as follows:
” the Association shall maintain, manage and operate all of the Common Properties in such a manner as not unreasonably to interfere with the rights of the Company, its successors and assigns, to own, use, operate, develop, construct, maintain, market and sell properties at Big Canoe“
- There is also talk from Big Canoe Property Owners that they have had enough of the drama. Among the discussion overheard is that grounds for a Property Owner Lawsuit could be the potential Property Devaluation that would undoubtedly occur if Big Canoe were to lose it’s 50+ years worth of Name Brand Recognition. An article in Forbes shows that it is not unheard of for valuations to veer 20% or more. Here is a quote from a 2020 Forbes Article:
“The power of branding means that homes that are otherwise essentially the same and just a few blocks apart can realize sales price differentials of 20% to 50%.”
And property owners should probably check out this research from Porch.com. It has some great data about the value of a branded community name, but I liked this bit of perspective, that perhaps other Big Canoe Property Owners may also relate to:
“Whether it makes sense or not, the names and identifiers of our American communities and housing developments often say more about the people living there than we might realize. In some cases, the way a particular neighborhood is branded can be a direct response to how a community has changed over time, or it can help people feel a sense of connectedness or identity with the area in which they live. “
- Lastly, I wonder what Pickens and Dawson County Residents and Politicians will think if Big Canoe gets rebranded, property values go down, and this enormous tax base suddenly stops pumping the expected dollars into the rest of the county. They also are stake holders in “Big Canoe”.
IN CONCLUSION TO THIS ARTICLE, I would like to make the points that…
- ..the Big Canoe Property Owners Association (“BCPOA”) first filed it’s Articles of Incorporation on Oct 14, 1972. It has used that name in uninterrupted existence since 1972, with Amended and Restated Articles of Incorporation in 1987, 2004, 2006, and 2011. That includes uninterrupted use of the “3 Canoes” logo.
Correction: Article initially read 1992. 1972 is the correct date of incorporation.
- ..the Big Canoe Corporation, as “the Developer”, was an original “member” of the BCPOA.
- ..in 1989, which is 17 years after the Big Canoe Property Owners Association was incorporated into existence, one of it’s members (the Developer) decided to apply for a Trademark to use the name “Big Canoe” and the “3 Canoes”.
Attorneys consistently tell the POA that they are on solid footing, and the POA consistently continues to avoid Legal Defense of OUR rights.
WHY? What are they afraid of?
“Legal Discovery”
… and that is what the next FOBC article is going to dive into… the fact that the Big Canoe POA Board of Directors, and POA Management has so many skeletons in the closet that they need to cover up (including financials) that they have lost the ability to capably and effectively manage our community – because they live in terror of the doors of transparency and legal discovery being thrown open.
Oh, last point… Mike Rhodes, Trademark Holder and Owner of Big Canoe Brokerage…. was for many years the lead broker for Big Canoe Realty as a subsidiary of “the Developer”. As such he was the “Developer Representative” on the POA Board for many years during some very questionable periods. I am told Mike Rhodes is a guy that would know where all the financial and contractual skeletons are buried, and wouldn’t hesitate to use that as leverage in Discovery Requests during litigation. Perhaps that explains why the little scared rabbit known as the Big Canoe POA Board / Management cowers in fear, and caves in to any demands – regardless of whether they are in the best interests of the Property Owners or not.
FOBC is ALWAYS open to new information, and sources that can aid in providing transparency to property owners. FOBC operates under the legal umbrella of being a Newspaper, including all associated legal protections. FOBC has already successfully defended the confidentiality of it’s sources once from a lawsuit by the Big Canoe POA (we were sued in 2019 by the POA General Manager, Jill Philmon, around the same time she was signing away property owner rights to the Trademark the 1st time). We WILL fight to protect our sources! Thank you to everyone that reached out to help develop this story!
Peace,
– david / publisher / property owner
Focus on Big Canoe, GA
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