The net is:

The Big Canoe Covenants allow the Developer to sell combined lots.
The Developer can include in the contract that they may be subdivided later. He did this in 12 transactions in the past.
The POA has no say in these matters. There is a legal, binding contract and the Covenants permit the action.
The Developer has sent the POA a letter saying that in the future back assessments would be included in the contract.
The opportunity to formalize this is with the new Covenants.

I’m willing to let you give the details here. Take the opportunity to do so; you are a board director.

Why don’t you provide the details as you attended the meeting. There is important detail that you can furnish beyond a mere yes or no.

Will the Board allow this property owner to separate his one lot back into three lots (Lot 3511 back into lots 3511, 3512 and 3513)? Yes

Was this property owner trying to avoid our assessments? Yes

Will the Board require this property owner to pay the 5 years of monthly lot assessments on lots 3512 and 3513 (with interest and penalties)? No

This is only one of many multi-lots paying only one monthly assessment.

Since Bob Crouch, POA Board Director, is back commenting on this forum, I will let him give you the details.

Will the Board allow this property owner to separate his one lot back into three lots (Lot 3511 back into lots 3511, 3512 and 3513)?

They will need to decide quickly as he has already done so; and he has the lots for sale: http://activerain.com/blogsview/963058/New-Listing-3-great-Lots-in-Big-Canoe

Was this property owner trying to avoid our assessments?

Will the Board require this property owner to pay the 5 years of monthly lot assessments on lots 3512 and 3513 (with interest and penalties)?

Stay tuned.

Owner and Parcel Information
Owner Name 1031 EULALIA LLC
Today’s Date March 07, 2009
Mailing Address 3909 CLUB DR
Parcel Number 024D 088
ATLANTA, GA 30319
Tax District UNINCORPORATED (District 01)
Location Address 3511 BEAR CREEK PT
2007 Millage Rate 22.4400
Legal Description LOT 3511 WILDCAT W-2 LL 308 LD 5-2
Acres 2.97
Class Code (NOTE: Not Zoning Info)
R3-Residential Special 5-2
Neighborhood Big Canoe
Homestead Exemption No (S0)
Landlot/District 308/

2008 Tax Year Value Information
Land
Value Improvement $345,000
Value Accessory Value $0
Total Value $345,000
Previous Value $345,000
Land Information
Type Description Calculation Method
RES BIG CANOE(100,000 B) (89)
Number of Lots 3
Improvement Information
No improvement information associated with this parcel.

Accessory Information
Description Year Built Dimensions/Units Value
No accessory information associated with this parcel.

Sale Information
Sale Date Deed Book Plat Page Price Reason Grantor Grantee
06-14-2004 603 479 59 123 $0 Gift OLIVER DAVID 1031 EULALIA LLC
06-14-2004 603 472 59 123 $0 Gift 1031 EULALIA OLIVER DAVID
06-14-2004 603 470 59 123 $355,500 Not Fair Market BIG CANOE COMPANY LLC 1031 EULALIA

Dawson County Tax Assessor Records:
http://64.234.218.210/cgi-bin/ga_dawson_display.cgi?KEY=024D%20%20%20088&

Evidently, this parcel of 2.97 acres does consist of 3 lots according to Dawson County. As the public records show, it was sold by Big Canoe Company, LLC to 1031 Eulalia for $355,500, which was not fair market value. It was subsequently transfered to David Oliver, then to 1031 Eulalia LLC.

It will be interesting to see who the owner has connections with and what, if any, explanation is made of this lates example of egregious behavior. Do you think you or I would have been allowed to do this?

The only way this should be allowed is to require the owner to pay the assessments plus interest as a condition to having the lots re-divided and this isn’t really fair to the many residents who own more than one lot and are paying assessments monthly.