Recently, I wrote about Big Canoe’s shameless bid to raid FEMA disaster relief dollars to prop up its failing luxury playground (previous FEMA Funding article). That outrage alone should turn your stomach. But here’s the kicker: while Big Canoe wants your tax dollars, they’ve spent decades telling you—the general public—that you aren’t welcome.
“You aren’t welcome.” That’s the message at the gates, at the guard shack, and in the way Big Canoe positions itself. Exclusive. Members only. Keep out.
Except that’s not what the law says. That’s not what the public record says. That’s not representative of Big Canoe’s history. And that’s not what their own governing documents—their Covenants—say.
The Legal Record: The General Public Is Written Into the Contract
The 1988 Amended and Restated Declaration of Covenants—a public and legally binding contract—explicitly names the general public as a beneficiary. Read it for yourself:
ARTICLE I, Section 1(c):
“All Common Properties are to be devoted to and intended for the common use and enjoyment of the owners, their families, guests of the owners, persons occupying dwelling places or accommodations of owners on a guest or tenant basis, and visiting members of the general public (to the extent permitted by the Board of Directors of the Association) subject to the fee schedules and operating rules adopted by the Association.”
Let that sink in. The General Public is written into the contract. That’s you. That’s not opinion—it’s black and white, filed in Dawson and Pickens County records.
And it doesn’t stop there. When it comes to restaurants and inns, the Covenants slam the door shut on any attempt to exclude you:
ARTICLE IV, Section 5:
“The Association shall have the power to place reasonable restrictions upon the right of the general public to use the Common Properties, provided, however, that the Association may not prohibit or unreasonably interfere with members of the general public who enter upon the Properties for the purpose of using any inns or restaurants located thereon, or with such members of the general public in using the roads for ingress and egress and the parking areas in conjunction with such use of inns or restaurants.”
Translation: They cannot bar you from dining at the Clubhouse. They cannot deny you road access to get there. They cannot deny you parking to support that use. That’s your right—guaranteed by the contract they signed with you, and filed at the Courthouse.
Know Your Rights
Yes, they will try to gate you. Yes, they will try to discourage you. Yes, they will make you feel like you’re crashing a private country club. But those gates do not erase a legal covenant.
So here it is, bluntly:
- You aren’t welcome—except the law says you are.
- They routinely gate and deter the public—despite covenants that guarantee your entry to restaurants and use of roads/parking.
This isn’t my opinion. This is the recorded Covenant. Do your own due diligence. Read the public record. But don’t be fooled by the velvet rope at the gate—your rights are in writing. If you do decide to exercise your rights, make sure you document any refusals.
A Word to Big Canoe Property Owners
Now let’s pivot. Neighbors, this is where the hypocrisy hits home. The original plan for our Clubhouse and dining operations was clear: public access would support the business model.
Back in the ’90s, locals brought their spouses here for anniversaries. Families from Jasper, Dawsonville, and beyond came up the mountain to enjoy dinner with a view. The Clubhouse was open, inviting, and—importantly—profitable.
Today? We slam the gates, cut ourselves off from the community, and then wonder why we bleed nearly a million dollars a year in Clubhouse losses. Maybe it’s not a mystery. Maybe it’s because we broke our own Covenant with the general public.
The fix is simple, and it’s already in black and white: follow the Covenants. Open the doors. Welcome our neighbors. Honor the public contract. Let the Clubhouse become, once again, the heart of a broader community.
That’s not just legality. That’s common sense. And it might just be the only way to save our Clubhouse from itself.
👉 Big Canoe POA: Stop telling the public “you aren’t welcome.” Start following the law.
In Righteousness,
— david / publisher / property owner
Focus on Big Canoe, GA – www.BigCanoe.org
a publication of The Mountains Voice
disclaimer: nothing construed in this article is to be considered legal advice. We have provided public access link to the Big Canoe Covenants that this article is based upon the author’s interpretation of the the plain and simple language of the linked Covenants. The author is aware of no other alternative interpretation, nor conflicting amended covenant that changes the language as referenced. This article is provided as an editorial and opinion piece for the benefit of both big canoe property owners,a nd the general public.
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