Sage Port #2 ACC

  Architectural Control Committee

    Larkspur, Colorado                  Monday, May 28, 2018

History of our Sage Port #2 Covenant ACC Membership 1971 - today

 

 

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Sage Port #2 was founded in 1971 by the Colorado Western Development Co. and is controlled by a set of Protective Covenants which are a legal attachment to all our property deeds. As the foundational document it controls and protects our collective property rights. As a matter of Law it is critical it is correct and current.

This document is only 2 pages, clearly written and easy to read and understand. It has never been successfully modified and no other 3rd party documents or organizations are capable of overriding it.  Also note that the ACC is the only organization established in it, there is no establishment of an HOA!

The original filing creating Sage Port #2, in 1971, is filed with the Douglas County Clerk and Recorder, Book 220, Page 763.

The original members named to the ACC were: Julius Pickoff, John L. Sieber, and Lee E. Stubblefield. 

First change was in 1984, Book 539, Page 519. At that time John Sieber and Lee Stubblefield had passed away and the remaining member Julius Pickoff resigned appointing his replacements to the ACC as Melodie Oliver, Pat Kelly and John Scarlett

Second change was in 1986, Book 664, Page 151. At that time Melodie Oliver and Pat Kelly  had resigned and the remaining member John Scarlett appointed Sandy Sanders and Cliff Wallace. 

Third change was Oct 2007, Recording Ref #2007081079 (replaced Book & Page). At that time John Scarlett had passed away. Sandy Sanders and Cliff Wallace resigned selecting their replacements as Wilfred Magnan and Lisa Burt.

Forth change was July 7th 2017, Recording Ref #2017046139. At that time Dennis Nuttall was appointed by Wilfred Magnan to replace Lisa Burt who had resigned after 10 year of ACC service

Fifth change was May 2nd 2018, Recording Ref #2018026353. At that time our current ACC Members, Dennis Nuttall and Wilffed Magnan appointed George Parsons to fill our last open position 

(NOTE: the above references to Books and Pages are how the legal documents are filed with the Douglas County Clerk & Recorder and have been the only changes to the ACC membership from original 1971 Covenants to today)

Original 1971 founding of Sage Port #2           

1st Change1984     

2nd Change 1986       

3rd Change 2007 4th Change 2017

5th Change 2018

JuliusPickoff  appointed >

 

John Scarlett appointed > 

Cliff Wallace     appointed >

Wilfred Magnan     appointed > Dennis Nuttall     

Dennis Nuttall

John L. Sieber             

 

Melodie Oliver          

 

Sandy Sanders  appointed >

Lisa Burt 

(resigned 2017) 

Wilfred Magnan     appointed >

George Parsons

Lee E.Stubblefield      

 

Pat Kelly                   

 

John Scarlett              

  Open 

Wilfred Magnan   

Please note that the Covenant ACC membership has been continuous and unbroken for 47 years. In each recording of a new appointment the document specifically references the previous filing to establish that the members listed have legal standing to appoint the new members. This provides the traceability necessary in record searches.

The only way a Sage Port property owner can join the Covenant ACC is:

  • By being appointed by a current ACC member and recording the change with the County.

  • Through an owners election, where a majority can remove or appoint members. and recording the changes with the County, (this has never happened). 

As for the organization the SPHOA calls the "Legal ACC" with Glen Erickson and John Manka. Well, this is just a Colorado Non Profit Corporation in setup in 2006 making "use" of our name!

Despite the blessing of the SPHOA, which is also just a private organization with no regulatory powers over Sage Port #2, there are absolutely no County Records to validate that they have any Covenant ACC standing. Also you will note in their By-Laws while they reference Sage Port#2 they make no assertions to being the Covenant ACC - again - just a private group of a few (2-3?) people with no regulatory powers - just a "borrowed" name.  You have to wonder what they and the SPHOA are up to with this Dec 2015 public merger?

The facts is that none of the 13 current or former ACC members have ever appointed John Manka or Glen Erickson to a position on the Covenants ACC. While they did provide some temporary volunteer services to the Covenants ACC, under a delegation to do so prior to 2007, after which all delegations of authority to support or represent the Covenants ACC were terminated along with their services.  

In addition, while current ACC members can appoint individual owners to fill openings, we have no legal ability to transfer our Covenant authorities to another organization, which would then invalidate the ACC selection provisions in the Covenants - this could only be done with a rewrite and modification of the Covenants. 

This is exactly what the SPHOA attempted to get passed, a modification to the Covenants which would have given them the power to appoint and run the ACC.  As we all know, our owners firmly rejected making any such changes. 

John Manka and Glen Erickson are simply two local property owners who simply appointed themselves! Next time you see them just ask them - Who appointed you to the Sage Port #2 ACC?