We are pleased to announce an addition to our
Sage Port #2 ACC,
George Parsons, a new member of our community
has accepted our offer to fill our last opening on the
Committee.
Our Covenants ACC is allowed to have up to 3
members, these positions can be held for life, which provides
stability to the community. While there has been little
building over the last few year, we are now seeing an increase
in new homes and we felt we needed a final member who could
provide us with expert advice on the more complex issues around
new construction.
We are extremely fortunate that George was
willing to accept our open position. His building background
goes back decades, currently he is the principle of Park Vista
Builders in Colorado Springs which specializes in custom
Commercial and Residential homes. As builder who has seen
and worked in communities all across the Front Range he and his
wife specifically selected Sage Port #2 as the ideal location to
build their retirement home! A welcome addition to our community
and ACC.
No new Subdivisions off
Tenderfoot!
We have gotten a number of calls from owners
rightly concerned about the 22-acre lot East of Tenderfoot that
was just sold. Owners are worried about what was going into that
area. Well the good news is that the lot is part of the Sage
Port #2 subdivision, so we would have total control of the usage
- NO expansion of the Jellystone Camper Park or any other such
development could take place. In researching the sale we
were able to establish that the lot is restricted to only one home and
outbuildings plus it cannot be subdivided, so not only
will this provide a nice permanent buffer to the East, it will
also have no impact to owners in that area.
Building Permits
Before starting any new projects, it is important
you contact us first for a review and approval. The Building
Dept will not issue a permit without our ACC approval. For
simple items like deck repairs the issue can normally be covered
by a phone call or email. Another positive action, while not
required, should still be done. Talk to your neighbors
about your project, especially if you will be having work crews
over. This is just a common courtesy we should all extend to
each other.
Important Legal Information for New & Current Owners
All owners
need to be aware of the restrictions and bindings on your
property deeds as stipulated by our Protective Covenants, which
is a legal contract between us which establishes the regulation
and governance of our community.
We are
fortunate and somewhat unique in that Sage Port #2 unlike most
communities in CO has NO
regulatory HOA under our Covenants (just extended to 2026) nor
is required to have one
under Colorado Law! Our Covenants only
establish an ACC which is the only regulatory authority over
Sage Port #2 home owners.
Sage Port #2 has been and
continues to be 100% HOA Free for nearly half a Century
Unfortunately, we have a small
private group that has been contacting new owners and applicants
for building permits, effectively attempting to delegitimize our
Covenants and ACC. Their letters are falsely attacking the
validity of the ACC appointments in 2007 and then they attempt
to substitute members of their private group as the "real" ACC,
apparently based on their claim that a handful of their members
gave themselves this authority back in
2015. It appears that this is nothing more than their latest
attempt to somehow circumvent or invalidate our Covenants and
then establish themselves as a defacto HOA over our community,
having failed to obtain any regulatory control through the
ballot box.
Two Points:
First, this
is exactly the authority and powers this group attempted to obtain for
themselves with 2 proposed Covenants modification votes in 2016
- their proposed changes would have established them as a legal
regulatory HOA with full ACC enforcement and fining powers over
Sage Port #2. However, despite pushing 2 votes on these changes,
across an intense 5 month campaign, our owners clearly rejected any
changes by some 90%. Our owners not only rejected the
establishing of a regulatory HOA they also refused to even
recognize or accept this group as a voluntary HOA under our
Covenants! While this group continues to promote themselves to
new owners under their "HOA Banner", implying they hold
traditional HOA authorities including full ACC powers - the fact
is our community has definitively refused to grant them any
recognition as an organization under our Covenants and more
importantly refused to grant them any regulatory powers over our
owners.
Second,
on the
issue of the legality of our ACC appointments. This was settled
by the Douglas County Sheriff's Dept in Sept 2016. In response
to a 130+ page criminal complaint they filed against us, just a
few days after they lost their last vote on the Covenant
changes. At the end of a formal criminal investigation,
ALL their charges were
summarily rejected as unfounded! The appointments then and
since, have all been legally executed, filed and recorded with
the County as updates to the Covenants providing a legal record
of the current Sage Port #2 ACC membership.
It is important to understand that the recording
of even a single false document with the County is a serious
criminal activity - punishable by up to 3 years in prison!
Since the original filing in 2007, we have made an additional 3.
There is no way we would be able to record and file 4 Covenant
updates - and still be walking around free - if we did not have
the legal authority to do so.
So despite
the leaders of this "HOA" group, Mark Hesse, Cindy
Cole, John Manka and a few others, not only having
their proposed Covenant changes rejected - twice - by some 90%
of our owners. Plus a clear determination on the legality of of
our Covenants ACC appointments by the Sheriff's Dept. This
fringe group continues to contact new owners with a knowingly
false and disruptive narrative clearly distorting the historic
and legal facts.
On ongoing issues around Building Permits
If you should be contacted by a John Manka,
who has been representing himself the ACC approver for this "HOA"
group, or any other members of the so-called Sage Port HOA
(actually some are not even Sage Port #2 owners), please be aware that they
have absolutely NO regulatory or ACC authority under
our Covenants, they are not even recognized as a community group under our
Covenants.
You have no obligation to provide them
plans, information or even talk to them!
If you are being harassed by
them please contact us at once!
Our
current Covenants ACC members and Building Permit approvers as
recorded with Douglas County are:
Wilfred
Magnan
-
Dennis
Nuttall -
George
Parsons
As owners we all have a stake in
protecting and maintaining our property rights, home values and
quality of life by being informed and aware of individuals and
groups actively attempting to unilaterally grant themselves
regulatory authority over Sage Port #2 owners in direct violation of
our Covenants
Email us at:
Info@SagePortACC.NET Or
Call: 303-351-0520 -
please be sure to provide your name and address
Or you can write to SPACC, c/o Wilfred Magnan, 1092 Kenosha
Drive, Larkspur, CO 80118
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