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The Battle for control of Sage
Port #2 Continues!
In a desperate move initiated
just 2 weeks after our Covenants were sealed and extended to
2026 the "SPHOA" attempted to undermine and invalidate our
Covenants ACC Officers and effectively the Election results by
the filing a series of felony
charges against us including Criminal Impersonation
and Forgery with the Douglas County Sheriff's Office!
This claim that our ACC Officers are not valid,
despite being appointed over 10 years ago, started in Dec. 2015
when the "SPHOA" unilaterally declared only their Board could appoint
the Covenant ACC members! (more
info here)
Likely this was put out in preparation for their
ballot efforts on changing our Covenants which they launched a
few months later in March 2016. Had they won the modifications
they wanted then the new Covenants would have granted them this
power. However they NEVER expected the pushback and
rejection they got from our community, with some 90% rejecting
any changes!
So as a result
this "Sage Port HOA" group is in somewhat of a difficult position, their Bylaws and
what few members they still have now hold a position in direct
violation of our Covenants which doesn't even recognize this
group!
Their short term
solution appears to have been the forced removal of our ACC
offficers via the filing of 4 Criminal Charges:
However their 130+
pages of
absurd claims and "proofs" when presented and
then investigated by
the Sheriff's Office (Case
No. 2016-00093241)
along with our simple 1 page email
counter documentation resulted in the complete rejection and
dismissal of all 4 of their fabricated claims as being
100%
UNFOUNDED
and the issue was
closed! The recorded apppointments to the Covenants ACC were legal and
the recording of the new officers were legal and binding.
It is critical to
note the primary "fact" they presented as evidence supporting
their charges was that
only the
Sage Port HOA has the ability to appoint the Covenant ACC members.
This is exactly the power they asked us twice to grant them this
summer and twice was totally rejected by our owners! Their
willingness to provide blatantly false "evidence" that is
clearly not supported by the legal record can only be explained
by what appears to be a blind obsession by a few individuals to
somehow find a way - any way - to control our community - even against the
wishes of 90% of our owners.
We had hoped that given the
results of the elections that Mark Hesse, John Manka and the few
other "control activists" would finally realize that
Sage Port
#2 does not need or want them controlling our community!
However, a few weeks later,
after failing at his
attempt to use the Sheriff's Office to undermine our ACC, Mark
Hesse then launched another attack by having his law firm send
us a "Stand Down" Letter, effectively telling us that we needed
to stop all communications that were negative about Mark
and his private "HOA" group -
apparently we hurt his "feelings" by calling him a "community
control activist" (maybe a therapy puppy would help).
Naturally we rejected this new threat of legal action - if you can't win the
debate - just shut down anyone who opposes you and your groups
views!
Unfortunately only a few
weeks from their massive defeats they have started up again, it
appears they are effectively rejecting the Election results and
views of our owners, and are willing to do and say whatever
necessary to somehow find a way to grab power! After 20+ years of
attempting and failing to obtain control of our community you would
think Mark and his crew would finally get the message!
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