Sage Port #2

 Architectural Control Committee

 

   Larkspur, Colorado  Monday, May 28, 2018

   
  

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 How the SPHOA Accepted their Election Results!

   

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 and effectively our Election by filing a series of charges against us including Criminal Impersonation and Forgery with the Douglas County Sheriff's Office!

This claim that our ACC Members are not valid, despite being appointed over 10 years ago, started in Dec. 2015 when the "SPHOA" unilaterally declared 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 they are 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 members via the filing of 4 Criminal Charges:

  • Criminal Impersonation

  • Forgery

  • Obtaining signature by deception

  • Offering a false instrument for recording! 

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 UNFOUNDED and the issue was closed! The change in the Covenants ACC membership was legal and the recording of the changes were legal.  

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 ACC members. This is exactly the power they asked us twice to grant them this summer and twice was totally rejected by our owners!  There 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 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, 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 to Mark - apparently we hurt his "feelings" by calling him a "community control activist" (maybe a therapy puppy would help).  Naturally we rejected this new threat - 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 16 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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The "SPHOA" and their Membership/Funding Drive for 2017

 

This year the "SPHOA" appears to only be targeting current members and new owners.  Likely a cost saving measure given that some 90% of our community rejects their view and objectives. Or that their free "membership dinner" a few weeks ago only attracted 12 or so supporters!

However even if you did not get a letter, it is still worthwhile to review what they sent out (copy here) once again we see them pushing their fraudulent claim, stating as an accomplishment :

"revised the Bylaws, merging the Sage Port Architectural Control Committee into the SPHOA, saving costs and reducing confusion"

The problem is that whatever changes they make to their Bylaws has absolutely no impact on our community - for them to push this out to their members is either planned disinformation or maybe they are just suffering from a total delusional view of reality?  Yes, they would love to somehow make the ACC a part of and under the control of their Board of Directors - which would allow them to claim Covenant Powers in a very convoluted and roundabout way. Problems is that just some 40 or so of their members cannot vote this into reality as their leadership is well aware of. But they keep pushing the Lie! 

Maybe it would help them if they just accepted what they state in their own letter where they correctly say: " all property owners in Sage Port must abide by the Protective Covenants" (even if you don't like what they say)  

And lets not forget - wood chipping - join for $50 and get "free chipping"?

This is nothing more than a funding drive, consider that they have not even had a Board meeting in 6 months!  If you want to join the "SPHOA" it should be because you support their goals of establishing themselves as a regulatory and enforcement organization over Sage Port #2 - if you just want wood chipping - simple - get together with 3 or 4 of your neighbors - toss in your $50 and rent your own chipper.

 

Bottom Line: If you are part of the 90% that opposes the ongoing power grabs of this "fringe group”, or a new owner moving here to get away from an oppressive HOA then: 

Be sure to send a message and vote with your wallet!

Spend that $50 doing something you will enjoy!