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
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
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
Their short term
solution appears to have been the forced removal of our ACC
members via the filing of 4 Criminal Charges:
However their 130+
absurd claims and "proofs" when presented and
then investigated by
the Sheriff's Office (Case
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
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
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
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!