Sage Port #2

 Architectural Control Committee

 

   Larkspur, Colorado  Wednesday, December 19, 2018

  Welcome to the Sage Port #2 ACC Website
   
  

SPHOA  2016 Election Reaction

Property Rights Secured Aug 2016

SPHOA Grants Itself new Powers

ACC History

The Failed 2001 Change

CO Law & HOAs

The Big Con

 Contact Info

Original 1971 Covenants

Formation and Current Status of the SPHOA

 This site is hosted by your ACC members as officially recorded with Douglas County, in compliance with the legal requirements of our original and still current 1971 Covenants

This Website will attempt to provide advice, history and clarity to the ongoing issues in our community. 

 

While our primary focus and Covenant responsibilities are related to Architectural issues, we have had to also address and inform our owners about ongoing activities that could well impact our quality of life, use of your property and property values in general.

 

Unfortunately, a lot of disruptive disinformation is being sent out by the so called Sage Port "HOA". This is just a small private group with a core of 6 or so community control activists that has dedicated the last 17 years attempting (and failing) at establishing their group with total legal regulatory and enforcement powers over our community.

 

Our community is governed by a legal civil contract which is part of your deed and binding on all owners, our Protective Covenants . This document, just extended to 2026, clearly spells out the rights, restrictions and obligation of our home owners.   We feel that by presenting the facts and easy access to all the legal documents surrounding our Protective Covenants we can help cut through all the misdirection, confusion and ongoing disruption being created. 

 

As your Covenants ACC Members we are 100% committed to protecting the property values and rights of our owners.

 

Latest News - Items - Issues

Some Holiday Safety Tips from the Douglas County Sheriff's Office

The holiday season can provide opportunities for criminals. Please take the following precautions to ensure the safety of you and your family:

Before You Shop:

• Avoid carrying large amounts of cash. Pay for purchases with a check or credit card whenever possible. • Be extremely careful using ATM machines. Use them in well-lit, high traffic areas and constantly pay attention to what's going on around you.

• Make sure children know what to do should they become lost or separated. Create a family emergency plan prior to leaving the home (where to meet/who to call, etc.).

• Be prepared for unexpected events such as bad weather or vehicle problems.

While Shopping:

• Avoid carrying large purses. If you have to carry a purse, carry it close to your body and keep it closed. Do NOT leave it in an unattended shopping cart. Carry only what you need.

• Park in well-lit areas with lots of pedestrian traffic and as close to the entrance as possible

• Remember where you parked your car. Make a mental note, write it down, or take a photo with your phone so you will know exactly where to go when you leave the mall.

• Try to leave the mall well before closing time. Doing so will ensure that you walk out with other people. There is safety in numbers.

 At Home:

• Keep gifts hidden from view through outside windows.

• Criminals will often look for packages left outside a residence. If possible, have your packages delivered to your place of employment or an occupied residence.

• Keep a watchful eye out for suspicious vehicles and activity in your neighborhood and report them to law enforcement.

• After opening gifts, break down cardboard boxes of expensive electronics and high-end stores and put them in plastic bags before putting them out with the trash. Hide the fact you have valuable items in your home.

• Lock all of your doors and windows when you leave your residence, even for a few minutes.

• Be wary of solicitations for charitable donations. They may attempt to take advantage of people’s generosity during the holidays. Ask for identification, how donated funds are used, and if contributions are tax deductible. If you are suspicious about their behavior, contact the Douglas County Sheriff’s Office. If You Are Away on Vacation: • Make sure doors and windows are secured.

• Tell a neighbor that you will be gone for a few days and to please notify Law Enforcement if any suspicious activity is observed.

• If you are leaving any vehicles in the driveway, do not leave valuables inside, to include garage door opener and/or keys.

• Sign up for our House Watch Program at https://apps.douglas.co.us/apps/housewatchpublic/welcome.do

• If available, program a timer for the inside lights and/or outside lights during specific times at night.

• If you are expecting any packages to be delivered at your house, make sure to coordinate with a neighbor to pick it up for you, or try to reschedule the delivery of whatever items you are expecting. Have a Safe and Happy Holiday Season

Summer 2018

 

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