Sage Port #2

 Architectural Control Committee

 

   Larkspur, Colorado  Wednesday, April 10, 2019

  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 a 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 19 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

Wildfire Preparedness Workshops

The Douglas County Office of Emergency Management is hosting a 2 hour seminar to learn how evacuation warnings, alerts, and notifications are delivered to residents in Douglas County, how to register for the Douglas County Alert and Warning System, how to prepare for an evacuation and what to expect.

         The Wildland Fire Alert and Warning & Evacuation Seminar is scheduled for April 16, 2019.

                For More Information: 4.16.19 Wildfire Evacuation Seminar Flyer – Final_DC

Douglas County - Coloradoscaping

Douglas County’s CSU Extension Center is hosting their first annual garden symposium on April 27.

“Coloradoscaping: A Colorado gardening workshop focused on creating your ideal outdoor living space that goes beyond turf or rocks.”

It will be held at Rocky Height Middle School in Highlands Ranch from 9 a.m. – 3:30 p.m. Tickets are $35 if purchased in advance which includes lunch. Tickets are $40 at the door if the event is not sold out by event day, lunch NOT included.

Topics covered are: Pest Management, Edible Spaces in Small Places, Turfgrass Management, and Basics of Xeriscaping.

For More Information: https://extension-colostate.nbsstore.net/spring-gardening-symposium?fbclid=IwAR0uh8yzlTYvnw12YObVQIYKvPrKlP21vVuY69aq0i6ZRfhQZHTLGmEVo3k


Humming Birds

Time to get your feeders up - First Bird showed up today - April 10th

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