Sage Port #2 ACC
Architectural Control Committee
Larkspur, Colorado Monday, May 28, 2018
|The SPHOA, Erickson and Manka Disinformation Campaign|
The SPHOA's new claim of ACC & Covenant powers is total disinformation:
In a notice sent out Dec. 2015 the private SPHOA group announced both a merger with their so called "Legal, Manka & Erickson ACC" as well as a modification to their By-Laws allowing them to pick new ACC members going forward. The only problem is that this is in direct violation of our community Covenants!
· How can this private SPHOA group claim Covenant powers to appoint the ACC members when the Covenant never created a Sage Port #2 HOA and they are never mentioned in it?
· As for CO Law, the courts have made it very clear that they have no standing to regulate Sage Port #2.
· The Covenant ACC members can only be appointed by current ACC members, or a general election. There are no other methods. As the SPHOA Board is very well aware of - or should be!
In case they lost their copy – here is the section from the Covenants on selecting ACC members: (see any HOA listed?)
In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor, neither the members of the committee, nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then recorded owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of the committee, to increase or decrease its number, or to withdraw from the committee or restore to it any of its power and duties
As for Glen Erickson and John Manka and their Private "ACC. Corp":
· There are absolutely no Douglas County Records to validate them as Covenant ACC members. This requires a legally filed modification to our Covenants, as it is attached to your deed and governs your property rights. None exists!
· If they have, as claimed, been our ACC since 2006, why have they never filed their names? Maybe because they know a false filing with the County is a Felony with up to 3 years in prison?
· They have no Documentation of any Covenant ACC member ever appointing them.
· They were never Elected to the ACC by our Sage Port #2 home owners.
· Setting up their CO Corp. in 2006, and making "use" of our name, has nothing to do with our Covenants ACC and in no way can any CO Corp be setup that would automatically grant them control over our Sage Port #2 property.
· Like this private SPHOA group we now have yet another private group claiming self-appointed powers and positions!
It is not clear why the SPHOA, Erickson and Manka are now attempting this blatant deception on Sage Port #2 home owners. The SPHOA knows they have no legal ACC selection powers. Erickson and Manka fail in claims of Covenant ACC membership by their very obvious avoidance in recording their self proclaimed appointments with Douglas County. It only takes 5 min. to file, they have had over 11 years to do so!
It is one thing to have your own private Club with very legal sounding By-Laws and implied powers, but when they go to such efforts to cast their self appointed powers over the entire community it only causes conflicts. Once again this very small fringe group, with no support from the majority of our home owners, is claiming new powers to modify our Covenants and eventually how our community and your personal property is governed (naturally by them), there has to be a good reason!
Well I hate to say it it - but it looks like a 2003 power grab all over again!