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Sage Port Introduction to the Legal Conflict Larkspur, Colorado Thursday, March 06, 2008 |
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A short history of our Sage Port Organizations and their Origins Over the last few years I am sure you have been getting a number of mailings from several Sage Port Organizations – many with very similar names and often interchanged – such as the: ACC, ACC Inc., HOA, and the HOA ACC Committee so who’s who and what is going on ? Well, it’s best to always start at the beginning. Our community first started off as a number of lots owned by Colorado Western Development Co. In 1971 they filed a Protective Covenant with Douglas County that became and still is a part of all our deeds. The Covenant simply sets some additional restrictions on how the lots can be used above and beyond any County restrictions. The primary restriction is on what can and can not be built on any lot. These restrictions on buildings have guided Sage Port into a wonderful community as opposed to becoming something along the lines of a rural trailer park. Now you all should have a copy of the Covenants as they are a part of your property deed and you should have read it prior to buying your home. It’s only 2 pages long and well worth reviewing again in light of current activities. This legal document is what established the first of our community organizations and it is the only one that all owners are covered under. The Covenants codified an Architectural Control Committee (ACC) that was established to ensure that all development would be controlled under a set of guidelines established by its members. It took a number of years after the legal establishment of Sage Port for things to start happening, but finally by 1986 there were quite a few residents that felt a community organization should be formed for the general betterment of the residents. A group got together and formed the Sage Port Home Owners Association (HOA). Interestingly one of the major concerns the residents had at that time was getting the roads plowed in the winter. Back then our roads were not the responsibility of the County and after a snow storm things were quite a mess. One of the first things the new organization did was to ask members to voluntarily contribute to a snow removal fund which was used to contract plowing for the neighborhood. It is important to note that this organization was strictly voluntary. It had no legal requirement to be formed and membership was and is totally optional. This issue of membership came up a few years ago, and unfortunately after some bitter battles and potential court actions, what the original founders stated was verified. That the Sage Port Homeowners Association (HOA) has always been a voluntary community organization. In fact it is legally no different than a local flower club or community softball team. A lot of questions have risen over the mailing of notices for dues. Well, any property owner in Sage Port can, if they choose, join the organization or not. Originally the dues went for road plowing, and with any remaining money, a good community party come summer. Later the dues, normally $50.00 were set aside for general community projects and yes a party! With the development of a community organization came a number of community activists and the members of the ACC felt that the two organizations could benefit by working to together. The result was the forming of the HOA ACC or sometimes referred to just as the ACC committee. This group formed in 1986 assumed the responsibility for the continued enforcement of our Protective Covenant and reviewing and approving all new building plans. They also provided an informal mediation services between residents that had property issues. During early 2006, The HOA ACC felt that it was best for the community that it separate from the HOA and formed a Corporation (ACC Inc.) which among other things they claimed provided them some legal protection while they carry out their work. Unfortunately even in a great place like Sage Port, sometimes unpleasant things happen. About a year ago a major split took place in the Board of the HOA. The specifics are covered elsewhere but the result is that there were serious legal issues around the ability of the HOA to function while court action was taking place. You had either 2 HOAs or one paralyzed one, depending on who you talked to while the courts slowly moves through the issues. There have been other groups formed from time to time but these are the 4 key organizations and their history that you hear about, hope this helps. Please review the historical timeline, the explanation of CCIOA and the at least the key legal filings. These all can impact your property rights. We need your input and support. Tell us what you want from your HOA. Please contact us with questions, concerns or other requests relating to these matters at HOABoard@sageporthoa.org or 303.352.1926.
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Key Legal Documents
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This site was last updated 03/06/08