Petition the Baca Grande POA (BGPOA) for a Member Vote

To the Board of Directors:

The BGPOA is controlled by a small group of individuals. Since 1971, they have been making decisions without consulting all members and unjustly collecting unconscionable yearly fees (now $380) without accountability.

Members, including war veterans, who once loved living in the area, are abandoning their property because the BGPOA dues are too high ($380) and property values are too low.

Together, we can do something to put a stop to this by holding the BGPOA accountable.

We call for the Executive Board of Directors to implement a vote by members calling to disband the Baca Grande Property Owners Association (BGPOA) for the following reasons:

• Owners paying for Duplicate services at 6.3x for Casita lot, 4x cost, for a Grants lot. See Powers comment below by selecting 'SEE MORE'.
• The BGPOA has been unjustly extracting yearly assessments from all of the property owners since the BGPOA Declaration of Covenants governing document was improperly amended. A document cannot be modified without following the rules of amendment stated in the original. The original Declaration (aka covenants) was abandoned then not referenced for 16+ years, since the Declaration was improperly Recorded (May 2, 2001).
  • No Member ballot was sent out. See Exhibit V below.
  • Declaration Changes were made without Member approval then concealed. See old Declaration.
  • Nov 2000 Amendment vote failed. Amendment required over 2,571 votes but the vote was 1,169, which was not enough.
  • Declaration (aka covenants) Changes were made ignoring amendment requirements of the Original required by CCIOA 38-33.3-120 (2) must amend by ... "requirements specified by those instruments".
  1. Invalidly Changed the Term to be perpetual (Section III of old Exhibit A).
  2. Also, invalidly Changed the requirements to amend declaration document itself to require current member dues payment (or good standing) to vote: this is egregious and is only possibly because we have a Corporation in charge. See US Code Title 18, 241 & 242.
  3. Also, invalidly required Amenities funding (see 5.6 of Improperly Amended Declaration).
  4. Also, invalidly Changed late fee rate from 8% and changed assessment due date from May 1st.

• See the 12th District Case 2011CV42 Exhibits (click underlined text to see) :

Case 11CV42 Injunction

Order to Dismiss Injunction

Motion to Dismiss Injunction

Exhibit V (Only a Member Survey was sent out)

• Exhibit Q (Nov 2000 Received only votes 1,169)
  Exhibit L (1997 failed vote to amend, Needed 1,653 votes for Quorum)
  Exhibit A (Legal changes were made from original Declaration)
  Exhibit P (News Letter, no legal changes to be made to Declaration)
  The BGPOA Declaration - Improper Declaration (Legal type changes were made)

Exhibit A section III (Term section) states to amend after 1985 "by a majority of such owners".

POA Validity - Exhibit Q states "each lot is a membership, and we have 5143 memberships (Nov 15, 2000)." That means the BGPOA needed a vote for amendment of over 1/2 of all owners which would be 2,572 votes to change the original Declaration (Exhibit A, the Original Declaration). Again, the vote tally was 1,169 votes to amend. This was not over the 2,571 votes required. The original declaration has not been referenced by the BGPOA for years and is not even on the BGPOA website. The BGPOA has known about these fundamental discrepancies for years. The BGPOA and has not held a vote, by the owners, to validate a declaration. There is no properly authorized declaration. The requirement for owners to be in Good Standing to amend the declaration was imposed without sufficient member votes.

The original declaration did not state that an owner is subject to good standing (current in dues) to vote for amending the declaration (meaning covenants).

Furthermore, the original contains no clauses, that suspend the vote from non-paying owners, for the purposes declaration amendment.

Note, the BGPOA Bylaw document contains requirements for official meetings (not details of owner property encumbrance). The bylaws do not contain the requirements for declaration amendment, only the declaration (covenants) contains requirements for declaration amendment.

See more detailed information at (click to see):

A rebuttal_to_POA_Thanksgiving_Letter

POA_Thanksgiving_Letter

POA Info

• BGPOA dues are excessively high ($380) for value. Members leaving. See Powers comment below by selecting 'SEE MORE'.

Due to this, 1230 members have abandoned their property ownership rights (Treasures Deeds recorded since Jan 1, 2000) - many more since 1971 (46 yrs). That is 2.75 times the rate in the county over same period. These members have been forced out. The assessment is egregious and members are leaving. Inequitable assessments have never been recognize or solved. These Members loved the area and their discussion to be a part of this community.

• Property values depressed, flooded market.

Unjust assessments - BGPOA issued 3132 BGPOA liens on its own property owners. These POA liens have been issued on its own owners who represent the majority. Saguache County owns 294 lots because owners have abandoned their property because the BGPOA dues are too high. Saguache County holds 220 tax liens on member properties because members cannot pay the high POA dues. Excessive supply has depressed values. This has gone on for 46 years since 1971. These owners have had their property values depressed. BGPOA purpose is to protect property owner values. Majority (80%) of the Owners non-resident with vacant lots. We want no part of it any more.

• The BGPOA has been collecting millions from non-residents without taking their needs into consideration, including a 101 year-old member who has been paying her dues ($339 last year, now $380) on a vacant lot in Grants since 1972 ( ... really, because we do not stand up!). See others by selecting 'see more' under Comments.
• The BGPOA is a nonprofit corporation, yet claim they are undertaking government functions and using selective enforcement.

Member’s Constitutional liberties are being quashed. As the majority and we demand to be heard through a Member vote.

Enough is enough!

I support disbanding the BGPOA by Prohibiting the BGPOA the power to Assess the Owners.

I call for the Executive Board of Directors to implement a vote by the membership to Disband the Baca Grande Property Owners Association (remove the power to assess).

(click to see) Contribute to cost of informing owners of this petition

Additional rational/info:

• All we want is to vote - to find out what the Owners desire, not how to do it. The first step is only to determine what the Owners desire, not what the BOD or Management wants. This is a fair and reasonable request.
• Completely inefficient, ineffective and out of touch. See Tucker, Korstange, Bearss, Higa & Osborne comments below by selecting 'see more'.
• The BGPOA has out lived it usefulness and is obstructing progress. See Dahv B, Pope, Troxel, Nygren & Bonaker comments below by selecting 'SEE MORE'.
• The Baca will thrive if the assessment goes away. Let's try something different. See Spitzman, Blas and Nelson comments below by selecting 'SEE MORE'.
• See bob's insight by clicking on 'See More' under COMMENTS below.
• The BGPOA is undertaking government functions as a nonprofit Corporation - constitutional checks & balances are absent, limitations are preventing necessary growth and constitutional liberties and property rights are quashed. (click to see) Center Post Dispatch Article
• Controlled by a small group who love the status quo (POA cash cow, no other jobs in area).
• Financial Unacountablility: (click to see) Financial Questions CPD
• Fire, EMT, roads, parks/rec and area specific code enforcement is available without a Corporation (BGPOA) and with uniform application & due process (not a typical HOA function, was intended as temporary in Declarations). See Cotham comment below by selecting 'see more'. Mostly already paid for via your taxes.
• The BGPOA is using fear based propaganda to sway, and to look useful, cause confusion and distract Members from the actual (true) problems. Gravel purchased sat used for years, then distributed by a contractor when storage was no longer available and disband initiated.
• 22.83% of the property owners are not paying assessments (813). 291 properties owned by the County. 3851 (total property owners) - 291 (county owned) = 3560 (owners - possible voters). 3560 - 2747 (paying members, provided at the 10-19-17election) = 813 (not paying) or 22.83%. Selective enforcement. Note, obviously these 813 owners support disbanding of which the court would recognize.
• Baca/Crestone area is represented, very well at the County.
• The Baca/Crestone area contributes ~46% of the Saguache County property tax base.
• The Saguache County Commissioners are not going to refuse to such a heavily contributing voter base the few basic services that are not already provided by County.
• The BGPOA is not recognizing the basic problems eg Members being financially forced out. BGPOA is protecting the property values of the minority. See Freed, Choate, Henry, Masquelier, Schupp & Smith comments below by selecting 'see more'.
• Non-residents treated without admirable consideration at meetings, after funding thousands dollars since 1971 for the meager BGPOA services. See Wildrick, Waddell/Franz comments below by selecting 'see more'.
• Good old boy network (arbitrary enforcement/playing law enforcement). Obscure meeting agendas. Delaying communication/meeting minutes (until it is too late for provide an input).
• The members have never approved assessments for reserves (only cash needs are authorized- max 1 year). Reserve funds are being used to force payment and it is the dominating cost. The only way out, is to stop paying taxes since the market is flooded, making a fair sale unlikely, due to the BGPOA's assessment. We may need to stop paying dues. See justification above.
• We are the majority and we deserve (demand) to be heard through a Member vote. See Georgic comment below by selecting 'see more'.
• Please provide your reason. See Leitz comment below by selecting 'see more'.

Thank you for contributing and for standing up.

Should the BOD reject this request, we will need your contact info - send an email with Owner name and lot number to (click to mail): brinkhal@gmail.com .

See more detailed information at (click to see): POA Info

URL: " https://sites.google.com/view/baca-grande-poa-information/home "

Note, you can remove your name from this petition at any time.

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