This pages URL is: https://sites.google.com/view/baca-grande-poa-information/home

Please respond sign the petition to disband the BGPOA at:

Disband Petition https://www.ipetitions.com/petition/disband-baca-grande-property-owners-association

Baca Property Owners,

Support this petition and stop paying inequitable BGPOA dues.

Do not sell your property - Values will rise when inequitable assessments go away

Thousands of BGPOA property owners have paid millions of $ dollars. 1230 members abandoned their property ownership rights (Treasures Deeds recorded since Jan 1, 2000). That is 2.75 times the rate in the county over same period.

The Baca Grande POA has been unjustly extracting money from property owners since Jan 1, 2000. Inequitable assessments need to be addressed but the Board of Directors have not recognized a problem. We believe the owners support disbanding the BGPOA etc.. The dues on owners are egregious and this needs to stop. Too many property owners have abandoned their property.

Please Sign the on-line petition above website.

Below are some suggestions. Your can be supportive of many.

1. We want the Board of Directors to hold a Member vote of the owners on the topic disbanding the BGPOA by Prohibiting the BGPOA the power to Assess the Owners. We want the BGPOA BOD to realize how many Members desire disbanding.

2 . We want the Board of Directors to recognize that the Amended Declarations were not amended with the authorization of the Members.

• No Member ballot was sent out. See Exhibit V below.
• Declaration Changes were made without Member approval per the Original Declaration. See old Declaration of Covenants.

o Changed (Section III of old Exhibit A) Term to be perpetual.

o Changed (Section III old Exhibit A) Amendment Requirements.

o Required Amenities funding (see 5.6 of Improper Declaration).

o Changed late fee interest rate which was 8% and due date changed (Section V of old Exhibit A)

• Original Declaration (also ref to as Restrictions within it) Section III required a vote of 1/2 of the Membership to Amend it. The membership was 5,143.
• A Member quorum was not established.

See the 12th District Case 2011CV42 Exhibits:

Case 11CV42, Injunction

Exhibit V (Only a Questioner was Sent Out)

Exhibit Q (Received only votes 1,169, miss-calculates needed votes for quorum)

30% of 5143 is 1543. Total votes were 1213 which was not enough for a quorum.

Exhibit L (News Letter March 1997 claims 1,653 votes needed for Quorum)

Exhibit A (Section III Term - requires 1/2 of 2/3 the Membership to Amend, Also legal type changes were made from original Declaration)

Exhibit P (News Letter, no legal changes to be made to Declaration)

Improper Declaration (Changes of the legal type were made)

Secretary of State Submission 5-7-2001 Quorum not established 3429 (2/3 of all members), nor 1/2 (1715 of that voting for).

Order Dismissing Injunction

Motion to Dismiss Injunction

Exh F

Exh M

Exh N

Recording the Amended and Restated Declaration of Covenants on May 2, 2001 was improper for a multitude of reasons shown above. It is against the law to record legal document that falsely encumber property.

See CCIOA section 38-33.3-120.5 on declaration extension does not apply to the HOAs established prior to July 1, 1995 per CCIOA Section 38.33.3-117 (3). The POA was established in 1971.

Additionally, CCIOA section 38.33.3-117 does not list section 38-3.33-120.5 as applicable.

Also, CCIOA 38.33.3-217(2) (limiting the time to challenge the validity of an amendment adopted) is not applicable per 38.33.3-117(3) and is not listed as applicable any where in 38.33.3-117.

3. We demand the Board of Directors to stop funding collection attorneys for the pursuit of personal judgments against its own owners. The declaration only allows for a property lien. The members have never voted to allow other legal action against a member. We want a vote to stop these actions. We want the Board of Directors to stop funding collection attorneys to go after the property other than their Baca property. We believe the Board of Directors has no grounds for pursuit of personal Judgments against owners. We believe reserve funds are being used suppress owners who stand up for representation and being used to continue to funding a BGPOA that effectively expired. The Members have not authorized the use of Reserve funds for personal law suits and personal judgements.

4. We want the BGPOA to recognize the members have never approved assessments for reserves. The assessments were to be used for cash needs only. Reserves are being used to force payment.

5. We want to know the names of the owners that the BGPOA is trying to obtain a personal judgment from because our funds are being used for it without Member approval. We believe we are entitled to this information.

6. We want the Board of Directors to hold a vote of the owners to determine if dues should be optional.

7. We want the Board of Directors to hold a vote of the owners to determine if they agree to let the Grants and the Mobile Homes Estates secede from the Chalets.

8. We will not continue to pay inequitable BGPOA dues.

Support this petition and eventually stop paying your assessment because:

Note, the BGPOA may claim you have no right to vote. Your answer, the BGPOA has effectively expired. All property owners have the right to be heard.

A. There is no properly authorized legal document that declares or agrees that your property is required to be part of the BGPOA. The original Declaration was not properly reestablished with the authority of the Members or extended by agreement by Members.

B. The BGPOA claims that properties are subject to the BGPOA by default is not true. Just because a property deed refers to the property being subject to the BGPOA does not mean an owner property is subject to the BGPOA. When a new Declaration was recorded, the original Declaration document effectively expired because it was replaced with a document that was not properly authorized by the Members. The BGPOA was not properly reestablished or legally amended or legally extended.

C. The BGPOA is stock piling these funds as reserves disguised as funds but the funds are being used to fund collections attorneys to strong arm individual Members. These individual Members have to hire costly attorneys to show the Declaration was improperly replace. This is not fair. The BGPOA legal costs are becoming larger and larger which is unsustainable.

D. Unjust assessments, assessed by the BGPOA have caused it to issue 3132 BGPOA liens on it own property owners. These liens have been issued on its own owners. Saguache County owns 294 lots because owners have abandoned their property because the BGPOA dues are unsustainable. Saguache County holds 220 tax liens on member properties because members cannot pay the high BGPOA dues. The high BGPOA dues have a majorly contribution to depressing property values. 1230 members abandoned their property (Treasures Deeds recorded since Jan 1, 2000). The BGPOA should have been taking actions to increase property values, not depressing them. Many members have paid thousands of dollars over the years to an improperly enacted BGPOA. These Members have paid the BGPOA millions of dollars over the years. These Members loved the area and their discussion to own in the Baca. This has gone on for 46 years since 1971. We want no part of it any more.

E. The BGPOA has no agreement to go after personal judgments against Baca Property owners. A personal judgment was not part of the original Declaration (see Article III) nor was it part of the improperly enacted Amended and Restated Declarations. The Amended Declaration was enacted without proper authorization of each property owner. The original replaced Amended Declaration clearly states, “Until paid, such charges together with …, shall constitute a perpetual lien on and against the property charged. A lien maybe filed against the property … “. The BGPOA is not in compliance with its own improperly enacted Declaration.

F. When the Board of Directors hires a collection law firm to pursue a personal judgment, the property owner has been led to believe there is no way out. The individual property owner believes he cannot stop paying but he can and has been able to since the time the original Declaration was improperly replaced. The BGPOA declaration effectively expired.

G. My voice matters and we deserve to be heard. The fees structure is unjust. The unjust dues (assessments) need to stop.

H. We do not wish to be forced to be part of an organization that effectively expired of which does not listen or represent the majority interest. The BGPOA BOD only wants to continue the BGPOA.

I. We want to work along with the other owners in the Baca who are fighting for equitable dues and fair representation. We want to the truth revealed.

J. We want to know the names and addresses of the owners paying dues and not paying dues so they can have information the BGPOA is not providing. We also want to know the agreements that other owners have for not paying dues because we may have similar circumstances and since the BGPOA is not providing it.

K. We do not believe that the BGPOA will ever solve this problem of inequitable/unfair dues. We do not want to waste time fighting against biases and positions that perpetuate the ongoing problems. We are not being represented. We continually hear illogical agreements which justify the continued unfair assessments.

L. We want to live and let live, allow the pursuit of happiness and just be nice.

L1. We believe my property needs will be will be served better by the county than the BGPOA. It is not true that the county will not support the needs of its population. See Q.

M. We my want to be compensated for payments used for unauthorized expenditures.

N. We believe a there are solutions available without implementation by a Corporation.

O. We believe it is not right to destroy property values of the majority to support the amenities provided at enormous cost.

P. It is not fair to destroy property values of the majority so that the some property owners that can control of their neighbors.

Q. Fire, EMT, roads, parks/rec and area specific code enforcement is available without a Corporation (BGPOA) and with consistency & due process. The Baca/Crestone area contributes ~46% of the Saguache County tax base. The Saguache County Commissioners are not going to refuse these basic services to such a heavily contributing voter base. Due to this, the Baca/Crestone area is represented very well at the County.

R. We want the BGPOA BOD to know our desires by a holding a vote to determine it.

S. Holding a vote will not cause immediate loss of services it will communicate our desires.

T. Temporary road maintenance can be established. A temporary private fire and ambulance contracts can bridge a service gap if needed. BGPOA employees can be integrated with other providers.

U. No change will happen if the BGPOA continues and if our desires are never known or made clear.

Disband Petition https://www.ipetitions.com/petition/disband-baca-grande-property-owners-association

Please sign the online petition above. To sign the petition, you need to register at ipettions .com. You can remove your name from the petition at any time.

It would be helpful if you included the lots umber that you represent and if you are a vacant land lot owner and which part of the development you own property in. If you do not want to post your property info as a comment at ipetetions.com, you can email it to brinkhal@gmail.com

Support this petition and stop paying inequitable BGPOA dues. To provide contact info/get justification or contribute (fund direct mailer), send an email with Owner name & Lot number to: brinkhal@gmail.com

Thank you,

Hal Brink

brinkhal@gmail.com

Disband objectives

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Keywords: dissolve dissolution abandon defund unfund terminate discontinue shutdown end suspend break up disestablish dissipate suspend POA HOA BGPOA prohibit assessment.