E-Mail Sent to POA Members
By D. Lee Phelan on 6/13/2004

Sent in accordance with Colorado Electronic Act

PROPERTY OWNERS OF SANTA FE TRAIL RANCH – Trinidad, Colorado

In accordance with Section 4.8 of the Bylaws, Santa Fe Trail Ranch, I am requesting a Special Meeting of the Association Membership and its leaders to discuss issues outlined in the attached document.  Specifically, I am requesting a combined meeting of the Santa Fe Trail Ranch Property Owner Association and Santa Fe Trail Metropolitan District.

Summary:

Over the last three years, there has been a formal and serious attempt to identify and address issues of the property owner association with those in charge.  Over the same period, there has been significant effort to disenfranchise property owners from their rights regarding ranch and metropolitan district operations.

Masses of communiqué have been made, leaving a significant audit trail into the flagrant abuses, as outlined in the complaint.  Most importantly, are the actual records of both the Santa Fe Trail Ranch Property Owner Association and the Santa Fe Trail Metropolitan District, which define the collaboration of these issues. 

What isn’t available is the extensive effort behind the scenes to discredit fellow association members whom seek the truth.  Surely, the mere publication of this lawful message will erupt in an additional propaganda campaign.  Regardless to the intent of others, I wish to publicly and formally address these issues, gathering the formal and public response of these organizational leadership teams.

There exists an inability, or unwillingness, of the Board of Directors of both organizations to appropriately provide a formal and timely response.  Therefore, this alternative action is required.  Inasmuch I will demonstrate the concerted efforts throughout three years of discussion in attempting to address complaints by property owners and the Santa Fe Trail Ranch Property Owner Associations, Santa Fe Trail Metropolitan District’s inability and complete unwillingness correct them.  Demonstration will be provided to show when property owners voice concerns or disagreements; they are shunned by the board of directors – even slandered in attempts to discredit them.

On behalf of the association membership, it is necessity to address the legality of operations, the established financial procedures of governmental operations and to create, once and for all the necessary communication conduits for input of ideas and complaints from the property owners into the operation of the ranch or to discontinue the property association and metropolitan district altogether.

I am seeking the criminal investigations necessary to dispel the rumors of impropriety, or to confirm their existence – resulting in the necessary arrest, prosecution and convictions.  It is my belief, after significant research that the metropolitan district was constructed under false pretense and is improperly or illegally operated.

Property owners need to be cognizant of the laws governing our ranch; including those “volunteers” that give readily to its operation.  Property owners have a right to expect service; beyond local popular belief that “volunteerism” is a reason for invalidation of process.  Being a “volunteer” cannot be the disguise for “ignorance of the law”.

The property owners of the ranch are paying a high financial price, but receive minimum service when it comes to the Santa Fe Trail Metropolitan District.  Which IS NOT a volunteer organization; it is a Colorado Title 32 – Special Tax District.  Not a group of “volunteers”, but of state statutory elected officials with statuary requirements, obligations and reporting procedures.

This complaint is compiled through 3-years of onsite observation, research and additional member input – it addresses the underlying concerns regarding the operation of the ranch.  Its intention is not all-inclusive or exclusive.  For those organizations in charge, it needs to serve as a serious wake-up call in regard to the needs of the property owners and the lacking necessary conformances to the law.  It contains the necessary “legalese” verbiage to permit those responsible accesses to the required statutes and to lend credence to the seriousness of the issues.

This is the last call to reasonable action without the need of the courts.

Please distribute to all property owners of the ranch.  If you have received this communication by mistake, please contact the SFTR Webmaster to update your information regarding ownership or access to the ranch website.

This procedure is not to be confused with, or perceived in conjunction with the Civil Lawsuit filed by D. Lee Phelan, SR, verse Mrs. Linda M. Frost and the Santa Fe Trail Ranch Property Owner Association, Colorado 3rd District Courts, Case # 04CV47 – which is a completely separate issue and actively pending lawsuit.

(Mail List 1)

NOTICE: This is a notice about pending legal action and is not a solicitation.  It is required by law.  Questions, Issues and Suggestions regarding this complaint will be addressed in public forum during the prescribed meeting, when established by the Board of Directors.  By law, property owners should be notified of this request, in addition to the Board of Director’s response. 

As previous communiqué have been avoided in a perceived effort to disenfranchise property owners – this notice is sent separately.  In the event that the Board of Directors does not establish the prescribed meeting within the allotted notification period; a formal process of notification for class-action will be followed.

Property owners, directors, committee member’s and respondents are reminded that your comments can and will be used against you in a court of law.