Santa Fe Trail Ranch
ATTN: Applicable Divisions
P.O. Box 870
Trinidad, CO 81082
April 1, 2003
SENTCERTIFIED MAIL - RETURN RECEIPT
Dear Ladies and Gentlemen;
Since my arrival on the Santa Fe Trail Ranch (SFTR) on or about the 20 of August, 2001,
I have engaged in numerous of concerns dealing with the procedures and processes
utilized by the Santa Fe Trail Ranch Corporate Officers, Committees and their authorized
agents.
Over the course of these last twenty-one months, I and my family have endured undue
stress and hardship in dealing with the Santa Fe Trail Corporate Officers, Committees
and their authorized agents using improper and ambiguous definitions and terms
inconsistent with the Santa Fe Trail Ranch Corporate Documents, the Colorado Business
Corporation Act, Colorado Revised Nonprofit Act, Common Interest Ownership Act and
the Colorado Condominium Ownership Act.
Members of the Board of Directors have participated in an official capacity as witnesses
against me, on behalf on another property owner, without subpoena and in direct conflict
of their positions and duties. SFTR Board members have submitted official SFTR
Property Owner Association (POA) corporate documents without subpoena in order to
squelch this association member’s activities in disclosing SFTR POA improprieties.
Your Corporate Officers have removed fellow directors with inappropriate methods and
unethical practices for opposing improper SFTR Corporate practices and activities;
leaving the SFTR POA at risk for lawsuit.
The SFTR POA Board has permitted improper types of homes to be established on the
ranch, reducing the overall property value potential of individual lots. The corporate
officers have created a hostile work environment for association members inconsistent
with required policies and procedures under the Colorado Business Corporation Act, as a
Colorado Non-Profit Business. Member’s that challenge the corporations’ arbitrary
definitions and discriminatory practices undergo character assassination and are labeled
as hostile, contentious or other derogatory comments in an attempt to render the
association member’s position, stature or business ineffective.
The SFTR Corporate Boards apathetic approach to SFTR POA business; impassiveness
to the issues and concerns of property owners outside of their circle of friends or
neighbors is improper, discriminatory and a dereliction of their corporate duties. In
twenty-one months, there has been no satisfactory progress in the areas of covenant
control, instituting the water system, ranch security or effective maintenance of the roads.
Board members has been completely ineffective in obtaining the active participation of
the majority of members; relying on a futuristic plan of waiting for a majority of owners
to physically move onto the ranch - an accomplishment that has not occurred within the
last twelve years.
The SFTR POA BODs improper oversight and accounting methods have resulted in
potential risk to POA funds with its intertwined relationship with the Metro District
Water Company. Recent communications from the Metro Water District threaten the
use of assessments on individual property lots; inconsistent and unauthorized under
current governance documents. These documents, sanctioned by the SFTR POA BOD
were placed onto the SFTR Website without legal review; a stipulation required by the
communications committee, per email Patrick Roehl, dated 11/20/02, “I have received
your post requests and have been instructed by George Gonzalez, Chairman of the
Communications Committee, that I should wait until Mr. Gonzalez has obtained legal
interpretation of all that is in these postings. He expects that it will take him at least two
weeks to sort this out, assuming that nothing else preempts his efforts”. In fact, this
article has not ever been posted on the web site, nor has any explanation been given for it
not being made available.
It is unfortunate that the SFTR Corporate Board, our “fellow neighbors” and “elected
officials”, deem themselves and their actions above the law, that they can create their
own law by creating a new definition or an arbitrary interpretation of the governance
documents.
It is therefore this owner’s official demand under the Santa Fe Trail Ranch Corporate
Documents, the Colorado Business Corporation Act, Colorado Revised Nonprofit Act,
Common Interest Ownership Act and the Colorado Condominium Ownership Act of the
following:
- An immediate suspension of all homes, dwellings, facilities and building that are
listed under the legal State of Colorado definition of Mobil, Mobile or
Manufactured Home. All illegally placed homes in violation of the effective
definition be issued summons of their violation with the opportunity to apply for
permit under the proper governance documents; following the proper issuance
guidance of said documents.
- The immediate resignation of the following directors for improprieties:
- Mike Shelton .
- Whereas, as President of the Board of Directors, Mr. Shelton
initiated an unlawful procedure to dismiss a fellow director without
cause and without the proper majority vote under Article IV.3 of
the Association By-laws; this is in violation of Article IV.3 of the
Santa Fe Trail Ranch Property Association By-laws and Colorado
Statue 38-33, Colorado Condominium Act.
- Whereas, as Director, Mr. Shelton was required to investigate the
violation of a CCR complaint initiated by an association member,
to wit, Health and Zoning violation of Lot 44. Mr. Shelton
reported he investigated and determined no violation. Whereas,
said property was registered as a 2001 Mag. 16x54 Mobil Home
(Las Animas County Assessor Record , Book 1004, Page 146, dtd
4/2/2002) and therefore is not compliant with Colorado Statue in
regards to the minimum structural offset from a manufactured
home. Mr. Shelton did not investigate the assessor’s records for if
he did it would have been noted that the structure on Lot 44 of the
complaint is in direct violation of Article V.6 and V.8 of the CCR
and that the near-by structures where in violation of state zoning
ordinances for minimum distance from a manufactured home.
Additionally known fact of the case:
- The additional structure is an animal kennel that is used for animal
breeding and sale; which is a commercial business in direct
violation of the CCR.
- Harriett Vaugeois .
- Whereas, as President of the Board of Directors, Mrs. Vaugeois
initiated an unauthorized procedure of representation in the 8th
District Combined Courts of Las Animas County without
Association authorization or subpoena.
- Whereas, as President of the Board of Directors, Mrs. Vaugeois
initiated an unauthorized procedure of introduction of SFTR POA
Association corporate records, to wit, secure discussion forum
documents, into evidence without Association authorization or
subpoena.
- Whereas, as President of the Board of Directors, Mrs. Vaugeois
initiated an unauthorized procedure as character witness for a
defendant that was a SFTR property owner over that of another
SFTR property owner without Association authorization or
subpoena.
- Whereas, as President of the Board of Directors, Mrs. Vaugeois
initiated an unauthorized procedure of influencing a vote; whereas
Mrs. Vaugeois utilized her position in nominating a candidate for
Director, to Wit, Diane Rader; including writing numerous articles
that were posted on the SFTR website.
- Whereas, as President of the Board of Directors, Mrs. Vaugeois
initiated an unauthorized procedure of influencing a vote; whereas
Mrs. Vaugeois utilized her position in slandering a candidate for
Director, to Wit, D. Lee Phelan with false allegations and innuendo
to have the candidate drop from the race. Mrs. Vaugeois initiated
an unsolicited email campaign to denounce the association member
and threaten association members of a directorship walkout should
the candidate be elected.
- Whereas, as Director and Covenant Committee Chairperson, Mrs.
Vaugeois initiates continued campaigns of harassment against
association members she does not have a favorable opinion of.
- Rick Johnson
- Whereas, as President of the Board of Directors on November 16th,
2002, in discussion from the floor about the dismissal of Bob
Santoro, Mr. Johnson stated, “this action was taken by the Board
after thorough consideration and council.”
- Whereas the action taken was in direct retaliation of Mr. Santoro
protecting the constitutional rights of a fellow association member
and therefore not appropriate for consideration for dismissal.
- Whereas the action was taken without proper legal preparation and
in direct violation of the SFTR POA Bylaws and Colorado Statue
38-33, Colorado Condominium Act.
- The immediate censor of the following Corporate Director:
- George Gonzalez
- Whereas, Director and Chairperson of the Communications
Committee, Mr. Gonzalez has knowingly and willing prohibited
the posting of association member redress articles; knowingly
enacted restrictions to corporate common areas and individual
censorship of association member’s comments.
- All Corporate Directors be removed from all committee’s. That all committees
undergo re-staffing, to include the inclusion of an unbiased third party member
not assigned to the ranch, a minimum of 7 members per committee be established.
Should there be less than seven active member’s, all functions for that committee
should be suspended until active participation of the association membership
permits its reintroduction, that
- During the upcoming 2003 election process, all corporate director positions are
vacated for election. Secure online voting is established through the use of an
independent third party company, that
- An independent legal review of the Governance Documents be conducted by a
organization selected by the Bar Association of Colorado and outside of the Las
Animas County center of influence, that
- An immediate suspension of all contracts pending a third party audit of financials,
including the Metro Water District; including a corporate financial review of the
SFTR Corporations compliance under the Colorado Revised Non-Profit Act
dealing with the annual disbursements of unused association funds to property
owners.
It is deeply regrettable that the only way to make the ranch operationally better, is to
legally challenge the abusive powers instituted by the governance employees of the Santa
Fe Trail Ranch. It is unfortunate that the SFTR POA Board of Director’s impassive
observance of property owner grievances is acknowledged with discriminatory,
inconsistent and arbitrary conjecture – not reviewed, documented and referenced
judgments.
I have observed the corporate officers inability to lead, their unwillingness to follow, its
time for them to move out of the way.
Sincerely;
Darrel L. Phelan, SR.
SFTR Association Member and Property Owner
7901 Bear Paw
Trinidad, CO 81082
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