Santa Fe Trail Ranch
ATTN: Board of Directors
P.O. Box 870
Trinidad, CO 81082

April 17, 2003

SENTCERTIFIED MAIL - RETURN RECEIPT

Dear Ladies and Gentlemen;

On the advice of my attorney, I am writing to you regarding the following the following action:

WHEREAS, articles and recommendations have been submitted before the Santa Fe Trail Ranch (SFTR) Property Owners Association (POA) Board of Directors by the SFTR POA Covenant Committee for determination and alteration of the legal statutory definition of the term MOBIL, MOBILE or MANUFACTURED HOME, and

WHEREAS, it is the duties and responsibilities of the SFTR POA Board of Directors to uphold and enforce the Covenant, Conditions and Restrictions (CCR), and the By-Laws; including Article 4.6, “The business of the Association shall be managed by the Board, which may exercise all such powers of the Association and do all such lawful acts and things as are not by statute or by the Declaration or by the Articles of Incorporation or by these By-Laws directed or required to be exercised or done by the Owners."; and

WHEREAS, there are statutory definitions of MOBILE / MANUFACTURED HOMES, required to be enforced by the Board of Directors; and

WHEREAS, the Covenant Committee has failed to identify the numerous structures on the ranch, not permitted and listed as “authorized housing” that violate the current statutory definition of a MOBILE / MANUFACTURED HOME, and are in direct violation of the CCR based on the legal statutory definition; and

WHEREAS, the Covenant Committee has chosen to deviate from the statutory definition and its obligation under the CCR document, that any change to the CCR deviating from the statutory definition must be accomplished through a vote of the membership under Article VII of the CCR; and

Any decision made by the SFTR POA board not to enforce the statutory definition of a "mobile / manufactured" home under the current Federal and State of Colorado definition is in violation of 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.

It is requested that the SFTR POA Board of Directors address and endorse the statutory definition, as derived by the Covenant Committee of a structure, regardless of size, manufactured offsite on a permanent steel chassis, installed on a permanent or temporary foundation.

It is requested that all homes on the SFTR that violate this definition be identified, those not having permits under the guidance of CCR Article 5.6 and 5.8 be cited for immediate removal and further violations be handled in accordance with Article IX, CCR. It is submitted that the home on Lot 44 of the Santa Fe Trail Ranch is qualified as a Mobile Home based on the following:

  1. It was manufactured offsite on a permanent steel chassis and constructed under the Federal Housing and Urban Development requirements for manufactured homes, which differ form the building code requirements of Modular / Site Built homes.
  2. The structure located on Lot 44, SFTR is registered in the Las Animas County Assessor’s office as a Mobile Home.
  3. The structure located on Lot 44 is equivocal to the pictures listed on the covenant committee recommendation; except for the faux wood siding.
  4. The structure can not receive a permit for it is visible from the roadway and adjoining lots; nor does it present a neat appearance.

Mobil homes depreciate in value and draw down the property values of the area in which they populate. There have been many noted cases were property owners were PROHIBITED from establishing similar homes, while others were PERMITTED to locate these homes, making the decisions of the SFTR Board of Directors DISCRIMINATORY.

Enforcing the policy based on the statutory requirements will prohibit conjecture and permit lawful enforcement of the covenant. This decision should apply to each and every home existing, pending or of future development on the SFTR.

Sincerely;

Darrel L. Phelan, SR.
SFTR Association Member and Property Owner

7901 Bear Paw
Trinidad, CO 81082

CC:

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