CRESTONE — A Baca Grande Property Owners Association (BGPOA) member served a cease and desist letter to the homeowners association dated Oct. 16 alleging conflicts of interest involving the POA board and several violations of the Equal Housing Opportunity Act.
Bayardo Reno Sandy, who owns property on Heatherbrae Road in the Baca, is protesting new building regulations enacted by the board last month. He is one of many BGPOA residents over the past several months who have objected to the treatment of homeowner/builders in the Baca.
The basis for Sandy’s complaint is the BGPOA’s refusal to allow homeowners/builders adequate time to complete their homes in the subdivision while remaining in compliance with BGPOA regulations, now even more restrictive than before. The following is taken verbatim from the six claims made in Sandy’s complaint letter.
• “Property owners may only live on their land on a trailer of RV for eighteen months while in construction.” (Paraphrased third Paragraph Exhibit-1). Such rule violates the Equal Housing Opportunity and Equal Protection under the law, for only the well to do and rich property owners may have a crew large enough to conclude the construction in less than eighteen months. This new POA rule is punishing or making more expensive for property owners with limited income…
It has been well established that minorities have a more limited income than white Caucasians; therefore, although the rule is not explicit in its language to keep minorities from building in the Baca Grande grounds, the language is implicit in its goal, allowing only the affluent to build without any extra financial punishment.
• The requirement of the Property Owner to pay a deposit of $5,000.00 as a ransom as potential punishment if the building is not erected in expeditious determination by the EAC Board (if builders wish to live in their own property during construction). Such rule also violates the Equal Housing Opportunity Rules and Equal Protection Under the Law, when 52 percent of men and 69 percent of women in the United States live from paycheck to paycheck without enough money or funds for six-month worth of expenses, the POA, is narrowing the race and income of the property owners who are able to erect homes in the Baca Grande, or punishing the poor to acquire extra expense by living in its Camper Village.
• The Environmental and Architectural Committee (“EAC”) should include a diversity of race, ethnicity and gender as EAC members. Currently, the EAC Board is One hundred percent comprised of elder and White Caucasians. Not surprising that cease and desist claims disclosed on above claims 1 and 2 fit an agenda that favors the Baca Grande here forth to be populated by high income White Caucasians.
• The raise of the dues to $380 per year. Currently the POA has the same price policy as Trojan’s prophylactics—one price fits all. When it comes to lots in the Chalets and the Grants there are disparities in expenses and needs. The units in the Grants have a similar terrain as the units located at the Casita Park. The secretary during the meeting did not disclose what percentage of the strain in the resources are applied to the units in the Chalets versus in the Grants. Furthermore, the meeting failed to mention what percentage of pending lawsuits are applied to each of the separate locations—Casita, Chalets and Grants…Although the lot sizes in the Chalets are normally a third of the parcels delineated in the Grants, dwellings located in a steep incline demand many more financial resources than roads and other amenities located in the flat areas.
• Since the POA is in the business of housing, no member of the board, employees or next to kin should be in the business or profiting from housing as well.There is a terrible conflict of interest when members of the Board are also profiting from housing. Whether the business is plumbing, electric, general contractor, architectural, long term or short-term rental, such professions should be precluded from service as Board members, since their decisions will be bias to what will provide more income to them…I shall not disclose my personal difficulties in getting an extension to my building permit in May of 2017; I will reserve such list of vexation to a possible future litigation.
For instance, a simple “Motion for Discovery and Inspection of Evidence,” will compel the POA to disclose all of its fines for the last 10 years or as long as records have been kept.
• It is nothing short of a conflict of interest that the POA enacts rules and regulations against property owners residing in their lots during construction and profits from having a trailer park, also known as The Camper Village.Although the POA is a corporation, the main function and spirit it is to serve as a groundskeeper the preservation of its bylaws, and not become a for-profit corporation. The fact that POA is enacting bylaws for the intrinsic use of its properties, such as the Camper Village, presents a major conflict of interest. Such conflict of interest may expose all POA members to cure current and future litigation.”
Other Saguache County residents over the years have made similar claims regarding conflicts of interest in the governing bodies of various municipalities and the county itself. The recent controversy in Moffat is only one example, and it should be noted that one Moffat town employee also is employed by the BGPOA.
When contacted Wednesday, BGPOA executive director Ayla Hoevers did not return the call and staff available for comment would not confirm or deny receipt of Sandy’s letter.