SAGUACHE COUNTY— A recent letter from a reader reports ongoing legal and leadership issues in Lazy KV Estates and asks those in the subdivision to help make changes, become active in social media KV pages and educate themselves before the upcoming HOA election.
The letter, sent to members of the Lazy KV Homeowner’s Association (HOA), alleges voter fraud, tampered proxies, drinking water issues, compliance issues with the Colorado Department of Public Health and Environment (CDPHE), selling real estate without a license, non-compliance to court orders, also numerous code enforcement issues and blight.
The water issues are ongoing, the letter writer said, and because the system is antiquated sometimes water is shut off to residents for as long as three days, often without any notice. Last summer CDPHE issued a boil order to the subdivision and since September of 2018, there have been several complaints by property owners and continued water quality problems.
Other reports by residents include people defecating on buckets because of water problems then dumping it on the ground, an unusable bathroom/shower house that has not been repaired, and an RV dump site that needs pumping. One property owner reportedly waited eight months for a water tap. People with children had their water turned off mistakenly during the winter and their pipes froze, with no offer of reimbursement from the HOA, the letter said.
Roads in the subdivision continue to be impassable especially during the winter, and even Mountain Valley Schools complained at one point that buses are at risk picking up children there. Emergency vehicles also have become stuck on the roads, the letter says. A 45-year-old road grader purchased for $15,000 to improve the roads reportedly developed engine problems.
Concerns also have been reported for some time regarding the way meetings are run at the HOA, lack of qualification for HOA administrative positions, meeting dates being moved and “scare tactics” allegedly used to intimidate the less fortunate and disadvantaged.
Proxy vote confusion
But the most concerning issue is the handling of proxy votes for elections, according to those who contributed to the letter. Similar issues were reported by voters in a Baca Grande POA election several years ago. The following information on proxies is crucial for voters to make sure their votes count in the upcoming KV HOA election.
• A proxy is good for 11 months and can be used in the future for issues voters may not even know about.
• A voter can name anyone who is an owner at the KV to hold their proxy as long as they are attending the annual meeting in person. It does not have to be a board member or the secretary as the original ballot states.
• A voter can stipulate on the proxy if they want the proxy holder to vote on their behalf, or they can choose to have the person vote for who the proxy holder chooses to vote for personally.
• The proxy can be signed to help meet the quorum, but put a line through the proxy name location and write on it “for quorum use only.”
• There are people in the KV willing to hold a proxy and vote the way that person wants, for someone who is not on the board currently.
• If a voter has already mailed in their proxy and has a change of heart after reading this, they can remove the proxy and request a new one.
A new ballot is being mailed out and listed as REVISED. This because it was decided at the last board meeting, the letter says, that the original mailing was not done correctly by CCIOA standards, so the ballots had to be resent. The ballots still are not notarized, however.
To register concerns or for more information, contact [email protected]