To: The Independent and Unassociated Property Owners of Sherwood Forest
251 Elfin Glen Dr.
Divide, CO 80814
From: Sherwood Forest Improvement Association (SFIA) Inc.
269 Knighthood Lane
Divide, Co 80814
Subject: Response to your letter publicly presented at the SFIA Semi-Annual Meeting on 01/15/17
Please note below that we have sincerely attempted to address each issue raised in your letter with the facts as we believe them to be true and valid.
First and foremost, the current board of the SFIA has not initiated or accomplished any actions that are illegal either in the State of Colorado or according to the current SFIA Declaration of Restrictions, Articles of Incorporation and By Laws.
We maintain that we are a legally registered HOA that was grandfathered into the HOA Information and Resource Center as a Pre-CCIOA community (created prior to July 1, 1992). We have in place a Certificate of Fact of Good Standing by the State of Colorado as a Nonprofit Corporation dated 01/06/2017.
Past issues regarding lien actions by the 2009 – 2010 SFIA board were resolved 6 years ago and are irrelevant to any current board actions. The current board has not filed any liens on any property owners.
In a good will effort to better standardize and update the SFIA Declaration of Restrictions, first established on 10/05/1959 and filed on 10/28/1959, the current board worked together to submit a Proposed Amended Declaration of Covenants, Conditions and Restrictions for a vote at our Jan. 15, 2017 semi-annual meeting. This was discussed and presented as new business at the July 17, 2016 semi-annual meeting and most assuredly was not a “secret endeavor”. Moreover, the current board was meticulous in following exactly the same procedures that were used by the 2010 – 2011 board when that board updated and amended the SFIA Articles of Incorporation and By Laws. Certainly, submitting a vote to the SFIA community is not an action that in any way can be said to: cause emotional or physical distress; threaten the peaceful existence or abridgement of liberties associated with ownership of property; cause undue financial hardship; burden or harass anyone. We, the current board, are puzzled as to how all the aforementioned effects are possible even before the vote was taken. And, very interestingly, how the aforementioned effects are also possible after the community voted no on the Proposed Amended Declaration of Covenants, Conditions and Restrictions (No – 31 votes, Yes – 30 votes). It is worth noting that there were actually almost as many votes in support of the current board’s actions as were not in support.
In any case, the current board accepts the community’s decision and has no intent to amend the 57 year old original Declaration of Restrictions. Additionally, we will publically post on the website (sfiadivide.org) any board session agenda/minutes as of 1/15/17 in a good faith effort to be transparent even though this is not required in our By Laws. We invite all community members to come together so that we can cultivate an atmosphere of unity and harmony even if we don’t all agree on every issue. Please remember we are your neighbors and volunteered to be board members. We are truly dedicated to helping and improving our community for the benefit of all.
Your 2016 – 2017 SFIA Board