BLM Lease Sale Proposed to Auction Mineral Rights

18,000 acres of land in the Wet Valley is part of the federal plan to auction mineral rights for gas and oil drilling in southern Colorado. The edge of the proposed area is only one mile from the Great Sand Dunes National Preserve border.

To make your comments known to the Bureau of Land Management, you can respond with your comments by mail at this address:

BLM Royal Gorge Field Office
attn: September 2018 Lease Sale
3028 E Main St
Cañon City, CO 81212

Or by email to this address: blm_co_rg_comments@blm.gov

The period for submitting your comments is open through April 6, 2018

Notice of Hearing on Petition for Amendment of Declaration of Covenants

District Court Alamosa County, Colorado 

Court Address: 702 4th Street, Alamosa, CO 81101

________________________________________________________                                                                                 

IN THE MATTER OF:

THE PETITION OF THE ZAPATA HOMEOWNERS ASSOCIATION FOR AMENDMENT OF DECLARATION OF COVENANTS

___________________________________________________________________

    COURT USE ONLY

Attorney or Party Without Attorney (Name and Address): 

Erich Schwiesow

PO Box 1974

Alamosa ,CO 81101

Phone Number (719) 589-6625

E-mail: erich@erichschwiesowpc.com

 Atty. Reg. #: 23385

____________________________________________________________________________

Case Number: 2018 CV 30008

Division:                Courtroom:

NOTICE OF HEARING ON PETITION FOR AMENDMENT OF DECLARATION OF COVENANTS

    TO ALL INTERESTED PERSONS:

    Please take notice that a hearing on Petitioner Zapata Homeowners Association’s Petition for Amendment of Declaration of Covenants, a copy of which is included with this notice, has been set for FRIDAY, MARCH 16, 2018, AT 9:00 a.m. at the Alamosa County District Court, 702 4th Street, Alamosa, Colorado 81101.  

    Pursuant to C.R.S. § 38-33.3-217(7)(d)(I)(C) please be further advised that the court may grant the petition and order the proposed amendment to the declaration unless any declarant entitled by the declaration to vote on the proposed amendment, the federal housing administration, the veterans administration, more than thirty-three percent of the unit owners entitled by the declaration to vote on the proposed amendment, or more than thirty-three percent of the lenders that hold a security interest in one or more units and are entitled by the declaration to vote on the proposed amendment file written objections to the proposed amendment with the court at the address above prior to the hearing.

    DATED this 29th day of January, 2018.

                        ERICH SCHWIESOW, PC

                            s/ Erich Schwiesow

                        __________________________________

                        By Erich Schwiesow

DEADLINE FOR COVENANTS VOTE EXTENDED

Any member who has not received a ballot by USPS mail, please contact the ZHA Admin at zapatahoa@gmail.com or (719) 589-6770 to request a replacement ballot to be able to participate in the vote for the Covenants revision.

The Admin will email or mail a substitute ballot to the member who will have until September 15, 2017 to post the ballot return to WSB the Accounting Firm hired to tabulate the ballots.

ZHA Annual Meeting 2017 in Pictures

 The Annual Meeting of the ZHA membership took place on Saturday, August 5, on the lawn outside the home of member Jim Jones.

The Annual Meeting of the ZHA membership took place on Saturday, August 5, on the lawn outside the home of member Jim Jones.

 ZHA Board President Jack Zeman and ZHA Administrator Cindy Chapman

ZHA Board President Jack Zeman and ZHA Administrator Cindy Chapman

 Newly elected ZHA Board member John Barnes and outgoing Board member Tyra Barnes.

Newly elected ZHA Board member John Barnes and outgoing Board member Tyra Barnes.

 ZHA Board member Anna Dvorak, Mark Seaton and outgoing Board member Patrick Murphy.

ZHA Board member Anna Dvorak, Mark Seaton and outgoing Board member Patrick Murphy.

 ZHA Board member Wayne Ross gives Fees and Budget report.

ZHA Board member Wayne Ross gives Fees and Budget report.

 Governance Committee member Nancy Starling Ross answers Covenants rewrite questions. 

Governance Committee member Nancy Starling Ross answers Covenants rewrite questions. 

 ZHA Board member and Governance Committee chair Erin Smith.

ZHA Board member and Governance Committee chair Erin Smith.

2P4A5125_6_7.jpg

Photos credit: Tony Oswald

 

Second Amended and Restated Covenants

ZHA Members will be receiving a copy of the Second Amended and Restated Covenants in the mail within a week, along with a ballot to vote on adopting the proposed amended covenants.

Click HERE to open or download the final Second Amended and Restated Declaration of Protective Covenants of the Zapata Subdivision:  A Planned Community.  These covenants include recommendations from ZHA members and have been reviewed by our ZHA attorney.  The submitted questions and comments from ZHA members along with the responses from the Governance Committee are posted on the Zapata Web page under the previous news posting, Comments/Response.  (Names and addresses were removed for privacy.)  We would like to thank those members that took the time to send in their ideas and suggestions.  Their participation was very helpful in this huge project.

To review, here are the reasons for the ZHA Covenants rewrite:

There are two sets of Covenants (1975 and 1981) that regulate the Zapata Subdivision.  Over the years, the ZHA has been given varying legal opinions on how these covenants should be applied to the property owners.  To mitigate risk of lawsuits against the ZHA, one set of Covenants should be developed to replace both the 1975 and 1981 Covenants. 

  1. Current Covenants refer to infrastructure that never was and never will be implemented in the Zapata Subdivision.  The Covenants also do not accurately reflect the water rights of the ZHA.  Examples include:
    1. RV Lots
    2. Servants’ quarters
    3. Water/sewage system
    4. Prohibition of trailers
  2. The 1975 and 1981 Covenants are not consistent with each other. 
  3. Current Covenants are not aligned with county zoning ordinances, state statutes, and federal regulations and laws.

To adopt the Second Amended and Restated Declaration of Protective Covenants requires a majority vote of the membership based on the assessmentsIn the past, it has been extremely hard to get enough ZHA members to respond to the adoption of revised covenants.

YOUR VOTE MATTERS!

In the packet you'll receive next week, a ballot is enclosed with a return envelope.  An accounting firm has been hired to tabulate the votes and the envelope will be prepaid and postmarked to their address.

Thank you for taking the time to read through the Second Amended and Restated Covenants and for participating in this vote.

Covenants Comments/Responses - Suggestions/Responses

In advance of the mailing of the Proposed Covenants revision sent to the ZHA Membership for a vote, the ZHA Governance Committee is making available, as promised, the full archive of comments or suggestions that were received via email or mail, along with the committee response after each and every review. Names were removed for privacy, although dates were preserved. 

Please click HERE to open or download a full .pdf copy of this Comments/Response document. 

A full copy of the Proposed Covenants will be posted to the website once the document and the ballot have been sent to all the members. Materials are at the printers now and the mailing will be sent by the promised July 31, 2017 deadline. As a reminder, ballots will be due to be postmarked for return to the ZHA by September 1, 2017.

Covenants Meeting June 10 Agenda + Documents

Covenants Review Meeting June 10, 2017 - Great Sand Dunes Visitor Center Conference Room 2pm - 5pm. Tell the rangers at the gate that you're at the Dunes for the ZHA meeting and your entrance fee will be waived.

Click HERE for the Agenda for the meeting along with the current Draft Covenant Document for review. 

PLEASE NOTE: These are the current Draft Covenants to date - still in draft form. The committee received suggestions up until the May 31 deadline which are still being reviewed and pending discussion and written response. The responses to these comments will therefore not be reflected in this document. The responses will be provided by the committee after the meeting on June 10 and after the ZHA attorney has reviewed the final draft.  There will be more updates to the draft covenants based on our completed review of comments (both those received by 5/31 and in order to include those received at the meeting) and with final input from the ZHA attorney.  

The target date for the updated draft Covenants based on input from ZHA membership and ZHA attorney is July 12, 2017, with the final mailing going out to the entire membership on July 17, 2017.