SIDE STREETS: Cherry Creek mess getting straightened out

Any way you look at it, the Cherry Creek Springs subdivision in Black Forest is a mess. Has been for years.

But this month could signal the beginning of the end. The first sign came Sept. 14 when residents elected a new board to govern the homeowners association. The new officers did not include any members of a group of residents at odds with the HOA.

Next is a trial scheduled Sept. 29-30 in 4th Judicial District Court to sort out a list of complaints the HOA board lodged against four of the 100 or so families in the neighborhood. The stakes are huge: Upward of $20,000 in legal fees could land on the defendant families if they lose.

The HOA board says it is simply trying to restore order after the dissident group disrupted the community by refusing to abide by covenants that govern life in Cherry Creek Springs.

HOA attorney Jack Scheuerman said the board hopes to win a court order declaring the HOA budget and covenants valid. And he wants the group to pay the legal costs incurred.

The dissidents say the HOA board has selectively enforced covenants and granted building permits for fences, barns, animals and trailers to friends while rejecting applications of others and levying steep fines.

One defendant in the lawsuit is Matt Lasley, an Air Force Academy graduate and former Air Force officer whose crime was his refusal to sign an HOA loyalty oath. The board demanded a signed oath from every resident after a group attempted to oust the board in June 2007 and take over in protest of a special dues assessment. Lasley was not involved, but he refused to sign it, even after the HOA rewrote it as a simple "opt out" declaration to avoid litigation.

 "Nothing in this case has anything to do with me," Lasley said. "I simply refused to sign their outrageous loyalty oath. I shouldn't be a defendant. It's harassment."

Scheuerman agrees Lasley did nothing wrong. And he acknowledged other residents refused to sign the oath and are not being sued.

"Lasley shouldn't be part of this suit," he said. "He says he has no fight with the HOA. But he won't sign. He's in because he won't get out."

Another defendant is Dave Holly, who is at risk of losing his house in foreclosure proceedings brought by the HOA after a string of covenant violations and unpaid fines. He said his troubles all stem from a private, personal dispute with his next-door neighbor, who was president of the HOA until last week.

He also refused to sign and is in a long dispute with the HOA. It sued him for seven covenant violations. When it lost on three issues, the board revised its rules and cited him again. He has refused to recognize the new rules and now faces 32 covenant violations, mounting fines and foreclosure.

"We want to sell our house, but we can't," Holly said. "We have no choice but to stay and fight."

The other two defendants are Robert Gaspar and Bill Morris, leaders of the failed coup. They objected to a $75 increase in dues and tried to take control of the board.

Both describe the suit as a holy war.

"I don't believe a cabal of individuals who want to bend the rules and use the court as their preferred weapon should push me off my land," Gaspar said. "My hope is in my lord and my faith."

Morris says the conflict has damaged his family and tested his faith.

"When you stare at evil, you must decide whether to give in or stand for what you believe is right," he said. "Do I sell my soul or serve my master? I stand with God."

Tell me about your neighborhood: 636-0193 ?or bill.vogrin@gazette.com