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Frequently Asked Questions about our Capital Campaign and New Church

As the Capital Campaign continues its success we have been asked questions about the campaign. Each week we will answer the most often asked questions in this section. We ask you to submit your questions electronically to holyname@holynamecc.org or you can write them out and drop them in the Building Campaign Question Basket located in the entryway.
Q: How does the Archdiocese of Denver help us keep our campaign funds secure?
A: First of all, long standing Canon Law (Canon 1267 §3) dictates to an archdiocese and parish that monies given by the faithful for a defined purpose can only be used for that purpose - to the exclusion of any other entity (the Archdiocese for example) being able to use the funds for a purpose other than their original intended use. To that end, the Archdiocese of Denver has long standing established guidelines for parishes to follow when raising large amounts of capital for major projects. These measures are designed to secure the funds and assist in helping them grow until the pool of funds is large enough to begin the project. These guidelines are outlined and available to the public on the Archdiocese of Denver website. These guidelines and rules outline how monies obtained for a restricted purpose (like our campaign) are protected in a number of ways, not the least of which is that they are established and held by the parish in a separate account under the parish’s Federal Tax ID number identifying the funds for that sole purpose. So, our Archdiocese of Denver goes to great lengths in order to help us secure and grow our funds. We have followed the procedures to protect and safeguard our funds so that they are dedicated for the building project.
Q: Could our parish property be sold to satisfy obligations incurred by the Archdiocese of Denver (AOD)?
A: The simple answer is ‘No’. The details behind the simple answer lies in the fact that our parish property is beneficially owned by our parish through a trust administered by the Archdiocese of Denver. What does this mean?
The trust is a special relationship that creates a sort of reciprocal protection to the parish and AOD from threats outside the faith. In legal parlance the term ‘beneficial ownership’ means that the parish, for all practical purposes, enjoys all the property rights, owns, operates, and is responsible for the maintenance and well being of our facilities and grounds. Under this method of ownership our property ownership (and rights thereto) cannot be sold or otherwise taken without our express permission or through collaboration with the AOD unless the property is mortgaged and we default on mortgage payments – which is not the case. Our property is owned outright.
In the Declaration of Trust filed with the State of Colorado the document clearly states the purposes of the Trustee (AOD) are “…consistent with Roman Catholic Doctrine and canon law to advance the religious mission…” and that with respect to ownership …”trustee shall segregate Trust property by the public juridic person that owns the beneficial interest in any particular property and shall not comingle such property.” So our parish real estate is not jointly owned in some manner – it is the property of this parish.
The reason our property is held in a trust by the AOD is for the protection of the greater church in general. The trust in its simplest terms is a legal instrument that, in our case, has the AOD as a protector entity who looks out for our best interest. In that regard the trust acts as a check or safeguard so that we, or any other parish, cannot decide to sell our property and use the proceeds for some other cause. The trust acts to keep all parishes owned (individually) but operated under the Roman Catholic faith (the AOD). For example; if this protection were not in place a break-away parish might sell off their property thereby taking away the sacred ground and buildings from the faithful of that community and the AOD. Outside of this protector position created by the trust, we as a parish enjoy all the other benefits and rights of ownership of our real estate.
If there were a small local threat (i.e. a lawsuit) to our parish, a check by the threatening party would reveal that our ownership position would be defended by not only the local parish but by the AOD. Likewise, if the situation were reversed a check into the parishes of the AOD would reveal that all the parish properties are not ‘owned’ by the AOD and could not be regarded as an asset in such a situation. Likewise, the AOD may not sell our parish property and grounds. The reciprocal property rights are there for the protection of our faith community and upheld by us as a parish and by the AOD.
Q: Didn’t the Archdiocese of Denver file some documents a year or so ago with the state and counties affecting our ownership?
A: Yes it did and the documents are a matter of public record for anyone to see. The two (2) documents filed in 2006 and 2007 go into greater detail to define what is outlined in the answer above. When these documents were recorded in the 25 Colorado counties comprising the AOD, the AOD Chief Financial Officer sent a letter to each parish outlining the measures. To quote from the letter, “These documents, when recorded, provide additional notice to the general public that your parish property is and has always been beneficially owned by your parish. The documents highlight in civil law terms that which the AOD and the parishes within the AOD’s boundaries have long practiced under well established church law (canon law).” The documents are: the Statement of Authority and the Notice of Trust, and an Affidavit of Representative Capacity.
Q: How are we doing on our $500,000 campaign challenge?
A: Just in case you have not heard the good news - a very generous donor has offered to make a $500,000 pledge to the building campaign if we, as a parish, raise another $500,000 over the course of August. Yes, that is correct. If we secure another $500,000 in pledges then the matching $500,000 will be given. That means that we will raise $1,000,000 in August because I have faith that all of our volunteer’s will step up their efforts and that all our parish families to be generous knowing that this is an opportunity to double our pledge amounts. The donor family wishes to remain anonymous so that request will be honored. Suffice it to say that the campaign just keeps getting better! We have already received well over $240,000 in August pledges or over 48% of this challenge goal, with 2 weeks remaining! So thank the Lord for blessing us in this way; and if you have not yet made a pledge, please pray about how you can help us reach this goal.

Robb Spence
Campaign Director

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