Certain persons are using the identity of a property-owning nonprofit corporation to engage in fraud and benefit themselves. The corporation's own documents, including its Annual Reports filed prior to 1983, show that it is not a mandatory-membership association with members who are obligated to belong and pay money to those who collect it. A 1961 deed given to the Loch Lomond Property Owners Association shows that the LLPOA received the Loch Lomond lake from the McIntosh company subject to the easement rights of property owners in 3 separate Loch Lomond subdivisions and an agreement to not allow persons to use the lake other than the lot owners and the occupants of their lots. The declarations for the 3 separate subdivisions referred to within the deed were recorded in 1954, 1955, and 1956 . Each expressly provide that none of the McIntosh assigns, including the lake owner, are required to maintain the entrance-way parks nor maintain the lake in any size, depth, or condition. The LLPOA's 1957 charter shows that it was incorporated with membership eligibility limited to Loch Lomond property owners "to promote" certain activities for “the community known as Loch Lomond.”
Those engaged in a scheme have caused harm to the lot owners of more than 600 lots in 6 subdivisions. Without having the legitimate authority to act in the name of the LLPOA, they (1) held mock elections with ineligible outside lot owners while intending to act contrary to the LLPOA’s deed and charter and/or (2) otherwise held themselves out as deriving their authority from such persons. Then, while pretending to be operating a mandatory-membership association for a single subdivision, they (a) created and used a series of fraudulent documents, (b) extended lake usage and participation in additional mock elections to ineligible outside lot owners, (c) obstructed easement access, and (d) successfully collected more than $3.5 million through fraud and extortion. On Oct 22, 2015, the organization recorded a fraudulent document. Among other things, it misrepresents the terms of the LLPOA's charter (paragraph 4) to give the false impression that the LLPOA was incorporated as a mandatory-membership association (which they designate as a homeowners' association) to compel easement owners to pay so-called dues to them. At the time of the recording, but not earlier when the document was circulated for approval, they also attached an "Exhibit 'A'" to describe lots in 6 separate subdivisions to give the false impression that the six subdivisions referred to as one subdivision in the body of the document have been re-subdivided by them into becoming the single subdivision so that the lot owners are under the control of their pretend homeowners' association for "a" subdivision.
Documents showing (1) the identities of the leaders in a long-term scheme to collect money by misrepresenting that the LLPOA is a homeowners' association for "the" Loch Lomond subdivision plus (2) the amounts collected by fraud. Because the EPA stepped in too late to stop the copper sulfate damage, a lake-dredging fix is now estimated to be $10 million or so.
Documents showing knowledge held by persons claiming to be LLPOA "officers" and "directors" that they made false representations that the LLPOA is a mandatory-membership homeowners' association. They also show knowledge that one activity, the killing of oxygen-producing water plants, upon which fish rely and which help reduce algae, has been damaging the lake for years.
Documents showing that the Loch Lomond Property Owners Association was incorporated in 1957 as a voluntary-membership association to promote certain nonprofit activities. They show it was not incorporated as a "homeowners' association," nor incorporated to purportedly maintain a lake, nor collect mandatory dues from easement owners in 3 subdivisions contrary to the covenants.