Folder B (for basic documents)

Certain basic documents, in addition to those in Folders K1- K5, show
  • knowledge of those who control the gates to the lake, and any attorneys from KSM, that the Loch Lomond Property Owners Association (which was not incorporated to maintain the lake and which was given easement property subject to the easement rights of Loch Lomond property owners) is not a homeowners’ association and
  • knowledge held by them that any representations made to easement owners and the IRS that the LLPOA is a homeowners’ association are false.

2010 Summary of the law from Kovitz, Shifrin, and Nesbit (KSN) shows knowledge held by a law firm hired in the name of the LLPOA from 2010 to the present (with a senior member who wrote the summary) that unanimous consent of all property owners is required to create a homeowners’ association  That is consistent with the holding of the 1984 Lakeland opinion, which the participants in this scheme have shown to be aware.

Reg. § 1.528-1 shows that to “qualify as a homeowners association, an organization must either be a condominium management association or a residential real estate management association.” The latter “is an organization which is “commonly formed to administer and enforce covenants relating to the architecture and appearance of the real estate development as well as to perform certain maintenance duties relating to common areas.”

 1957 Map shows that the 10 lot owners who organized the LLPOA owned less than 2 % of the 566 lots in the Loch Lomond community established as three units by the McIntosh company prior to 1957

 1957 Charter shows that the LLPOA was not organized in a manner satisfying the requirements of Treas Reg 1.528-1(c)to qualify as a homeowners' association.  It was not organized to administer covenants relating to the architecture and appearance of the Loch Lomond community nor was it organized to perform any maintenance duties relating to any common property to which Loch Lomond property owners own declared perpetual easement rights running with the land.

The charter shows, contrary to the false representations of facts made in the fourth paragraph of a 2013 document circulated for a 2/3rds approval to purportedly changed the covenants for the Loch Lomond subdivisions, the LLPOA was not “incorporated under the laws of the State of Illinois to administer and enforce the covenants, conditions, restrictions, easements, charges, and liens ...”

The charter shows, contrary to the false representations of facts made in "new homeowner" letters and in preanbles to documents registered as bylawsthe LLPOA was not "organized ... to acquire and hold title to the lake and parks of the subdivision of Loch Lomond nor was the LLPOA "organized ... to maintain the lake and parks of the subdivision."

The LLPOA's  actual terms in the LLPOA's charter otherwise shows that the LLPOA was organized as a voluntary-membership association with membership eligibility limited to Loch Lomond property owners

  • for the “civic, educational, patriotic, economic, social and charitable purposes of the community known as Loch Lomond ...”[1]

The phrase Loch Lomond property owners was defined by the actions of the LLPOA officers and directors when they accepted a deed four years after the formation of the LLPOA and accepted the title to a lake while agreeing to not allow persons to use the Loch Lomond lake other than the owners and occupants of the three Loch Lomond subdivisions. The phrase is not one that can be re-defined by outsiders (or real estate agents) by merely calling themselves Loch Lomond property owners who own properties in nearby outside subdivisions and who have expressed a desire to use the Loch Lomond lake.

1961 deed  shows that the McIntosh company conveyed a lake (or large fishing pond) to the LLPOA subject to

  1. the recorded declarations of restrictions and easements, plus
  2. other conditions including an agreement to not allow persons to use the lake “other than the owners and occupants of the lots ... described in the declarations ... recorded as Documents 822721, 903401, and 874973” [2]

 1954 Declarations (aka covenants) for Loch Lomond unit # 1 (#822721) shows that

  1.  the covenants do not require any property owners to be members of any association or pay money to any association,
  2. they expressly created “perpetual” easement rights running with the land in favor of all lot owners,
  3. they expressly required all property owners to refrain from depositing any foreign matter into the lake, and
  4. they expressly provide that (i) neither the lake owner nor the assignee lot owners have any obligation to maintain the condition of the parks (ii) nor do they have any obligation to maintain the lake in any “size, depth, or condition”

1956 Declarations (aka covenants) for Loch Lomond unit #2 with similar provisions (#903401)

1955 Declarations (aka covenants) for Loch Lomond unit #3 with similar provisions (#874973)

[1] The LLPOA was not organized for the purpose of authorizing anyone to represent that the LLPOA was a homeowner’s association for five or more subdivisions, three of which were developed by the McIntosh company and which were given shared easement rights to use the Loch Lomond Lake to the exclusion of outside adjacent subdivisions.

It was not organized for anyone

  1. to extend lake usage to lot owners in outside adjacent subdivisions as prohibited by the LLPOA's deed,
  2. to hold mock elections with such persons contrary to the LLPOA's charter,
  3. to misrepresent that the LLPOA received a conditional deed with a condition established by the McIntosh company which requires the LLPOA to “maintain” the lake in any manner, including collecting money to finance the deposit of plant-killing chemicals into the lake,
  4. to divide the Loch Lomond community between easement owners who own lake-front properties and those who don't while (a) using  some collected money to finance the physical obstruction of nonpaying easement owners without water-front properties from accessing the lake and (b) knowingly cause confusion and delay through fraudulent misrepresentations (plus knowingly threaten to fraudulently cause confusionand delay) when nonpaying easement owners seek to sell their properties in violation of 720 ILCS 5/47-5(14), and
  5. to knowingly file false tax returns while misrepresenting that the money was collected for a homeowners’ association.

 [2] The person who typed the deed (the scrivener) recognized in the 1961 deed that the McIntosh company had given itself authority to convey the lake to any association organized for the purpose of holding title to it.  The erroneous statement in the deed that the LLPOA had been organized to receive the title did not does not establish that the LLPOA was organized to maintain the lake. The fact that the misstatement is due to a scrivener's error is shown by other documents. The covenants which expressly negate any maintenance obligation, which the LLPOA accepted when receiving the deed, show that the LLPOA did not intend to do so. In addition, LLPOA's Annual Reports for years prior to 1980 (years prior to when this fraud began), show that the bona fide LLPOA officers and directors never claimed to be operating the LLPOA for the purpose of maintaining the lake.