Folders K1

Additional documents showing proof of knowledge (in Folders K1 - K5)
Knowledge can be proved in a number of ways. At a minimum, those who claim to act on behalf of an incorporated association which owns real property, such as a lake, are bound by the terms of the corporation's charter and the terms of the corporation's deed which are found in Folder B. They are also bound by the language in bona fide documents created by the corporation before any alleged fraud occurred, such as the pre-1981 Annual Reports filed with the Illinois Secretary of State.

Knowledge can also be proved by the effort expended to create and record false documents contrary to what is commonly known by honest people. No adult of normal intelligence, for example, can believe that they can transfer property rights to themselves by merely signing and recording a document, as was done with a fraudulent 1981 document. No real estate agent or other adult of normal intelligence can believe that they can solicit signatures to a false document and purportedly transfer property rights to the signing parties when neither they nor the signing parties held a property interest in the property, as was done with the fraudulent 1981 document.

When a person disagrees with a court opinion which holds, inter alia, that a mere ownership of an easement right does not obligate the easement owner to pay money to the owner of the easement property, no adult of normal intelligence can believe that they can nullify a court opinion by recording a document in conflict with the court's holding while giving a retroactive effective date to the recorded document to pre-date the court opinion. This is exactly what was done in 1986 when one person recorded a document as a bogus bylaw with false 1983 effective date to purportedly nullify the 1984 Lakeland decision to their actions. No attorney of at least normal intelligence, such as those from the KSM law firm, can disregard what a senior member of the firm has expressly known about the unanimous consent requirement for creating a homeowners' association, which is consistent with the Lakeland holding, and believe that a homeowners' association can be created with a 2/3rds majority vote.

Knowledge can also be proved, even in the absence of taking action to record particular documents, by the creation and distribution of false documents. Documents, such as "new homeowner" letters aka "welcome" letters, are false and known to be false when they are created with representations of facts which are contrary to the terms of a corporation's deed and the terms of its charter.

Particular knowledge that a corporation that owns easement property is not a homeowners' association can be shown the fact that persons claiming to be corporate officers repeatedly threatened to file liens against nonpaying easement owners over a number of years, and even sometimes misrepresented in their mailed newsletters that they did so or were in the process of doing so, but never filed even a single lien against any nonpaying Loch Lomond property owner. Bona fide creditors who claim that "several hundred thousand dollars" or other high amounts are owed to them do not refrain from using the legal system established for collecting debts for over two decades. The particular knowledge held by those who have held themselves out as LLPOA officers and directors can be shown by the fact that consistently refrained from filing liens year after year but threatened to do so. Their knowledge that they cannot foreclose on houses owned by nonpaying easement owners can be shown by the fact that they hired an attorney to draft proposed bylaws which, with the purported approval of a percentage of Loch Lomond property owners and others who are not Loch Lomond property owners, allowing them to file liens and foreclose on such properties.

The particular knowledge held by persons who have held themselves out as LLPOA officers and directors can be shown with the LLPOA's charter and deed plus the documents in the following folders. The particular knowledge held by persons that they hired in the name of the LLPOA can be shown by the documents that they received and their subsequent actions. In addition, the identities of those who expressly acknowledged knowing, on page 2 of the 1980 document, can be found from the signatures on that document. Some of the signing partie are real estate agents and/or persons who subsequently held themselves out as LLPOA officers and directors when the false representations were made that the LLPOA was organized or formed to maintain the lake.

Annual Reports for the decades before the fraud began (in Folder K1)
LLPOA's Annual Reports for approximately the first two decades of the LLPOA's existence show actual and/or constructive knowledge of those who thereafter claimed to be LLPOA "officers" and "directors" that

the LLPOA only owned the Loch Lomond lake in a passive manner for approximately the first two decades of the LLPOA's existence without anyone claiming that the LLPOA was "maintaining the lake", and
no one ever claimed on behalf of the LLPOA for approximately the first two decades that they were operating a homeowners’ association.

Fraudulent 1981 documents and post-1981 Annual Reports (in Folder K2)
show that the participants in the scheme knowingly engaged in mock elections. The elections were mock elections in that

they were held with persons who were (a) ineligible to use the lake by a deed restriction in the LLPOA's deed and (b) ineligible to participate the elections by a limitation in the LLPOA's charter;
they were held with persons who intended to unlawfully interfere with the corporation’s property right and obligation to easement owners in the LLPOA's deed to exclude lot owners in outside subdivisions from using the lake; and
they were held with an intent to defraud the easement owners, including those who paid money to belong to the LLPOA and to whom a fiduciary duty was owed by the LLPOA.

Retroactive 1983 bylaws recorded in conflict with the 1984 Lakeland decision (in Folder K3)

show

those involved in this scheme are and have been aware of the 1984 Lakeland decision,
they took steps to purportedly nullify the 1984 Lakeland holding to their actions, and
they knew, by purportedly taking steps to change the relationship between the Loch Lomond easement owners and the owner of the easement property, that the LLPOA is not a mandatory-membership homeowners' association.

"New homeowner" letters & web pages written with misrepresentations (in Folder K4)
show

efforts were made. through an expenditure of time and energy, to fraudulently mislead others by persons who had knowledge that the LLPOA is not a homeowners’ association
such documents contain misrepresentations of facts directly contrary to the LLPOA's charter, and
such documents contain misrepresentations of facts directly contrary to the LLPOA's deed and the covenants which are incorporated by the deed.

Excerpts from available newsletters (in Folder K5)
show

the ongoing mail fraud with (a) the participants’ false representations that the covenants require the lake to be maintained and (b) the participants’ threats that property values would be depressed if money is not collected to “maintain” the lake;
the participants’ long-term noncompliance with Art V, Sec 2 in the bylaws which requires that money transfers be accounted for in the minutes with specificity. Beginning in 1996, the participants adopted a practice of distributing the newsletters as “minutes;”
the participants’ knowledge, as reported by them, that only a percentage of Loch Lomond property owners have paid money to them; and
the participants often threatened to file liens against nonpaying Loch Lomond property owners and sometimes falsely claimed that they were in the process of doing so.