People should get what they pay for. Did you?

For those of us who own property in any one of the three Loch Lomond subdivisions, we share a common interest in that we want to preserve our property values. Please note when deciding who to believe, my assertions are documented and I don’t want your money.

If any real estate agent convinced you to buy a house and represented to you that you would be a member of a "homeowners' association" for "the" Loch Lomond subdivision, you didn't get what you paid for.

If those who control the gates convinced you to pay money to them to belong to a “homeowners’ association” in “the” Loch Lomond subdivision, you likewise didn’t get what you paid for.

The IRS is now informed that some people have obtained money while falsely claiming that the LLPOA is a homeowners’ association. Certain persons have left paper trails and documentary evidence showing that they collected money by fraud and criminal intimidation while falsely attributing the income to the corporate owner of the Loch Lomond lake, the LLPOA. Ever since the time of Al Capone, people have known that when they receive income from criminal activities, they are required to report that income and pay the federal income tax on it. Because there is no statute of limitations on federal tax fraud, the IRS can take as much time as they want or need to investigate this. For those people who unhappy with the revelations of crimes and criminal activities, they should be unhappy with those who engaged in the criminal activities and left paper trails.

The LLPOA is a voluntary-membership association and not a homeowners' association as repeatedly falsely claimed by those who collect money while pretending to believe that it is. For an incorporated association to be a homeowners’ association, it must meet the requirements of Treas Reg. § 1.528-1(c) and 805 ILCS § 105/102.10(a)(7). Anyone who looks at the 1957 charter can see that it doesn’t meet either. The purpose(s) for which a corporation is organized is determined by its charter. Anyone can look at one or more of the various documents recorded as LLPOA bylaws and one or more of the various "new homeowner" letters can see that those engaged in the scheme have repeatedly falsely claimed that the LLPOA was organized to maintain the lake. It's not true.

With respect to the Treas Reg. § 1.528-1(c) requirement, the terms of the LLPOA's charter, its deed to the lake, and the incorporated covenants for the three Loch Lomond subdivisions show that the LLPOA was not organized 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.” With respect to the 805 ILCS § 105/102.10(a)(7) requirement, anyone can look at the charter and see that no one ever included such language while requesting the power to operate the LLPOA as a homeowners' association. They didn't do that because that was not a purpose for which the LLPOA was organized.

In the 1950’s, the McIntosh company subdivided its McIntosh Acreage into three Loch Lomond subdivisions. It did not create a homeowners’ association. In its covenants, it expressly created perpetual easement rights for all of its lots while expressly negating any obligation to maintain the lake.

Because no one has since obtained the unanimous consent of all lot owners for each or any of the three subdivisions to change the covenants and create a mandatory-membership “homeowners’ association,” no one else created a homeowners’ association. (See the unanimous consent requirement of Lakeland Property Owners Ass'n v. Larson, 459 N.E.2d 1164, (Ill.App. 2 Dist. 1984) and which is described by a senior member of the law firm hired in the name of the LLPOA in a professional publication written for attorneys (and the chapter of which had been published on the web site of the law firm hired in the name of the LLPOA.)

In 1957, the LLPOA was organized as a voluntary-membership association. Membership eligibility was limited to Loch Lomond property owners. The McIntosh company did not create the Seminary View, Peramores, or Hickory Hills subdivisions. Property owners in those subdivisions are not Loch Lomond property owners per the charter and the deed. None are our overseers.

If anyone convinced you that all Loch Lomond property owners are obligated to pay money to those who control the gates, you didn’t get what you paid for.

Those who collected money have admitted knowing that the LLPOA is not a homeowners’ association with the power to legitimately file liens, both by their conduct of not filing liens plus an express admission.

Because 20% of all easement owners own lake-front properties, they are not required to pay money to anyone to access the lake.
In addition, approximately 25% of us who do not own lake-front properties do not pay money to anyone.

Have you been fooled into paying money? Beginning in 1991, I was tricked into paying for 18 years ($4,600). Since 2008 when I looked at the actual documents, I have not been.

If you were convinced to pay money to those who control the gates for them to “maintain” the lake, you didn’t get what you paid for.

If you have a young child who got sick from swimming in the lake because you were convinced to believe that it was safe, and even safe enough for children to get water in their mouths while learning to swim, you didn’t get what you paid for. Some adults are more aware of the history of the lake than others. Some have invited parents to let their young children learn to swim in water that they would not drink or otherwise get into their mouths.

The McIntosh covenants expressly prohibit putting “any foreign matter whatsoever” into the lake. A 1980 document signed to extend the covenants makes the prohibition more clear and expressly prohibits putting any “chemicals” into the lake.

There are documents showing knowledge by some that the lake has contained various plant-killing chemicals plus at least one type of parasite.

Causing harm to the lake and the Loch Lomond community is not “maintaining the lake.” Such harm includes

acting contrary to the terms of the deed and allowing outside property owners to access the lake and dilute the shared exclusive easement rights of Loch Lomond property owners,
acting contrary to the LLPOA’s charter and holding mock elections in the name of the LLPOA with persons who are not Loch Lomond property owners,
acting contrary to the deed and obstructing 80% of easement owners from accessing the lake unless they pay money to those who control the gates, and
acting contrary to the covenants created by the McIntosh company by putting copper sulfate and/or other plant-killing chemicals into the lake.

The gate-keepers, by putting prohibited chemicals into the lake after 1981 when this fraud began, have managed to kill water plants which produce oxygen and act as food for fish while reducing algae. They have knowingly collected millions by fraud while acting contrary to the covenants and the Lakeland decision. In support of that fraud, they have managed to hired landscapers who have used fertilizer to keep the grass green. When the water plants have benefited from the fertilizer run-off from whatever source, including run-off from lake-front lawns and upstream run-off, the participants have then killed the needed water plants (and damaged the lake). They have done so with chemicals which the McIntosh company prohibited and which those who signed the 1980 document agreed to not put into the lake. Copper sulfate can have a negative effect on lakes and ponds by causing more algae and algae blooms.

Water plants are needed to produce oxygen and help reduce algae. But those who have been involved in this scheme have put so many plant-killing chemicals into the lake that the lake, a shallow pond, won't even support lily pads.

In 2014, they acknowledged knowing "There are almost no plants in the lake anymore because of the treatments." Those who have been fraudulently involved in this neighborhood empire building scheme have been so successful that they have contributed to causing more algae and more algae blooms. If they had not been able to collect money by fraud and criminal intimidation, they would not have been able to damage the lake with chemicals, including copper sulfate treatments.

If you were convinced to pay money based upon implicit representations that those who control the gates would hold legitimate elections and operate the LLPOA as a bona fide corporation, you didn’t get what you paid for.

Those who control the gates and demand money from us claim to have the authority to act under the deed to the lake, the covenants incorporated in the deed, and the LLPOA’s corporate charter. Yet, they disregard the plain language in the documents. In 1961, before this fraud and small shake-down activity began, the LLPOA received the deed to the lake expressly subject to our easements, the covenants, and a promise to not allow the lake to be used by outsiders other than guests. Please see the deed and related documents

The LLPOA’s charter does not require membership but limits membership eligibility to Loch Lomond property owners. It requires annual elections. It also limits annual voter eligibility to bona fide members who choose to pay annual dues prior to the election. Those who control the gates not only disregard the charter limitations, they also disregard the LLPOA’s bylaws (Art IX, Sec. 2) which incorporates Robert’s Rules. Eg, when no quorum is available for an election, Robert’s Rules requires the normal business of a corporation to be suspended until a valid election is held with sufficient members.

Those who have demanded money from us have implicitly claimed that they could nullify the 1984 Lakeland holding by adopting retroactive 1983 bylaws in conflict with it. Now they implicitly claim that they can nullify the Lakeland holding with a 2/3rds vote (including ineligible votes from outsiders plus ineligible proxy votes more than 11 months old).