Referenced Documents

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1954 Declarations (aka covenants or CC&Rs) for first McIntosh subdivision

1955 Declarations for Loch Lomond Unit #3 subdivision

1956 Declarations for Loch Lomond Unit #2 subdivision

1957 Charter of the LLPOA

1957 Map for the Loch Lomond community with three Loch Lomond subdivisions

1961 Deed to the LLPOA subject to (1) easement rights, (2) the covenants for each of the three Loch Lomond subdivisions, and (3) and agreement to not allow outside persons to use the lake on a regular basis

1963 to 1970 Annual Reports

1971 to 1980 Annual Reports

1980 - 2020 Agreement shows the signing parties sought to extend the prohibition in the McIntosh covenants from the 1950’s against allowing or putting any foreign matter whatsoever into the lake by expressly prohibiting allowing or putting chemicals into the lake from 1980 through 2020. The foolish use of copper sulfate in a shallow body of water designated as lake, so that a small organization that controls the entrance-way gates and pretend to be operating a mandatory-membership property-owners association known as a "homeowners' association," can create a "dead lake" with high levels of algae and harmful chemicals which can be virtually useless for fish, birds, animals, and humans for fishing and swimming.

Each of the three McIntosh covenants from the 1950’s provide that none of the McIntosh assigns are obligated to maintain the lake in any size, depth, or condition. That, with the prohibition against allowing or putting any foreign matter whatsoever into the lake shows that the owner of the McIntosh company appreciated natural beauty and wanted to keep the Loch Lomond lake in its natural condition.

But, prior to the signing of the 1980 agreement, some lot owners near the shoreline were putting plant-killing chemicals into the lake. The 1980 response from a great number of easement owners was an agreement to be effective from 1980 through 2020 by which hundreds of lot owners expressly agreed more specifically to not allow or put chemicals into the lake. That agreement, by its own terms, was to continue to be effective until the year 2020. The response from a number of people who either hate water plants in their natural state or wanted to defraud incoming home buyers into believing that they were obligated to pay money to those who control the gates to the lake, claimed to be LLPOA officials, misrepresented the terms of the LLPOA's governing documents, and collected money to put the prohibited copper sulfate and other chemicals into the lake.

Although the McIntosh company already expressly granted “perpetual” easements in the 1950’s which did not and would not expire in 1980 or at any other time, so that the signing parties were not required to purportedly grant themselves easement rights, the person who drafted the 1980 agreement tracked some of the language of the McIntosh covenants from the 1950’s by which the signing parties acknowledged knowing that nothing in the instrument “shall be deemed or construed to impose upon the Loch Lomond Property Owners Association, or its successors or assigns, ... any duty to maintain said Lake in its present, or any other, size, depth or condition;” That is the exact opposite of the false post-1980 representations made to incoming home buyers in “welcome” letters when persons holding themselves out as LLPOA officials solicited money from them.

By its expressed terms, none of the signing believed that there was an obligation to maintain the lake contrary to the three McIntosh covenants recorded in the 1954, 1955, and 1956. The McIntosh covenants expressly expressly negated any obligation of any of its assigns (including the lake owner) from maintaining the lake in any size, depth, or condition. Some of the signing parties of the 1980 agreement would thereafter defraud incoming home buyers into paying money to them by falsely claiming to be LLPOA officials and falsely representing that they needed to collect money to maintain the lake in accordance with an agreement with the McIntosh company so that the McIntosh company would not reclaim the shallow lake, drain it, and build more houses on the former lake-bed. Those who engaged in such fraud cannot produce the so-called agreement with the McIntosh company to "maintain" the lake because none exists. In addition, the McIntosh company closed down its business in 1985 and has not been in existence while those engaging in their frauds made their fictitious third-party threats.

The document erroneously misrepresents that all three McIntosh subdivisions were created in 1954 whereas only the first McIntosh subdivision was created at that time. In addition, it appears that hundreds of signatures were falsely notarized by real estate agents with a January 1, 1980 date to apparently meet a January 1, 1980 deadline. Also, a great many signatures are not accompanied by any addresses within the three subdivisions so that it can be verified whether the signing parties were even property owners in the three Loch Lomond subdivisions.

Although the 1980 document is false in those respects, it is noteworthy because contrary to the false representations of the gate-keepers and those they hired to compel easement owners to pay money to them, (a) the 1980 document did not re-subdivided the three McIntosh subdivisions into becoming one subdivision, (b) no lot owners in outside subdivisions (including the falsely name "Peramores Fourth Addition to Loch Lomond") signed the document, and (c) there is no language within the document which purportedly compels easement owners to be members of the LLPOA.

1980 Treas Reg 1.528-1 (a) and (c) defining the term homeowners’ association

1981 Fraudulent agreement signed on July 14, 1981 exclusively by outside lot owners who had no property interest in the property that they purportedly conveyed to themselves. The document was not signed collectively by all easement owners who had been granted perpetual easement rights by the McIntosh company and who shared exclusive easement rights as third-party beneficiaries of the 1961 agreement memorialized in the deed from the McIntosh company to the LLPOA. The fraudulent document was not signed by the LLPOA official who signed the 1981 Annual Report on July 14, 1981 nor by any other LLPOA officials.

1981 Annual report signed on July 14, 1981 with absence of “homeowners’ association" claim

1984 Lakeland opinion

1986 Fraudulent document recorded as bylaw in conflict with the 1984 Lakeland decision with retroactive 1983 effective date

1989 Sample “new homeowner’s” letter with misrepresentations and threats

1990 Excerpts from newsletters

1991 Excerpts from newsletters

1992 Excerpts from newsletters

1993 Excerpts from newsletters

1993 Document falsely recorded as bylaws

1994 Excerpts from newsletters

1996 Excerpts from minutes/newsletters

1997 Excerpts from minutes/newsletters

2000 Roberts' Rules of Order Newly Revised (revised 2000) § 40

2001 Document falsely recorded as bylaws

2007 Sample false demand for money and threat to file lien

2007 Excerpts from minutes/newsletters

2008 Excerpts from minutes/newsletters

2008 Admissions from page 4 of the Nov 2008 newsletter that those claiming to be LLPOA officers and directors were informed by an attorney hired in the name of the LLPOA that neither they nor the LLPOA can mail collection letters and file liens against nonpaying easement owners.

2009 Excerpts from minutes/newsletters

2009 Sample false demand letter and threat to interfere with easement rights

2009 Sample certified collection letter from wife of 1981 president

2009 Flyer from Kovacs re availability to explain legal aspects

2009 Flyer from Kovacs misrepresenting property for sale as subject to “annual home owners assessemt” (sic)

2009 Flyer from Kovacs reminding property owners to attend election meeting at their Century 21 bldg

2010 Summary of the law from Kovitz, Shifrin, and Nesbit (revising 2007 handbook)

2010 Sample false demand for money and threat to interfere with easement rights

2010 Excerpts from minutes/newsletters

2010 Admission from page 4 of the June 2010 newsletter that all attorneys hired in the name of the LLPOA have implicitly informed those claiming to be LLPOA officials that the LLPOA is not a homeowners’ association

2010 Demand for proof of debtor-creditor relationship mailed to LLPOA “president”

2010 Kovacs' flyer misrepresenting Braemar properties as being in Loch Lomond subdivision

2010 Document falsely recorded as bylaws

2010 Sample false collection letter from wife of 1981 president

2010 Sample “new homeowner’s” letter with misrepresentations and threats

2011 Web page with misrepresentations and threats

2011 Sample “new homeowner’s” letter with misrepresentations and threats

2011 Excerpts from minutes/newsletters

Dec 12, 2011 letter to Allan Kalman demanding a discontinuance of the mailing of false billing notices for a nonexistent homeowners' association. (Note: the letter was mailed at a time after those involved in the scheme distributed false maps and other documents which falsely referred to multiple subdivisions as being one subdivision and the author of that letter had not discovered that the multiple subdivisions had never been re-subdivided with Village approval into becoming one subdivision. Based upon the misrepresentations made to the author, the letter erroneously refers to the multiple subdivisions as one subdivision.)

2012 Excerpts from minutes/newsletters

Oct 2012 Admission that no annual election meeting was held for 2013 and the gate-keepers had no intention of complying with the LLPOA bylaws and the incorporated Robert's Rule § 40 by suspending the normal business conducted in the name of the LLPOA until an election meeting could be held in accordance with the LLPOA's charter and Article IX, Section 2 of the bylaws approved on November 15, 2011 that incorporated Robert's Rule § 40 (revised 2000) which "cannot be waived even by unanimous consent."

2013 Fraudulent proposed modification of CC&Rs for a "subdivision" which, among other things, falsely represents the terms of the LLPOA’s charter. It fraudulently misrepresents that the LLPOA “is a Not-for-Profit Corporation, incorporated under the laws of the State of Illinois to administer and enforce the covenants, conditions, restrictions, easements, charges, and liens ...” (4th paragraph) If the charter had such terms and other conditions existed, the representations that the LLPOA is a mandatory-membership property owners association known as a HOA or "homeowners' association" could otherwise be true.

June 26, 2013 letter to Attorney Nesbit and his Kovitz Shifrin Nesbit law firm showing what he and his KSN law firm have known since 2013 regarding certain documented fraudulent activities and the unlawful transfers or group embezzlements of funds out of LLPOA accounts.

Sept 30, 2013 letter to Mayor Lentz which, among other things, requested that he take action to protect the private nature of the lake, the LLPOA which is a fraud victim, as are the property owners in the 3 separate Loch Lomond subdivisions. It shows what he and the Village of Mundelein have known since receiving that letter.

Oct 2013 Admission that the document prepared by the KSN law firm for circulation and approval prior to recording was circulated without an "Exhibit A" which was falsely represented as being attached. The missing Exhibit A was (a) falsely referred to in paragraph 2 of the KSN-prepared document as being “attached hereto,” and (b) falsely represented as being a description of a “subdivision.” The KSN-prepared document was circulated to defraud unsuspecting Loch Lomond property owners in 2013, 2014, and until October 2015 into believing that some of them would be approving a document that would be recorded with the Lake County Recorder of Deeds. Instead, the KSN law firm prepared and recorded a different document with substantially different terms which was falsely represented as being the same as the circulated document. The second false document was actually accompanied by an Exhibit A. In contrast to the first document, it expressly describes six subdivisions. In addition, the 2013 newsletter with the admission of an absence of an "Exhibit A," it shows that the absence of Exhibit A from the circulated document was falsely described as being normal or conventional. Based upon the absence of the one-page Exhibit A which describes six subdivisions, it is clear that the first document prepared by the KSN law firm and circulated in 2013, 2013, and 2015 (for multiple re-counts) is not the same as the KSN-prepared document that was recorded on 10/22/2015 but was part of a bait-and-switch scheme.

2014 Excerpts from minutes/newsletters

2014 Print-out showing no liens have ever been filed against nonpaying property owners

2014 Annual Report and earlier Annual Reports going back to 1980, which show the identities of those who held themselves out as LLPOA officials after either holding mock elections with ineligible outsiders or merely declaring themselves as LLPOA officials without holding charter-required annual elections while intending to act contrary to the terms of (a) the LLPOA's 1957 charter, (b) its 1961 deed, (c) the pre-1957 covenants for the three separate Loch Lomond subdivisions which were never re-subdivided into becoming one "Loch Lomond subdivision, and (d) the 1980 - 2020 agreement to not put any chemicals into the shallow Loch Lomond lake. The Annual Reports collectively show that the scheme to extend lake usage to ineligible lot owners in outside adjacent subdivisions, and allow such persons to even fraudulently hold themselves out as LLPOA officials and demand money from easement owners without being Loch Lomond property owners, began in 1981.

January 2, 2015 letter to CPA Cannizzo for the 2014 activities that he performed for those claiming to the LLPOA "officers" and "directors." It informed him of facts that he should already know: An organization of real estate agents and others cannot create a homeowners’ association by (a) holding mock elections in the name of a corporate owner of easement property with outside lot owners to defeat the corporation’s property rights under its charter and its deed to the easement property and (b) by taking physical control of two access points to a lake and declaring that, for years after 1983, all easement owners are obligated to be members of the incorporated association for whom they purportedly collect money. No organization like this can nullify the 1984 holding in Lakeland Property Owners Ass'n v. Larson, 121 Ill.App.3d 805, 459 N.E.2d 1164, (Ill.App. 2 Dist. 1984) by purportedly adopting and recording a retroactive 1983 bylaw in conflict that that holding.

2015 Flyer with a sample false map, similar to other false maps distributed since the 1980's, which misrepresents that five subdivisions constitute one subdivision while misrepresenting that the boundaries of the five subdivisions constitute "the" “Loch Lomond Subdivision’s” boundaries.

2015 Fraudulently recorded document which is an altered false document and different from the one circulated for approval in 2013, 2014, and 2015 until 10/22/2015. It is a false document for several reasons. One is that, unlike the document circulated for approval, it is actually accompanied by an Exhibit A to describe multiple subdivisions. Under a deed restriction agreed to by the actual LLPOA officials in 1961, the LLPOA agreed to limit lake usage to the owners and occupants in the three identified subdivisions created by the McIntosh company. In contrast to the falsely recorded document without authority, the document circulated for approval referred exclusively to the term "subdivision" in the singular and only falsely represented in paragraph 2 that it was accompanied by an attached Exhibit A to describe the to-be affected properties.

In addition, the document is a fraudulent one which, at a minimum,

(a) misrepresents an alleged belief (contrary to the holding in Lakeland Property Owners Ass'n v. Larson, 121 Ill.App.3d 805, 459 N.E.2d 1164, (Ill.App. 2 Dist. 1984) and their failures to file any of their post-2015 threatened lawsuits against nonpaying easement owners) that the persons involved in this scheme can (i) transfer property rights to lot owners in outside subdivisions contrary to a deed restriction in the LLPOA's 1961 deed and (ii) revoke vested easement rights with an alleged 2/3rds vote of other easement owners and strangers in three outside subdivisions;

(b) misrepresents in an attached Exhibit B that "2/3rds of the owners" approved of the document whereas (i) only those involved in the scheme saw and approved of the attached Exhibit A and (ii) the document was approved and signed by only two persons who were acting as adversaries of the nonconsenting easement owners;

(d) misrepresents that 6 separate subdivisions have somehow been re-subdivided into becoming one subdivision (see the multiple references to a single "Subdivision" in Article V and elsewhere), but without satisfying the requirements of the Mundelein Code when multiple subdivisions are re-subdivided into becoming one subdivision;

(e) misrepresents that there are “owners” of the LLPOA, a nonprofit corporation (par 2);

(f) misrepresents that the LLPOA and those who purportedly own the LLPOA also own all of the lots in the 6 subdivisions (par 2), including the lots owned by property owners who did not consent to the proposed changes in the document plus other intended fraud victims; and

(g) misrepresents that four documents (a 1980 document with backdated January 1, 1980 signatures recorded in November 1980, plus the 1954, 1955, and 1956 covenants for three and only three of the six subdivisions identified in the Exhibit A attached to the altered document) constitute the “Original Declaration” (Art I, (l)).

2016 Postcards #1 through 14 that were mailed to the Mayor and other Village officials which, among other things, establishes the knowledge of Village officials and that they have an unwritten policy of providing immunity to favored persons who created and distributed false documents in a scheme to (1) collect money in the false name of the LLPOA, (2) transfer money held in bank accounts held in the name of the LLPOA without chartered authority to use it contrary to the LLPOA's 1957 charter and 1961 deed, and (3 ) fraudulently use the LLPOA's property to create an air of exclusivity behind locked gates and teenage gate guards for themselves and those will will pay them money which is not required by the covenants for their subdivisions.

The Mayor's first 2016 we-won't-enforce-the-law letter. It serves as a model for others that he subsequently wrote.