Referenced Documents

(Note: lengthy pdf files take longer to load and some patience may be required.  Note, too, this page is under construction and more links will be added.)

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 Agreement showing an acknowledgement of no lake-maintenance obligation means that none of the signing parties 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 granted perpetual easement rights and expressly negated any obligation of any of its assigns (including the lake owner from maintaining  the lake in any size, depth, or condition.

The 1980 Agreement is obviously a false one because those who drafted it purported to grant easement rights to lot owners in the three McIntosh subdivisions which already received perpetual easement rights.  The document is also an obviously false one because it misrepresents that all three McIntosh subdivisions were created in 1954.  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 several 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 defining 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 when 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, 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 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 Rules § 40 (revised 2000) which "cannot be waived even by unanimous consent."

2013 Excerpts from minutes/newsletters

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, and property owners in the 3 Loch Lomond subdivisions.

2013 Fraudulent proposed modification of CC&Rs for the three McIntosh subdivisions plus up to three additional subdivisions which, among other things, falsely represents the terms of the LLPOA’s charter and 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)

Oct 2013 Admission that the document prepared by the KSN law firm for recording was circulated for approval without the Exhibit A.  The missing Exhibit A was (a) falsely referred to in paragraph 2 of the KSN document as being “attached hereto,” and (b) falsely represented as being a description of a “subdivision” while document ultimately recorded in 2015 was accompanied by an Exhibit A which expressly describes six subdivisions.  In addition, the 2013 document shows that 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 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.

2014 Excerpts
from minutes/newsletters

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

2014 and earlier Annual Reports, when compared with the other available documents, showing some of those who participated in the fraudulent scheme that began in 1981 while holding themselves out as LLPOA officials

January 2, 2015 letter to CPA Cannizzo for the 2014 activities that he performed for those claiming to the LLPOA "officers" and "directors."  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.  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, misrepresents

(a) the terms of the LLPOA’s charter (paragraph 4),

(b) 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), 

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

(d) that the LLPOA and those who purportedly own the LLPOA 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

(e) that four documents (a false 1980 document 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 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.