Timeline

Voluntary-Membership Association

The LLPOA is a voluntary-membership association with membership eligibility limited to lot owners in the three subdivisions created by the McIntosh company.  It is not a homeowners' association as repeatedly falsely claimed by those who collect money while pretending to believe that it is.  The charter of an incorporated association determines the purpose(s) for which it was organized.  The LLPOA was incorporated as a voluntary-membership association, with membership eligibility limited to property owners in the three Loch Lomond subdivisions developed by the McIntosh company.  The charter shows that it was organized for the promotion of the "the civic, education, patriotic, economic, social and charitable purposes of the community known as Loch Lomond to bring together the members of said community to the end that the strength of their common efforts and unity will result in the greater benefit to all.”

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.  Anyone can look at one or more of the various documents recorded as LLPOA bylaws and the distributed 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 develop one subdivision and it did not create a homeowners’ association for any of the three that it did develop.  In its covenants, it expressly created perpetual easement rights for all of its lots while expressly negating any obligation to maintain the lake.

No one has since complied with the Mundelein ordinances (cf Village ordinance 19.04.060) and re-subdivided the McIntosh subdivisions with two outside subdivisions into one subdivision which the participants in the fraud call "the " Loch Lomond subdivision.  In addition, because no one has since obtained the unanimous consent of all lot owners for any of the three subdivisions to change the covenants and create a mandatory-membership “homeowners’ association,” no one else created a homeowners’ association for any of the subdivisions.  (See the unanimous consent requirement of Lakeland Property Owners Ass'n v. Larson, 459 N.E.2d 1164, (Ill.App. 2 Dist. 1984).  The unanimous consent requirement is also 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 with membership eligibility limited to Loch Lomond property owners in the three subdivisions created by the McIntosh company.  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 LLPOA's charter and the deed.