As many of 60+ comments posted on the Sun-Sentinel article indicate, these sorts of schemes often result when homeowners are denied access to records...
We are attempting to remedy this sort of (HOA corporate document inspection) problem in downstate Illinois.
Our former State's Attorney, (Paul L. Mangieri) filed four criminal complaints (**see below) against one rural Illinois Property Owners Association (Oak Run Property Owners Association, Dahinda, Illinois).
Still pending is a "civil" case, (filed by the Oak Run POA against one member, in 1998) to determine whether it is reasonable for a Board of Directors to deny a members statutory and/or contractual rights of inspection of association records, including the list of members -- (if the request for inspection is not duplicated onto a "specific" request form*, available only through the Association office).
[The "Document Control Policy," created by Association Counsel, REQUIRES that ANY request for a list of the members MUST be forwarded to legal counsel.]
A counterclaim is also pending.
**The State's Attorney determined the refusal to provide the membership for inspection and copying to be a violation of Illinois Statutes (805 ILCS 107.75).
The verdicts in the four criminal cases?
Unfortunately, the two Judges who heard the criminal cases found the "corporation" NOT GUILTY...
Notably, the first Judge, Harry C. Bulkeley, formerly represented the Oak Run POA Inc. (as their legal counsel.)
The second Judge, Steven Mathers (and multiple family members), formerly owned property which was sold to the initial developers (a subsidiary of International Paper Company) -- in order to create the Oak Run community in the early 70's.
While, the Oak Run POA Inc., and its attorney (who created the "request form") are members of CAI* (Community Associations Institute), when association law experts were asked publicly to comment on the conduct of Oak Run Counsel (Attorney John W. Robertson, Galesburg, Illinois) they termed the above conduct as "legal malpractice."
Until CAI and the legal profession starts better policing its members, and our legislators act to demand accountability and increase consumer protection, the number of problem communities will continue to be on the rise -- across the entire nation -- as the myriad of locations of the Sun-Sentinel postings indicate.
Every common interest community may be just one election (or perhaps, one rogue attorney) away from serious problems in their association.
In fact, those type of 4 million dollar "schemes" could be going on anywhere -- and quite possibly have been for decades...
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As many of 60+ comments posted on the Sun-Sentinel article indicate, these sorts of schemes often result when homeowners are denied access to records...
We are attempting to remedy this sort of (HOA corporate document inspection) problem in downstate Illinois.
Our former State's Attorney, (Paul L. Mangieri) filed four criminal complaints (**see below) against one rural Illinois Property Owners Association (Oak Run Property Owners Association, Dahinda, Illinois).
Still pending is a "civil" case, (filed by the Oak Run POA against one member, in 1998) to determine whether it is reasonable for a Board of Directors to deny a members statutory and/or contractual rights of inspection of association records, including the list of members -- (if the request for inspection is not duplicated onto a "specific" request form*, available only through the Association office).
[The "Document Control Policy," created by Association Counsel, REQUIRES that ANY request for a list of the members MUST be forwarded to legal counsel.]
A counterclaim is also pending.
**The State's Attorney determined the refusal to provide the membership for inspection and copying to be a violation of Illinois Statutes (805 ILCS 107.75).
The verdicts in the four criminal cases?
Unfortunately, the two Judges who heard the criminal cases found the "corporation" NOT GUILTY...
Notably, the first Judge, Harry C. Bulkeley, formerly represented the Oak Run POA Inc. (as their legal counsel.)
The second Judge, Steven Mathers (and multiple family members), formerly owned property which was sold to the initial developers (a subsidiary of International Paper Company) -- in order to create the Oak Run community in the early 70's.
While, the Oak Run POA Inc., and its attorney (who created the "request form") are members of CAI* (Community Associations Institute), when association law experts were asked publicly to comment on the conduct of Oak Run Counsel (Attorney John W. Robertson, Galesburg, Illinois) they termed the above conduct as "legal malpractice."
Until CAI and the legal profession starts better policing its members, and our legislators act to demand accountability and increase consumer protection, the number of problem communities will continue to be on the rise -- across the entire nation -- as the myriad of locations of the Sun-Sentinel postings indicate.
Every common interest community may be just one election (or perhaps, one rogue attorney) away from serious problems in their association.
In fact, those type of 4 million dollar "schemes" could be going on anywhere -- and quite possibly have been for decades...
Let the buyer beware?
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