The Neighborly way -

Below is my response to the request for opinions – this was sent to the BOD via email, posting on the yahoo site and via certified US mail.

Since I have been asked by others to share my opinion I am posting it here for your consideration.

PLEASE NOTE THE INFORMATION REGARDING HOW THIS SITUATION WAS HANDLED PREVIOUSLY IN ONE IDENTICAL SITUATION WHICH OCCURRED IN KENDALL COUNTY.

It is also noteworthy that in the previous incident in Kendall County, the developer assumed the entire financial burden to rectify the situation.


January 12, 2009

Board of Directors
Estates of Millbrook Homeowners Association
P.O. Box 101
Millbrook, Illinois 60536

RE: Membership Status in HOA

To the Board of Directors;

This is in response to your request for opinions I received last week.

The information you have provided in your January 4, 2009 letter is incomplete at best. It is a shame that this association’s BOD insists on hiding information from the membership and misrepresenting the opinions of individuals referenced in your letter. For openers, your application of the concept of a “Scribner’s error is incorrect and is not the position of all of the individuals referenced in your letter – a gross misrepresentation of the truth.

These are the facts:

1. Based on the documentation currently on file, no person living in Unit 3 or 4 of the subdivision is currently a member of the HOA by virtue of the fact that the CCR’s were never recorded against their property.

2.The BOD has no information or documentation that proves otherwise.

3. Any attempt to record the CCR’s of the Estates of Millbrook HOA against any property in Units 3 and 4 in the subdivision without the prior consent of the property owner would constitute a cloud of title on the part of the HOA should the owner of record choose to pursue legal action.

4. Everyone owning lots in Units 3 and 4 of this subdivision share the exact same status and should be so informed.

Your approach to settling this matter defies logic. You have been less than forthcoming with information and refused to respond to individual inquires about this matter but you expect total, unquestioned support and have implied legal action will be taken against anyone who doesn’t capitulate to your position.

If you had contacted the individual owners of the lots in question and requested they voluntarily sign documentation which acknowledged their understanding of the situation along with an authorization to subject their property to the CCR’s, I believe you would have enjoyed great success.

As I stated many times over the last two months, this is not the first time this exact situation has occurred in Kendall County. In the other subdivision, their BOD did exactly what I stated above and over 97% of the lots owners in that subdivision willingly agreed to have their property included in the HOA.

The membership at large should also know that when that association’s BOD filed suit against one of the two individuals who refused to allow their property to be included in the HOA the presiding Judge threw the case out of court.

Sincerely,

A.D Robinson