Legal Update (4/21)

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Legal Update (4/21)

The following Legal article was provided by Chris Pinaire, ILPOA Legal Chair. If you have any questions regarding Legal you can email Chris at

Dear ILPOA members,

I have two updates regarding our legal activities. The first has to do with the lawsuit we filed against All-Type Fence, the gate installation company. As you are likely aware, the entry gate did not function as designed when it was initially installed. All-Type Fence did not resolve the issues with the gate upon our multiple requests, so the ILPOA Board filed this lawsuit to recover costs from our extra expenditures for security due to gate malfunction and to try to get the gate back in working condition. In the meantime, the ILPOA Board reached out to DoorKing, the manufacturer of the gate. DoorKing brought a crew to Indian Hills to repair the gate and make it operational at no expense to ILPOA. At this time, the ILPOA Board feels that it is in the best financial interest of the community to dismiss (without prejudice) the lawsuit against All-Type Fence to save the Association an estimated $6,000-$7,000 in legal fees associated with a jury trial. This decision by the Board means we have up to a year to re-file the lawsuit if we decide to pursue this legal action against All-Type Fence again.

Regarding the Brunts, O’Fallon, Wideman, and Williams vs. ILPOA case: we received the plaintiff’s Appellant’s Brief on April 22nd. This document is their appeal at the Appellant Court level after the Circuit Court of Crawford County found the original case to be in ILPOA’s favor. We have 30 days to respond to this briefing. As this progresses, we will keep you updated.