Fellow Members:

We have information we would like to share regarding case number 19CF-CC00003. In the case of Indian Hills Civic Association and plaintiffs Brunts, O’Fallon, Wideman, and Williams vs. Indian Lake Property Owners Association (defendant), the judgement on Count II Declaratory Judgement was as follows: 

1. Annual Assessments declared under the BUR may only be amended by 2/3 of the property owners in writing and are the only assessments in which a lien upon real estate is applicable.
2. The bridge design and construction assessments through our by-laws were passed in accordance with our by-laws  and were legal and within the powers of the board of directors. 
3. Boat registration fees and fines provisions are not considered assessments and therefore valid under the rules and regulations of the ILPOA. 
4. Interest provisions are not considered an assessment and therefore legal and within the powers of the ILPOA.

For Count III Injunctive Relief, Judgement was declared in favor of the Defendant, ILPOA.

Please do not hesitate to reach out to me or another board member directly should you have any further questions.

I am hopeful and optimistic that we can all move forward, together as ONE community. 

Love the Lake,

Chris Pinaire (cpinaire@ilpoa.org)

ILPOA Legal Chair