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MichaelH2 (Illinois)
Posts: 2
Posted:
I am looking at a cost effective HOA start up solution to provide unified representation to communicate with local government. We live in a small (apx 30 homes) subdivision in unincorporated Lake County , Illinois. All homes are currently septic/municipal (village of Wauconda) water. We are abutting two other subdivisions with separate HOAs. There is a Superfund site less than a mile away and the EPA forced the Personal responsible Parties (of the pollution that caused vinyl chloride contamination of our aquifer) with the help of the County and Village of Wauconda through a Intergovernmental agreement to provide us municipal water supply at no cost, supposedly. We are currently paying 125% of the operational cost of the water system. Along the way our township roads were damaged, clear cutting of ROWs occurred, without promised restoration, and generally everyone is upset and wants a unified voice saying don't take advantage of us. My family was threatened, by the Highway Commissioner with a personal injury lawsuit, for a dirt pile on the ROW during permitted construction of a barn on my property. Also the Township board has taken some aggressive action to squelch residence complaints, such as raising our assessed property values (land) 112% this year in only our subdivision, and passing a 10% tax levy although they had a 9% budget surplus from last year. The township is also currently seeking a contract for municipal refuse pick up and other services. While the other two subdivisions are represented by their respective boards we have no unified voice. It goes on and on....

Apathy runs thick here - cost and time consumption is paramount, but we must protect the way of life that made us buy into an unincorporated area- low taxes, minimal governmental involvement and freedom to do as we wish (legally) on our properties. We are open to any suggestions.....

Can an HOA be initiated at no cost?

Is there legal aide/representation available at little or no cost?

Does anyone know the process to begin an HOA- kitchen table style.

Is there example of a HOA charter, declaration, or start up documents available?

What rights do we have over roads and ROW in our subdivision. Can we make the subdivision a private
community?

Can existing Township roads be made private roads, publicly maintained?

THANK YOU IN ADVANCE FOR ANY HELP YOU CAN PROVIDE!!!!!
RogerB (Colorado)
Posts: 5,067
Posted:
Michael, here are your questions followed by my answers.

Can an HOA be initiated at no cost? Not a Covenant controlled HOA. But you could start a social HOA within your community which could present a unified voice.

Is there legal aide/representation available at little or no cost? Probably not.

Does anyone know the process to begin an HOA- kitchen table style. You can start what I call a "social" HOA by calling a meeting at the table.
It would have no legal standing.

Is there example of a HOA charter, declaration, or start up documents available? Yes, but do you have the expertise to consider a boiler plate approach? If not, I wouldn't consider trying.

What rights do we have over roads and ROW in our subdivision. If roads and ROW are public you have no rights regarding them.

Can we make the subdivision a private community? Probably not.

Can existing Township roads be made private roads, publicly maintained? NO, private roads are not publicly maintained.
MichaelH2 (Illinois)
Posts: 2
Posted:
Thank you for your comments. Can you point me toward the example charter, HOA declaration and what ever documents I would have to file with the county to be recognized as a HOA. I would like to do as much work as possible, then contact a local attorney to complete the work. I have about 95% of the residences on board with the "social but binding" HOA and would like to strike while the iron is hot. Mike
RogerB (Colorado)
Posts: 5,067
Posted:
Michael, you can view controlling documents for an HOA in Colorado at CypressGreensHOA.com.

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