Not HOA by appellate court decision

Our community governance ended up in court charged with discrimination and fraud. They were convicted in circuit court and appealed. The problem is, they gave testimony regarding membership, use of communal facilities and others that did not match the CC&Rs. NOTE: We have 2 sets of CC&Rs, one put in place by the subdivider, and a second put in place by the governance without following the amendment procedure contained in the first. The original covenants have not been enforced since the second set was put in place 35 years ago(without property owner consent as required in the original CC&Rs.) Both sets of CC&Rs are still restrictions on all of the deeds. They actually got the second set in by the back door and just hoped that nobody would notice that the first set is still there. Anyway, the CC&Rs contain wording and facts that are diametrically opposed. Something required in one is forbidden in the other.END NOTE Essentially, they gave false testimony in court to avoid conviction, and it didn't work. Testimony that was not supported by either set of CC&Rs. They were convicted anyhow and appealed, the decision was overturned along with appellate court rulings that stated they were not operating under the rule of private clubs and association (HOA-POA), but a club with optional membership operating under the rule of restrictive covenants, whose function was to operate and maintain the communal facilities. They have pulled enough stuff on me that I did considerable research to find out what the rules actually were. I uncovered a rats nest as you can see. At an annual meeting they passed a motion that the membership would indemnify the board of directors if they were involved in a lawsuit which is still a by-law. We all paid our share. Now I find out I paid for them to lie under oath. I'm not happy!!! I have opted not to join the club for the past four years because I don't want to be a party to what they pulled nor pay for what they may pull in the future. At a monthly board meeting they made membership mandatory (again) after I sent them copies of the court ruling saying it was optional. My question: Does anybody know an experienced common interest community attorney in Illinois that will take a unit owners side? I have been on disability for the past 15 years and don't have the money or stamina to fool with them any more and I can't afford to move. So far I have been unable to find anybody. Lawyers seem to only want the side with all the bank accounts. Thanks!

Arthur,

I would suggest that you seek out an attorney versed in contract law (as your deed restrictions are considered a contract between you and your neighbors).

Hi Arthur:

You might check your local area or state for a Property Right Coalition group. They will potentially be able to recommend an attorney versed in Contracts / Real Estate / Eminent Domain type law. As Tim noted the documents are contracts and they involve real estate, so that would be just an idea to check.

ADDENDUM FROM ORIGINAL POSTER: I agree with the Marx bros. quote. I realize that I am suing myself , well sort of, since they are not an HOA representing the property owners, I am suing the members. I have not been a member for four years. No they don't have D&O insurance (not sure right now, sometimes they do and sometimes they don't, only the board knows for sure, the last time they were sued, they did not have, I know none of them are bonded as required by state law,) That is why the membership is indemnifying the board and I am not a member. I have copies of all of the CC&Rs, one says membership is required prior to purchase of property (that is the legal, original set that I came in under, 33 years ago) and one says membership is not required but is entitlement for use of the common elements (that is the fraudulent set) and then there is testimony given in circuit court (resulting in Appellate ruling) that says "membership is optional and not related to use of the facilities." So will the real rules "please stand up", for those of you old enough to remember What's My Line. The problem is that during a house building project, they cost me over $150K just by fooling with me, that is when I went looking for the real rules and discovered the mess. D&O insurance covers errors and omissions, but not illegal acts, and that is what we are talking about here, so even if they had D&O insurance, they could deny coverage on that basis. BTW, state's attorney won't do anything, several of us have tried that route. They do own over 20 million in property though, but if I get a lawyer on contingency, then I might be stuck partnering with him/her on the property (UGH!). They routinely violate environmental laws and many others, the patrolman has carried a gun without benefit of law enforcement training or authority, he was just a property owner turned goon. Illinois is not a concealed carry state (the only one left.) I will look into contract lawyers, but when you mention common interest community, disability, and show them the evidence, they run (not walk) the other way. I am under treatment by VA mental health facility and much of my problems (aside from my disability) is caused by the stress of dealing with these guys for the past 10 years. Has anybody done a pro se case against a common interest community and had any success. That kind of scares me because although I know I am right, I will be treading on foreign turf so to speak. I have tried to find a legal coach that would help, but no luck there either. I have to do something as I have to appear in a couple of weeks. Maybe I can get a continuance and keep trying to find some help or go to law school in the time allotted. I also think that what I am saying seems so outlandish that it could not possibly be true and lawyers just figure I am blowing smoke. Sadly, it is true and sooner or later, somebody with the money to do so will really put the hurt on the whole community, me included (if we lose the communal property, you won't be able to give these homes away)! Thanks for your suggestions, I am out of ideas. I'll keep looking and asking, hopefully something will shake loose.