Minutes of the Lake Summerset Association, Inc
April 20, 2011 Special Meeting of the Board of Directors

This special meeting was called to discuss a proposed quitclaim conveyance of Lot 1567 as resolution to litigation and court order. Meeting notice was made in accordance with provisions of the Illinois Common Interest Community Association Act.

Vice-President Leon Gorsch presided over the meeting and called the session to order at 7:04 pm. Directors present were John Cressman, Jane Brannon, Mark Metzler and Marty Kisser. General Manager Gary Wilke was also present.

Members signed in were: Thomas Leith, Ronald Richards, Chris Berg, Don Kuhl, Alex Artisuk, Don Morgan and Myrna Rowe.

Consideration of a Proposal to Accept a Quit Claim Deed to Lot 1567

For the benefit of member attendees and as a preamble to discussion, Manager Wilke provided a synopsis of the recent Association dealings with the member/owners of Lot 1567, starting with the fire on March 31, 2008 that destroyed the home; failure to rebuild; LSA’s legal efforts to obtain compliance; the member’s counter claims against LSA and the court order of March 22, 2011 that granted LSA’s request for sale of the property or removal of the existing foundation and restoration of the property.

Next, Vice-President Gorsch recapped the offer from legal counsel for the owner of Lot 1567, Ms. Jean Sharp, providing for acceptance of a quitclaim deed for the property in consideration of satisfaction of liens and to avoid court order compliance in removal.

After a lengthy discussion detailing the monetary encumbrances relating to Lot 1567 that disclosed by title search delinquent real estate taxes of nearly $6,400 and LSA liens of over $89,000, consisting of approximately $28,500 in legal fees, $58,500 in non-compliance fines and $2,300 in delinquent dues and fees, it was a general consensus that LSA could not recover invested costs and appropriate action was needed to eliminate this community nuisance.

Director Cressman made a motion to have LSA act to expeditiously require removal of the foundation and ordered restoration of lot 1567. Seconded by Director Brannon, the motion passed upon unanimous roll call vote.

Vice-President Gorsch next allowed audience comments and questions with informal discussion of the property and legal processes ensuing. Member Don Kuhl of lot 267 asked for the specifics of Board action in this matter; Member Thomas Leith of lot 1841 asked for clarification of lien process details and Member Alex Artisuk of lot 1920 questioned the possibility of obtaining relief from Winnebago County by reduction of delinquent taxes.

Deeming it a proper procedural step, Director Cressman made a motion to formally decline acceptance of a quitclaim deed from the owner of Lot 1567. Seconded by Director Brannon, the motion passed by unanimous roll call vote.

Director Metzler made a motion to direct the manager to move forward, as quickly as possible, lacking evidence of action by the owner, to remove the foundation, fill the excavation, grade and seed the property as directed by the court order, authorizing expenditure of up to $5,000 to accomplish the task. Seconded by Director Cressman, the motion passed by unanimous roll call vote.

Director Brannon affirmed that LSA action for compliance enforcement should include imposition of all possible sanctions against legal counsel of the owner in the event of failure to perform. Manager Wilke, accordingly, affirmed that he would consult with legal counsel to comply with this direction of the Board.

There being no further business, Director Metzler made a motion to adjourn. Properly seconded, the motion passed with adjournment at 7:48 pm.

Gary L. Wilke
Acting Secretary