Lake Carroll News, March 2013
Page 1A
Lake Carroll News A publication of the Lake Carroll Association and its members
March 2013
What’s Inside...
www.golakecarroll.com
Vol. 41 No. 03
President’s Message By John Grotto
Winter Carnival took place on February 16th. Everyone had lots of fun. See page 7B
The Tube Tow was groomed to perfection. See photos on pages 9A & 15A BOAT SAFETY CLASS: Sat, March 16, 2013, 8am-4:30pm. Call 815-493-2552 x0 to register; $3/person. ADMIN OFFICE: Closed Wed, April 10th – Annual “Housecleaning”. No phones or walk-ins. Closed Mon, May 27 – Memorial Day 2013 BOARD MTG SCHEDULE: Mar 22, Apr 26, May 31, Jun 28, Jul 26, Aug 23, Sep 27, Oct 18, Nov 22, Dec 1 – Annual Mtg, Dec 13 (Tentative-if needed) REMINDER FOR GREENWAY DOCK USERS: Please refer to current Rules and Regulations, Chapter II LAKE REGULATIONS, Section E, Use of Greenways & Common Areas for the application procedures. Reapplication needs to be approved by the A&E Committee annually.
COMMITTEE MEMBERS
WANTED
LCA Standing Committees are looking for new members.
Sometimes it seems like every time we turn around, an issue surfaces that demands our prompt and immediate attention and decisive action, and Lake Carroll is no exception to this seemingly unrelenting rule. Two recent examples that demanded the attention of the Board and our staff immediately come to mind, one of which was touched upon by Dan McCollum in a last minute article that he wrote for the February issue of the Lake Carroll News. The first matter that Dan touched upon that was resolved just as our newspaper was going to press in February had to do with the Illinois Supreme Court’s decision to overturn an Appellate Court’s ruling which, if remained intact, would have completed decimated the ability of our Security Department to enforce our governing documents. As Dan so skillfully summarized in his article, an Appellate Court had previously overturned a Circuit Court decision and ruled that the stopping of a property owner for an infraction of an association’s rules and regulations by a member of the association’s security department (in this case, speeding) constituted false imprisonment. This, of course, gave rise to a cause of action for civil (money) damages. The second matter that came to the Board’s attention shortly after the Appellate Court made its ruling was the potential liability that the association assumed in reviewing and approving construction plans, and by conducting inspections. This issue came about when the Board asked our attorney to provide an opinion on whether or not the association, which is not a body politic, was required to impose and enforce certain state-mandated energy code and architectural seal requirements on all construction work and on the plans and specifications for that work. Without boring you with the details of this highly controversial topic, not only did our attorney render his opinion on this matter as requested, but he also strongly cautioned the Board that the association was exposing itself to significant liability by approving plans and conducting compliance inspections. One of the fiduciary duties of a Board is to take action to protect the organization and, ultimately, its members, from unnecessary and/ or excessive liability. The Lake Carroll Board of Directors takes this responsibility very seriously since any judgment rendered against the association is, in effect, against all of our property owners in the form of higher assessments, particularly if there is no insurance coverage. That is not to say that an organization should be paralyzed by fear of being sued – the potential of a law suit is always inherent in everything an organization does and in any action or inaction that is taken or voted on. However, that does not mean that one can or should proceed with impunity. When the Supreme Court’s decision was published, and when the Board found out that there was no insurance covering the acts of our A & E Committee in approving construction plans and conducting inspections (it had previously been assumed that these acts were covered under our general liability insurance, but just to make sure, the Board directed our General Manager to investigate this matter to verify coverage), the Board immediately advised our General Manager to direct our Security Department to stop detaining property owners for alleged
rules violations, and we immediately directed our A & E Committee to stop approving construction plans and conducting inspections, all pending further direction from the Board. As you can well imagine, this action was not taken lightly and without some controversy, particularly from our A & E Committee. Certainly, the Board felt that, and continues to feel that, it is vital to the overall health, safety and welfare of our community for the association to have all of the means, tools and methods legally and properly available to the association to insure that our rules and regulations are respected. Similarly, the Board strongly felt that it was, and continues to be, necessary to regulate and approve what is allowed to be built out here so the safety and welfare of our community and all of our property owners is not compromised. As you know from Dan McCollum’s article, the Supreme Court recently overturned the Appellate Court’s decision, and the work of our Security Department is now back to normal except for one important change: the red and blue flashing lights on our security vehicles have been (or will be) replaced with yellow flashing lights. As to our A & E Committee, as I write lights this on February 16th, it had just been determined that a separate policy to cover the acts of our A & E Committee in approving construction plans and our staff in conducting inspections is available and has been quoted at an additional cost of just under $2,800.00 a year. It is expected that the policy will be approved at our board meeting on February 22nd, and once that policy is in place, then the A & E Committee and our staff can get back to the vital task of not only approving plans and specifications from an aesthetic standpoint, but also the construction plans as well, and conducting inspections. -------------------We have had a lot of precipitation out here over the past few weeks which has caused the level of the lake to go up almost 12 inches in a relatively short period of time. More is expected during the week of February 18th, and it is hoped that this brutal drought has run its course and that the lake will continue to rise. I must say that I wasn’t really surprised to read that the Great Lakes recently reached a record low that was previously established in 1908, and that the Mississippi River is also at or very near historical lows. In the meantime, I want to assure everyone that the Board is acutely aware of the work that needs to be done on the lake, along with all of its appurtenant structures (like the silt ponds), and that the Board is working with, and expects to continue to work with, our Lake Committee and staff to come up with an appropriate plan, whether or not the lake ultimately reaches pool. For their part, our Lake Committee and our staff are working hand-in-hand in formulating plans to address the recent challenges that have been bestowed upon us. Interestingly enough, the Board recognized the need to address the lake at least a year ago even before the drought hit, and had already begun to take some steps to start that process by authorizing the hiring of a Lake Manager. With the talent on our Lake Committee and on our staff I am very confident that an action plan will be forthcoming in the not too distant future. -------------------You may or may not have noticed that the Association has changed the publisher of the
Lake Carroll News. The Board took this action for financial reasons which, we hope, will improve our bottom line. As I have previously stated, the Board is committed to looking at all of our operations in an effort to become more cost effective and efficient. As you know from prior communications, this has allowed the association to reduce and reallocate our operating costs in a time of declining revenues without affecting our ability to provide services. This ultimately benefits each of our property owners in the form of more stable assessments. The last few years alone from these efforts have seen approximately $200,000.00 per year in savings which has allowed to Board to hold the line on recommended annual assessment increases. As with anything, the transition period between the old and the new can be difficult sometimes. While we don’t really expect any major problems to surface, please be patient if something unexpected happens. -------------------Many of you who know me know that I am one of those persons who is able to subsist on three or four hours of sleep every night. So I usually go to sleep sometime around 9:00 or 9:30 p.m., and I am usually up sometime around or just after midnight. Many of my friends tell me that my sleep habits were formed this way because of my prior work and school schedule, and my schedule when all of our children were growing up. Whatever the reason, I like to pass the time reading or talking on my ham radio station. Using my ham radio in the middle of the night allows me to talk to faraway places on the other side of the world where it is day time, and it is always a thrill to meet new people and sample their culture over the radio waves. It’s a good thing that those that I communicate with all speak English, even if it is sometimes broken English. More often than not, when I talk to people in other countries, I am left with a true sense of appreciation for all that we have in this country and, indeed, for what we have in our Lake Carroll community. Comparing cultures and lives with those on the other side of world is truly an eye opening experience. For example, a place such as Lake Carroll is unheard of in some parts of the world, or it is expressly reserved for only those few in the highest economic class. Unless I am talking to one of the fortunate few in the higher economic class, my description of Lake Carroll and the amenities that our community has to offer leaves them in absolute awe when I describe the Lake Carroll community to them. For some people in this world, even getting a ham radio operator’s license and/or a ham radio station license, is, in many instances, difficult, if not sometimes virtually impossible (in the United States, the Federal Communications Commission issues both a ham radio operator license and a ham radio station license). So I guess you can say that comparing what we have here with what those in other parts of the world have helps me to keep things in perspective, and helps me to appreciate to a much higher degree everything that Lake Carroll has to offer. I hope you feel the same way. If not, give me a call sometime and I’ll arrange for you to come to my home in the middle of the night so I can take you on tour of the international radio waves.
STEERING, BY-LAWS, & CLUBHOUSE
WATERFRONT MARINA SLIP LOTTERY
If you are interested in applying for any of these committees, please complete the online application found on the main “Committee” webpage at www.golakecarroll.com. Return your application to webmaster@golakecarroll. com or drop off or fax (815-493-2883) it to the office Attn: Donna. Applications also available at the Admin Office.
Doors open for registration at 12:30pm. Doors closed for Lottery at 1:00pm
Saturday, March 23, 2013 ~ 1pm ~ Conference Center
This is for LCA waterfront members who cannot utilize their frontage due to low water conditions in 2013. Bring your LCA ID Card – only members in good standing can take advantage of this opportunity Cost $525. VISA or MasterCard only. Questions: Contact Julie Brantner, julieb@golakecarroll.com or 815-493-2552 ext 14.