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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 18367
Experience:  B.A.; M.B.A.; J.D.
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In Illinois, can an individual sue an association (that was

Customer Question

In Illinois, can an individual sue an association (that was once incorporated, filed with the Secretary of State, etc.) that was involuntarily dissolved by the Secretary of State? Can that individual sue after over 2 years have expired since the involuntary dissolution?

The association is slandering my private property via forged, restrictive covenants recorded at the county Recorder of Deeds Office. The attorney's name is XXXXX XXXXX it. The "Declarants" names have been forged on it, too, as well as their PINs and addresses. It stakes claim to a private lake saying the restrictive covenants are "binding" against the forged "Declarants" and their private properties. The association's latest President has in Meeting Minutes admitted his association has committed fraud. He has also written letters to the County Recorder of Deeds Office. Also the attorney whose name has been forged on it has in writing admitted the document is falsified and has called for a "cease and desist" of the Declaration. Owners of the lake have also called for a cease and desist. That goes ignored, however.

Remedy?
Submitted: 3 years ago.
Category: Legal
Expert:  Phillips Esq. replied 3 years ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.


Could you clarify what you mean by expiration of the involuntary dissolution?


Has the Association been reinstated by the Secretary of State's Office?
Customer: replied 3 years ago.
The Sec of State of Illinois dissolved the association in Mar 2011 because the registered agent (one who has also facilitated the fraud) did not file any report with the State. I did not know this until 2012. At that time I took action by taking the issue to my State Legislator. She had multiple times contacted the Attorney General but got nowhere. No response. She then set up a meeting with the FBI where I was interviewed in late 2012 by the FBI. No real response. The last Pres in April 2012 wrote the Recorder of Deeds at the County telling her the recorded document was falsified and grissly frauldulent, providing an attirney's opinion along side. Again no action taken by the public official. This Sep I had an appraiser assess my property and the restrictions recorded about it. In writing he wrote my lake property has been devalued because of the restrictions.

However to my knowledge now, the registered agent never reinstated since the Assc was dissolved in Mar 2012
Expert:  Phillips Esq. replied 3 years ago.

Thank you for the information.


Unfortunately, you cannot sue an Association that is no longer in existence. However you can sue individuals in their individual capacity who are purportedly acting for an Association that no longer exists.

Customer: replied 3 years ago.

Your response of "Unfortunately, you cannot sue an Association that is no longer in existence." is not sufficient. I am not at all satisfied with your response.


1. You have not provided any case or statutory law to substantiate your opinion.


 


2. It is in direct conflict with IL state statute 805 ILCS 150/ 112.30 regarding dissolution of General Non For Profit Corporations, where Section 112.30 "Effect of dissolution" clearly states:


 


"(c) Dissolution of a corporation does not:
.....
(3) Prevent suit by or against the corporation in its corporate name;"


 


 

Expert:  Phillips Esq. replied 3 years ago.
I will opt out to give other Professionals the opportunity to further assist you.
Customer: replied 3 years ago.

quick correction of my 2nd to last email......


However to my knowledge now, the registered agent never reinstated since the Assc was dissolved in Mar 2011.


 


Not Mar 2012. Mar 2011 was when the Sec of State dissolved the quasi association, but dissolved it simply because the Reg. Agent apparently never filed any paperwork.

Customer: replied 3 years ago.


If this issue entails in your opinion too much investigation, etc., please let me know and do not charge me for anything.


 


Thanks.

Expert:  Phillips Esq. replied 3 years ago.

If this issue entails in your opinion too much investigation, etc., please let me know and do not charge me for anything.



Response
: Yes, it would. Your account has not been charged.


Thank you!

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