Campton Hills subdivison to board: hands off open space
Residents of Fox Mill subdivision, the largest in Campton Hills, are speaking out against the village potentially suing the homeowners association to gain control over maintaining 275 acres of open space.
The homeowners group says it's maintained the land for two decades and doesn't want another layer of government — such as a special taxing district to maintain the land — or a costly lawsuit.
“Our biggest concern is adding another layer of government to the oversight of the property will make absolutely no difference in how it is maintained or how it looks,” Fox Mill Homeowners Association President Bill Iwanski said. “There is no benefit to the residents of Campton Hills to have the deeds changed (of who maintains the land). We maintain it impeccably. We want it to look good. We want to be safe. It's a huge asset to the community.”
The 688 homeowners in Fox Mill each pay $1,190 a year in association dues to maintain the land, which includes athletic fields, 5 miles of bike trails and six lakes.
The subdivision was built in the mid-1990s, whereas the village wasn't incorporated until 2007. The planning document under which the subdivision was developed specified that Kane County Forest Preserve should maintain the land, but it refused. The developer of Fox Mill controlled the homeowners association and maintenance until about 10 years ago when control was given to Fox Mill residents to run the association, Iwanski said.
Years ago, the association was sued by a resident who wanted the governmental maintenance clause enforced; a judge sided with the association and left the maintenance up to the homeowners group.
Residents also complained to board members this week they didn't want costly litigation; if the village sues Fox Mill, the residents there would end up paying for lawyers on both sides, they argued.
“I think we're done with frivolous litigation,” said resident Robert Skidmore, adding the village has spent millions on litigation during its nine-year history. “We'd have much better use for (money) making a bonfire than spending it on lawyers.”
Trustees are prohibited from talking about land acquisition or pending litigation. Trustees voted 5-0 April 19 to authorize Laura Andersen and Mike Tyrrell to “interview separate legal counsel at no cost to the village regarding the Fox Mill PUD (Planned Unit Development)/Open Space,” according to meeting minutes.
Iwanski and his neighbors say the arrangement is working just fine. They are worried the village will sue and try to establish a special taxing district that would oversee the homeowners association's efforts, creating more bureaucracy or unwanted oversight, and large legal bills for all residents to eventually help pay.
“It seems to us they're trying to find a lawyer to do what they want to do, even though they have two (lawyers) that don't recommend it,” Iwanski said.