Homeowners Assn Orders sick, elderly woman to demolish her foundation

Lake Summerset v. Sharp

A full description of the case will be posted separately.

attached is a synopsis of my case.

Yesterday, a Rockford Circuit Court Judge, Judge Prochaska, dismissed my Counter Defendant's claim under the ADA (ruled that a major homeowner's association was NOT functioning like a "mini government" -- though it was, it provided water, sewer, roads--a large gated community. So he dismissed Defendant's ADA claim with prejudice.

the FFHAA and the Illinois Human Rights Act did not apply because the court did not understand how the relief sought--decking over the property and preserving it until it could be rebuilt would "ameliorate her condition"--a necessary element. so Judge Prochaska dismissed these claims, with prejudice.

Defendant's home burned down in April 2008. She tried unsuccessfully to hire contractors to rebuild, but for a variety of reasons the deals fell thru. Plaintiff spent $12,000 repairing the foundation to the home and purchased logs for $50,000 to rebuild her home. The homeowners association rules said she had to rebuild in 3 months. Plaintiff HOA--Lake Summerset Homeowners Association sued to demo the foundation to the home because it had not been rebuilt in 3 months. Defendant, an 80 year old bed ridden woman with bone/blood cancer (multiple myeloma) and in need of chemo therapy to keep it in remission was undergoing chemotherapy that required treatments twice a week for two weeks and then one week off and this would likely continue for 3 to 5 cycles (3 to 5 months). She had a doctor's statement that she was not to under go any stress during that time period.

Mr. Michael Scheurich of Guyer and Enichen and Mr. Eric Lewis of Williams, McCarthy argued for Lake Summerset that the foundation should be demolished or she must rebuild--an option that was not advised by her doctor.

Accordingly, the court entered an Order (will send along later today) that Defendant Sharp must demo her foundation. Defendant Sharp is an 80 year old, bed and wheel chair ridden woman with multiple myeloma. The HOA's position is that she cannot simply deck over her property or provide a proper structure upon it to preserve it until she is well enough to complete construction, but she must completely demolish and remove the foundation and fill in the lot with dirt.