SSA Questions & Answers

SSA Rumor # 3: Imposing a $ 5.9 million dollar SSA without having a vote is unfair.  It should be decided by a referendum.

SSA Fact # 3: The subdivision delegate / director voting process, and the procedures built into the SSA process, provide the fairest means of representation for all involved.

Representation by the MPOA & Purpose of the Organization

The MPOA is a property owners association.  This is a corporation, not a government body, so one person; one vote does not apply here.  As with any corporation, any vote would have to be weighted by the amount stock (lots) each person owns, and be limited to only those who own property, no matter where they live.   As discussed below, this has already been taken care of by our directors' vote.

The organization is governed by a combination Constitution / By-Laws that clearly state the purpose of the MPOA in:

ARTICLE II, PURPOSE, Section 1, To conduct and promote the Wonder Lake Recreation Area for the improvement of civic and social welfare and to control and maintain the lake bottom and other community property pertinent thereof, and do any and all acts necessary to further said objects.

As stated in the covenants to each deeded subdivision parcel, every owner of a deeded parcel is a member of their subdivision “by representation”.  In accordance with the MPOA By-Laws, there is one subdivision representative for each 100 platted parcels in each subdivision.  This representational form of government mirrors the “population based” composition of the Illinois House of Representatives, as well as the U.S. House of Representatives.

These subdivision representatives are called Delegates, and in accordance with the MPOA By-Laws, they meet once a year to approve an annual MPOA budget, elect the MPOA Officers, and consider any suggested MPOA By-Law changes. 

Each subdivision also selects one of their Delegates to serve as a Director on the MPOA Board of Directors.  Each subdivision Director can cast a weighted number of votes, based upon one vote for each 100 lots (or part thereof) in their subdivision.  As an example, a Director representing a subdivision with 125 platted lots has 2 votes.  There are currently a maximum of 68 Director votes present at each MPOA meeting.

From a representational standpoint, the MPOA By-Laws provide for one vote for each 100 subdivision property owners.   This is a very high level of representative for any type of organization.

By comparison:

• There is one elected Village of Wonder Lake representative for every 472 residents living within the boundary of the Village of Wonder Lake.
• With 24 elected County Board members representing a population of 312,373 McHenry County residents, each County Board member represents roughly 13,000 residents.

Despite having much lower rates of representation, the Village and the County rarely, if ever, rely on voter referendums before voting on budgets, taxes, or other issues that they were elected to deal with.

By statutory law, only registered voters are allowed to cast a ballot in a referendum.  The proposed SSA consists of properties within the jurisdiction of McHenry County (roughly 55%) and properties within the jurisdiction of the Village of Wonder Lake (roughly 45%). 

Even if a referendum were used to determine support for the Lake Restoration plan, it would require that all registered voters residing in the Village of Wonder Lake, and in all of unincorporated McHenry County, be eligible to vote.

A referendum approach would not allow the numerous absentee property owners within the SSA boundary to have a voice.  Those property owners who do not have their permanent residence in Wonder Lake would not be eligible to vote in a local referendum.  These are the property owners, who by virtue of owning second homes or vacant parcels within the SSA boundary, are still paying property taxes, but are not putting children into the school system, or otherwise consuming services their property taxes are paying for.  Fairness would dictate that these absentee landowners have a voice in any type of referendum.

It is for these reasons that the SSA process contains the most equitable means of allowing those opposed to the creation of an SSA to have a voice.  If a properly executed petition opposing the creation of an SSA is submitted and certified, the SSA fails, and cannot be pursued for another two years.  In order for this opposing petition to succeed, it must be signed by 51% of the registered voters within the SSA, and 51% of the landowners within the SSA.  This procedure allows registered voters, non-registered voters, and absentee landowners an opportunity to have a voice in the process.