The Frankfort Park District is taking legal steps to untangle itself from the development rules of the Five Oaks homeowners association, asserting that as a public body, it “cannot be dictated by the HOA” on how a park parcel within the subdivision is developed.

The issue came to light during the park board’s June 10, 2025, meeting, where Executive Director Gina Hassett informed commissioners that a proposed settlement agreement with the HOA was not yet ready for a vote. She revealed that the district’s attorneys are actively working on a solution to a foundational conflict: the park district’s land is currently included in the HOA’s governing declaration, which could subject public park development to private association rules.

According to Hassett, the district is pursuing a path to have the Five Oaks HOA remove the park district property from its declaration entirely. A key part of the strategy is to achieve this “without paying to have it removed,” putting the onus on the association to amend its own governing documents.

The core of the dispute centers on the autonomy of a public government entity versus a private one. Park districts typically follow their own master plans, public input, and board directives when developing parks and facilities. Being bound by an HOA’s covenants could potentially restrict the types of amenities, building materials, or even the timeline for developing the park land, which is intended for public use.

During the meeting, a discussion was held among the board members and staff, but no formal action was taken as the matter remains in the hands of legal counsel. The outcome of the negotiations could have broader implications for how the park district interacts with other HOAs where public park land is situated within a private residential development.

The board expressed its support for the staff’s direction, signaling a unified front in protecting the district’s authority over its own property and ensuring that future development is guided by public interest rather than private covenants. Further updates are expected as the settlement negotiations progress.