News & Insights
Ken Michaels Authors Illinois Institute of Continuing Legal Education July Flashpoints, “Association Failed To Overcome Presumption of Undue Influence in §15 Sale of Condominium Property.”
In this article Ken discusses a recent Illinois Appellate Court decision to reverse the entry of summary judgment for a condominium association’s sale of units pursuant to section 15 of the Condominium Property Act where the board president failed to rebut the presumption of undue influence.
On interlocutory appeal, the Second District of the Illinois Appellate Court recently reversed entry of summary judgment for the condominium association on certain questions presented in sale of the units pursuant to §15 of the Illinois Condominium Property Act, 765 ILCS 605/1, et seq. Boulder Hill Condominium Ass’n v. Cope, 2024 IL App (2d) 230425-U. Instructively, the case shows that when the bidding purchaser of the whole condominium building under §15 of the Act was a company owned by the spouse of a director, who also happened to be the representative of a different company that owned most of the units in the association, there may be a presumption of unfair dealing in breach of the board member’s and association’s fiduciary duties owed to the unit owners.
On interlocutory appeal, the Second District of the Illinois Appellate Court recently reversed entry of summary judgment for the condominium association on certain questions presented in sale of the units pursuant to §15 of the Illinois Condominium Property Act, 765 ILCS 605/1, et seq. Boulder Hill Condominium Ass’n v. Cope, 2024 IL App (2d) 230425-U. Instructively, the case shows that when the bidding purchaser of the whole condominium building under §15 of the Act was a company owned by the spouse of a director, who also happened to be the representative of a different company that owned most of the units in the association, there may be a presumption of unfair dealing in breach of the board member’s and association’s fiduciary duties owed to the unit owners.