News & Insights
Ken Michaels Authors December Flashpoint for the Illinois Institute of Continuing Legal Education
Unit owners have no action for trespass or eviction against an association which bars access for a year to make necessary repairs. Unit owners of a parking garage condominium in Chicago who were forced to vacate their parking units for about a year and suffered a $3.25 million special assessment were unsuccessful in reversing the trial court’s dismissal of their trespass and eviction claims against the association and its directors. Barbarotta v. Goldman, 2023 IL App (1st) 221468-U. Dismissal of the unit owners trespass claims was affirmed because no allegations were made in the complaint that the repair work on the garage was unnecessary. The Condominium Property Act and association’s declaration and bylaws all permitted the association to enter the garage for necessary repairs and such was a valid defense to trespass claims. Dismissal of the unit owners’ eviction claims was also affirmed because the work was completed while the case was on appeal.