News & Insights
Ken Michaels Authors Illinois Institute of Continuing Legal Education August Flashpoints, “Condo Board’s Lawsuit Against Developer Constitutes Prior Pending Action.”
In Majerle v. Winona, 1302 LLC, 2024 IL App (1st) 231339-U, when a condominium board of directors sued a developer and others for construction defects on a newly constructed six-unit condominium building and a unit owner then brought his own action against the same defendants, the appellate court affirmed dismissal of the unit owner’s later-filed lawsuit.
In May 2020, the board of a newly constructed six-unit condominium building sued the developer and others for construction defects. In June 2022, one of the unit owners sued the same defendants for essentially the same claims. 2024 IL App (1st) 231339-U at ¶2. The defendants moved to dismiss the unit owner’s action pursuant to §§2-619(a)(3) and 2-619(a)(9) of the Code of Civil Procedure. The trial court dismissed the lawsuit as a “prior pending action,” and the appellate court affirmed. 2024 IL App (1st) 231339-U at ¶2.
After the defendants filed a motion to dismiss pursuant to §2-619(a)(3), the court granted the defendants’ motion to consolidate the two actions, and the plaintiff’s motion for substitution of judge as a matter of right was granted. 2024 IL App (1st) 231339-U at ¶9. The trial court then dismissed the unit owner’s lawsuit pursuant §2-619(a)(3) because the plaintiff’s “interest[s] are represented by the board’s lawsuit and defending against the [plaintiff’]’s action would cause multiplicity and vexation.” 2024 IL App (1st) 231339-U at ¶10. In denying the plaintiff’s motion for reconsideration, the trial court rejected the plaintiff’s arguments that under the ruling a unit owner with standing could never bring his or her own action if the association filed first and the court’s ruling would not create a race to the courthouse in condominium cases. 2024 IL App (1st) 231339-U at ¶11.
For further analysis please visit: https://www.iicle.com/blog/category/condominium-law-7
In May 2020, the board of a newly constructed six-unit condominium building sued the developer and others for construction defects. In June 2022, one of the unit owners sued the same defendants for essentially the same claims. 2024 IL App (1st) 231339-U at ¶2. The defendants moved to dismiss the unit owner’s action pursuant to §§2-619(a)(3) and 2-619(a)(9) of the Code of Civil Procedure. The trial court dismissed the lawsuit as a “prior pending action,” and the appellate court affirmed. 2024 IL App (1st) 231339-U at ¶2.
After the defendants filed a motion to dismiss pursuant to §2-619(a)(3), the court granted the defendants’ motion to consolidate the two actions, and the plaintiff’s motion for substitution of judge as a matter of right was granted. 2024 IL App (1st) 231339-U at ¶9. The trial court then dismissed the unit owner’s lawsuit pursuant §2-619(a)(3) because the plaintiff’s “interest[s] are represented by the board’s lawsuit and defending against the [plaintiff’]’s action would cause multiplicity and vexation.” 2024 IL App (1st) 231339-U at ¶10. In denying the plaintiff’s motion for reconsideration, the trial court rejected the plaintiff’s arguments that under the ruling a unit owner with standing could never bring his or her own action if the association filed first and the court’s ruling would not create a race to the courthouse in condominium cases. 2024 IL App (1st) 231339-U at ¶11.
For further analysis please visit: https://www.iicle.com/blog/