Practice Areas

The First District affirmed dismissal of a case brought by the administrator of an estate of a drowned four-year-old boy against ten defendants including condominium and homeowners’ associations, management companies, and developers. Purevdori v. Mission Hills Condominium T-2 Ass’n, 2024 IL App (1st) 231693.

This month’s article reviews a Seventh Circuit affirmation of dismissal of constitutional claims against a Chicago short-term leasing ordinance without ever getting to the constitutional aspects of the claims. The Seventh Circuit observed in Mogan v. City of Chicago, 115 F.4th 841 (7th Cir. 2024) that the plaintiff unit owner misquoted the underlying prohibition against leasing throughout the proceedings and, on that basis, held that the plaintiff had knowledge that short-term leasing was prohibited before he purchased the unit.

The discussion below focuses on a condominium association where the owners are at odds with each other, but also where no one monitored the fact that the condominium declaration violated updated provisions of the Condominium Property Act. The unit owners are left at the end of the case with an entirely unmanageable piece of property.

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 this article Ken discusses a recent Illinois Appellate Court decision to reverse the entry of summary judgment for a condominium association’s section 15 sale of units.

The Third District of the Illinois Appellate Court recently affirmed entry of summary judgment in favor of a condominium association and against a unit owner who, acting without board approval, broke through the ceiling of her unit and raised the ceiling a little over two feet. Claymoor Condominium Ass’n v. Majewska, 2024 IL App (3d) 230171-U.

In this article Ken discusses how bankruptcy debtors could still retain possession of units after eviction orders entered in state court.

In this article Ken discusses the Illinois Appellate Court decision regarding the First District upholding a permanent injunction against unit owners who do not maintain architectural continuity.
 

In this article Ken discusses how the Illinois Supreme Court revivifies how courts look at insurance policy issues.

In this article Ken discusses how unit owners of a parking garage condominium have no action for trespass or eviction against an association which bars access for a year to make necessary repairs.