News & Insights

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 its June Flashpoints Author Spotlight, IICLE recognized and thanked Ken Michaels for his significant contributions to the legal profession.  Ken is a regular contributor to Flashpoints covering all things condominium law, as well as a contributing author to both CONDOMINIUM LAW: DAILY OPERATION CHALLENGES (2024) and CONDOMINIUM LAW: GOVERNANCE, AUTHORITY, AND CONTROLLING DOCUMENTS (2024). 

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.

Published Works:

• Chapter 6: Liability Problems, Condominium Law: Daily Operational Challenges (IICLE, 2024).
• Chapter 7: Distressed Condominium Developments, Condominium Law: Daily Operational Challenges (IICLE 2024).
• Chapter 8: Conversion of Existing Structures, Condominium Law: Governance, Authority, and Controlling Documents (IICLE 2024).
• Chapter 9: Representing the Condominium Association, Condominium Law: Daily Operational Challenges (IICLE 2024).
• Breaches of Fiduciary Duty and Exculpatory Clauses in Illinois Condominium Declarations, 55 UIC Law Review 289 (2022).
• Illinois Institute of Continuing Legal Education, Condominium Law, Chapter 15, Association and Owner Liability, 2009, 2012 (supplement), and 2016; and Chapter 6, Condominium Conversions of Existing Structures, 2016.
• Internet Privacy Protection: Complying with COPPA, 14 Chicago Bar Record 56 (April 2000).
• A Primer on Robert’s Rules of Order, 11 Chicago Bar Record 47, (September 1997).
• Trubow, George, Privacy Law and Practice 1988 (assisted editor in preparation and prepared annual updates thereafter).
• False Light Privacy Actions: Constitutional Constraints and Standards of Proof of Fault (Co-Authored with George B. Trubow), 20 John Marshall Law Review 854, 1987.
• Privacy Rights in Cordless Telephone Conversations, Privacy Rights in Education Records, and the Good Faith Exception to the Exclusionary Rule (Co-Authored with George B. Trubow and Ralph Ruebner), 18 John Marshall Law Review 1017, 1985.
• Liability of a Business Computer User for Improper Disclosure of a Customer’s Personal Financial Information (Co-Authored with George B. Trubow and Ralph Ruebner), 17 John Marshall Law Review 991, 1984.
• Bellona v. Exurb Media Corp.: Bench Memorandum (Co-Authored with Karen Kochanowski), 16 John Marshall Law Review 165, 1982.

Monthly Articles:

Authored monthly legal articles on developments of condominium and homeowner association law for the Illinois Institute of Continuing Legal Education Flashpoints, 2016 to present.
 

• Court Holds That Failure to Notify Unit Owner of Meeting Nullified Contract to Sell Condominium Property, September 2024
• Condo Board’s Lawsuit Against Developer Constitutes Prior Pending Action, August 2024
• Association Failed To Overcome Presumption of Undue Influence in §15 Sale of Condominium Property,  July 2024.
• Appellate Court Affirms Unit Owner’s Liability for Usurping Common Elements, June 2024.
• How Bankruptcy Debtors Could Still Retain Possession of Units After Eviction Orders Entered in State Court, May 2024.
• First District Upholds Permanent Injunction Against Unit Owners Who Do Not Maintain Architectural Continuity, Feb. 2024.
• Illinois Supreme Court Revivifies How Courts Look at Insurance Policy Issues, Jan. 2024.
• Unit Owners Have No Action for Trespass or Eviction Against an Association Which Bars Access for a Year to Make Necessary Repairs, Dec. 2023
• Human Rights Commission Awards $25,000 for Unit Owner’s Emotional Distress and $58,000 in Attorneys’ Fees, Nov. 2023.
• Bankruptcy Court Exercises Permissive Abstention to City of Chicago’s Complaint to Appoint Receiver and De-Convert Condominium Property, Sept. 2023.
• Human Rights Commission Affirms Decision Against Renter with Emotional Support Dogs who Did Not Disclose Dogs Existence in Rental Application, Aug. 2023.
• Condominium Director Failed to Plead Defamation Against Unit Owner Publishing a Newsletter Regarding Meetings, July 2023.
• Supreme Court Holds for 94-Year-Old Owner of Condominium Unit Forfeited to the State of Minnesota, June 2023.
• Association Had No Claim against Former Attorney Where It Suffered No Damages, May 2023.
• Flawed Election Process Does Not Void Assessments Due, Apr. 2023.
• Court Recognized That Release was Obtained through Duress, Feb. 2023.
• Supreme Court Reverses Appellate Court Holding That Price Limits in § 22.1 Are Not for Benefit of Unit Seller, Dec. 2022.
• Even Weak Claims are Sufficient to Trigger an Insurer’s Duty to Defend Under a D&O Policy, Nov. 2022.
• Board Elected Outside Requirements of the Condominium Property Act Negated Notwithstanding Lack of Objection and Participation by Unit Owners, Oct. 2022.
• Insurer Not Liable for Judgment Against Insured General Contractor Where No Actual Notice Of Lawsuit, Sep. 2022.
• Developer Liable for Assessments for Units He Never Built, Aug. 2022;
• Interpreting Ambiguous Easement Language for Parking and Driveway, July 2022.
• Appellate Court Affirms Denial of Prejudgment Interest on Insurance Payment Made Pursuant to Declaratory Relief Action, June 2022.
• Third District Affirms Dismissal of Insurer’s Declaratory Judgment Action Against Association After Insurer Declined Appraisal Under Policy, May 2022.
• Appointing a Receiver for Condominium Property, Apr. 2022.
• Court Holds That “Shall” in Language Accelerating Special Assessment is Permissive, Not Mandatory, and That an Eviction Court Can Hear Matters Outside Its Limited Jurisdiction, Mar. 2022.
• Appellate Court Affirms Broad Board Authority to Govern But Recognizes a Fiduciary Duty Without Any Basis, Feb. 2022.
• No Implied Right of Action Under Chicago Self-Certification Permit Program, Jan. 2022.
• Legislature Creates Administrative Process to Remove Unlawful Restrictive Covenants from Property Records, Dec. 2021.
• Illinois Appellate Court Recognizes Private Action Against Property Manager for Excessive Charges under § 22.1 of the Act, Nov. 2021.
• Appellate Court Affirms Dismissal of Retaliation Charges Brought by Unit Owner Against Management Company and Association, Oct. 2021.
• First District Extends Sienna Court to Vitiate General Contractor Liability for Implied Warranty of Habitability, Sep. 2021.
• Airbnb Rentals Held to Not Violate Prohibition Against Leasing But to Violate Prohibition Against Conducting Business on the Property, Aug. 2021.
• How Condominium Boards Maintain the Property, July 2021.
• Court Upholds Extinguishing Association Lien Through a Deed in Lieu, June 2021.
• Association Directors Deprived Unit Owner of Opportunity to Be Heard by Failing to Serve Proper Notice of Rules Violation Hearing, May 2021.
• Updated Orders and Ordinances on Residential Evictions, Apr. 2021.
• Association Directors Owe a Duty of Candor to Unit Owners Under Investigation for Rules Violations, Mar. 2021.
• What Should Meeting Minutes Show? Feb. 2021.
• New Rules, Orders, and Mandates Impact on Association Collections, Jan. 2021.
• A New IICLE Condominium Law Treatise and Holiday Glogg of Opinions, Dec. 2020.
• Freedom of Contract v. Public Duty: Professionals With Specialized Knowledge May Be Liable for Negligent Misrepresentation, Nov. 2020.
• Enforcing Mask Rules in the Association’s Enclosed Common Elements, Oct. 2020.
• Federal Best Practices and Illinois Legislation on Reasonable Accommodations of Service and Support Animals, Sep. 2020.
• Finding of Pretext May Undermine Even a Legitimate Nondiscriminatory Basis for Action Taken in Retaliation for Civil Rights Violations, Aug. 2020.
• Court Recognizes Action for Breach Of Fiduciary Duties Against Bulk Sale Purchaser of Condo Unit Notwithstanding Section 15, July 2020.
• First District Further Confuses Post-Foreclosure Assessments and Obligations Under § 9(g) of the Condominium Property Act, June 2020.
• Where a Unit Owner Has Obtained a Bankruptcy Discharge, the Association’s Appropriate Remedy to Enforce Its Lien Is Foreclosure, May, 2020.
• What Can an Association Do about Forbearing Assessments, Amending Budgets, or Deferring Projects?, Apr. 2020.
• Condominium Attorneys’ Fees Held Not to Be Consumer Debt Under FDCPA, Mar. 2020.
• Section 9(g)(3) Post-Foreclosure Sale Prompt Payments Revisited and Unified Within the First District, Feb., 2020.
• The Supreme Court Retracts Waste Management’s Common-Interest Exception to Attorney-Client Privilege, Jan. 2020.
• Two More Human Rights Cases in Favor of Associations and a Proposed Rule Exempting Condominium Residents and Occupants from the New Parking Tax, Dec. 2019.
• Seventh Circuit Joins Section 22.1 Disclosure Costs Battles Finding for Property Managers and Their Vendors, Nov. 2019.
• Appellate Court Disregards Covenants with the Land in Finding Fiduciary Duties Exist, Oct. 2019.
• Two Human Rights Cases Pertaining to Medical Marijuana and Service Animals Dismissed for Lack of Substantial Evidence, Sep. 2019.
• New Consumer Debt Judgment Amendments May Impact Association Collections; Also, Illinois Proscribes Some Proscriptions on Cannabis in the Unit, Aug. 2019.
• The Process to Adopt Special Assessments, July 2019.
• American Bankruptcy Institute Report Calls for Fixing Hardships Flowing from Non-dischargeability of Condominium and HOA Assessments, June 2019.
• More Recent Dismissals of Human Rights Act Cases Against Associations, May 2019.
• Appellate Court Punts Section 22.1 Costs Question Back to the Trial Court, Apr. 2019.
• A Unit Owner Videotaping Another Unit Owner and Threats of Arrest Did Not Create Civil Rights Liability or Actionable Intrusion into Seclusion, Mar. 2019.
• Condominium Directors Have a Greater Right to Examine Association Records, But it is a Qualified Right, Feb. 2019.
• Illinois Supreme Court Overrules 35 Years of Contract Law Protecting Homeowners Through the Implied Warranty of Habitability, Jan 2019.
• Department of Human Rights Chose Not to Act in a Smoke Infiltration Case, Dec. 2018.
• Associations Must Adopt a Written Policy for Resolving Complaints, Nov. 2018.
• Condominium Deconversions: Unit Owners Have Few Legal Remedies to Protect Themselves from Developers, Oct. 2018.
• Two Examples of Condominium Associations Meeting Bankruptcy Law, Sep. 2018.
• Some Deteriorating Balconies in Condominium Complex Held to Present Immediate Danger Necessitating Board Action Without Unit Owner Referendum to Veto Special Assessment, Aug. 2018.
• Appellate Court Recognizes an Action Against Association for Violating First Amendment Guarantees, Clarifies Due Process Which Must Be Afforded, and Broadly Expands Directors’ Fiduciary Duties, July 2018.
• Resolution of a Long Open Issue – What Constitutes “Institution of an Action” as a Precondition to Collection Six Months of Assessments Against Foreclosure Purchaser, June 2018.
• A Conflict Is Created in the First District on Whether Foreclosure Purchasers Must Make Post-Foreclosure Sale Assessment Payments Promptly, May 2018.
• Distraction or Forgetfulness Exception to Open and Obvious Doctrine Compels Recognition of Association’s Duty to Occupant using Slippery-When-Wet Stairs, Apr. 2018.
• Are Your Association’s Section 22.1 Disclosures and Processes Exposing It to Litigation?, Mar. 2018.
• Amendments to Section 19 of Condominium Property Act Open More Records to Unit Owner Access, Jan. 2018.
• Appellate Court Slams Fannie Mae for Failing to Pay Assessments for Ten Months After Purchasing Unit at Foreclosure Sale, Dec. 2017.
• An Introduction to Fiduciary Duties Owed by a Condominium Director, Part 3, Nov. 2017.
• An Introduction to Fiduciary Duties Owed by a Condominium Director, Part 2, Oct. 2017.
• Corporate Fiduciary Duties Originated from a Trustee’s Duties, Sep. 2017.
• Subcontractor’s Insurer Had Duty to Defend Other Contractors Under Commercial General Liability Policy, Aug. 2017.
• Board’s Delegation of Power Remains Unanswered, July 2017.
• Should Condo Associations’ Board of Directors Adopt Ethics Codes?, June 2017.
• Productive Day for the First District, May 2017.
• ADR and Agency Authority in the Declaration and Bylaws, Apr. 2017.
• Our New CCIC Ombudsperson, Mar. 2017.
• It’s a Dog-Eat-Dog World, Feb. 2017.
• New Legislation for 2017, Jan. 2017.
• Another Brick in the Wall of Implied Warranty of Habitability: Board of Managers of 1120 Club Condominium Assn v. 1120 Club, LLC, Dec. 2016.
• A Tale of Two Cases and One Defective Roof – Part 2, Nov. 2016.
• A Tale of Two Cases and One Defective Roof – Part 1, Oct. 2016.
• New Line of Attack Against Condo Board Rules and Regs, Sept. 2016.