2021 Illinois Legal Updates and Case Law Summaries

argued that Newp ort Condo’s lien for unpaid assessments had been extinguished pursuant to section 9(g)(3) of the Illinois Condominium Property Act. The trial court granted Wu summary judgment against Newport Condo’s complaint and summary judgment in favor of Wu’s counter claim. Newport Condo appealed. The appellate court found that there was no dispute that Newport Condo had a lien against the unit for the unpaid assessments. Newport Condo makes the argument that section 9(g)(3) only applies when the lien sought to be ext inguished is inferior to the new owner’s interest in the unit. Newport Condo does not support this argument. The Court held that section 9(g)(3) applies to a mortgagee who receives a deed in lieu of foreclosure, regardless if it is inferior to the Associations lien.

Sunnyside Elgin Apts., LLC v. Miller (Second District, June 29, 2021)

This case stems from a question of whether a Brookside a condominium association, had standing to sue public officials, on behalf of the unit owners for property taxes levied against the individual unit owners. “One of the public entities that plaintiffs identified in their complaint was Riley School, whose district covers, among others, residents of Brookside. Plaintiffs alleged that Riley School had an excess accumulation in the (1) education fund (count XIV), (2) transportation fund (count XVI), (3) operations and maintenance fund (count XVII), and (4) liability and insurance fund (count XVIII).” Sunnyside Elgin Apartments, LLC v. Miller , 2021 IL App (2d) 200614, ¶ 6. Riley School intervened and moved to dismiss asserting that Brookside lacked standing and the trial court granted Riley School’s motion to dismiss. Brookside timely appealed. The appellate court found that Section 9.1 and 10 of the Condominium Property Act grants the Brookside standing to seek relief on behalf of the individual unit owners from tax assessments. The Court additionally found that even without relying on the Act, the Association would have standing under the common law. The Illinois Supreme Court adopted the U.S. Supreme Court test for associational standing from Hunt v. Wash. State Apple Adver. Comm'n , 432 U.S. 333, 97 S. Ct. 2434 (1977). See Int'l Union of Operating Eng'rs, Local 148 v. Ill. Dep't of Emp't Sec. , 215 Ill. 2d 37, 293 Ill. Dec. 606, 828 N.E.2d 1104 (2005). The court found Brookside met the test for associational standing under the Hunt test. Finally, the court commented that the guidance between the Property Tax Code and the Condominium Property Act are less than clear, and the legislature is free to revisit the statutes. Reversed and remanded.

1400 Museum Park Condo. Ass'n v. Kenny Constr. Co., 2021 IL App (1st) 192167 (August 5, 2021)

1400 Museum Park Condominium, hereinafter referred to as the Association, filed a lawsuit for breach of the warranty of habitability and breach of contract against the general contractor for the construction of the building, hereinafter referred to as the General Contractor, for a construction defect related to the hot water supply riser.

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