While it has long been recognized that there is a separation of powers under the Illinois Condominium Property Act between condominium boards and unit owners, condominium boards have possessed almost all of the decision-making authority under the Act, including deciding rule violations. But, according to Ellis Levin in his September 2019 Illinois Bar Journal article, “Power to the Condo Unit Owner,” that power has shifted in Boucher v. 111 East Chestnut Condominium Association. In Boucher (Justice Neville’s final appellate opinion before joining the Illinois Supreme Court), the balance of power has shifted from condominium officers and boards to unit owners when unit owners protest rule violations and request meeting records.

Read more in the September issue of the Illinois Bar Journal.