Picerno v. 1400 Museum Park Condominium Association

Illinois Appellate Court
Civil Court
Condominium Law
Citation
Case Number: 
2011 IL App (1st) 103505
Decision Date: 
Friday, October 28, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed and remanded with directions.
Justice: 
McBRIDE
Court entered summary judgment in favor of owners of two corner condominium units at end of common element hallway, finding that Plaintiffs were statutorily entitled to incorporate eight feet of hallway into their units as a private foyer. Plaintiffs sought to construct a common front door, and connect their two entrances. Such modification would diminish ownership interests of other condo unit owners, per declarations that each owner has an undivided interest in common elements. Section 31 of Condominium Property Act requires that renovation is subject to limitations in condominium instruments, and thus Plaintiffs must comply with requirements of declarations to seek approval of board and of other condo unit owners. EPSTEIN and J. GORDON, concurring.)