Courts of Northbrook Condominium Ass’n v. Bhutani 

Illinois Appellate Court
Civil Court
Forcible Entry and Detainer Act
Citation
Case Number: 
2014 IL App (1st) 130417
Decision Date: 
Friday, March 14, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
GORDON
(Court opinion corrected 3/17/14.) Condo association filed eviction action against townhouse co-owners, and court entered default judgment upon failure to appear. Court granted defendants' pro se motion to vacate, but did not quash service. Forcible Entry and Detainer Act does not require that a defendant actually receive a 30-day notice to effectuate proper service. Even if a defendant does not claim a certified mailing, Plaintiff followed the procedures of the Act in mailing notices by certified mail to defendant at last known address, and court was conferred subject matter jurisdiction. Service was proper, as summons was left at Defendant's usual place of abode with a family member residing there, over age 12. Claims of breach of fiduciary duty by Plaintiff are outside scope of Act. (McBRIDE and PALMER, concurring.)