Illinois Appellate Court
Civil Court
Condominium Law
(Court opinion corrected 6/6/14.) Plaintiff, a condo unit owner, filed for declaratory and injunctive relief against condo association and its directors. As there is no conflict between declaration and bylaws or other condominium instruments, Section 4.1(b) of Condominium Property Act does not apply, and notice provision in declaration stands. Court properly ruled that Board breached its fiduciary duty by using operating fund to pay reserve expenses and reimbursing operating fund from reserve fund. Court properly found that business judgment rule did not protect Defendants from breach of fiduciary duty in transferring surplus association income to association's reserve account instead of crediting it against unit owners' future assessments. (McBRIDE, concurring; GORDON, specially concurring.)