Lake Point Tower Condominium Association v. Waller

Plaintiff, Lake Point Tower Association, filed a forcible entry and retainer action against Defendant to obtain possession of Defendant’s condominium. Defendant filed a motion to dismiss, alleging that Plaintiff lacked authority to initiate litigation because the Board failed to vote at an open meeting before doing so in violation of the Condominium Property Act and the appellate court's decision in Palm. Court erred by granting Defendant’s motion. Even assuming the motion raised a meritorious defense, Court abused its discretion by dismissing the complaint with prejudice and denying Plaintiff the opportunity to amend the complaint. The Board voted at an open meeting before Court dismissed the action, thus eliminating Defendant’s basis for asserting that it did not have authority to litigate.