Owner of condo unit filed complaint alleging that condo board members and Association (HOA) violated the Condominium Property Act by fining him for expressing his opinions about condo management. Plaintiff adequately alleged that board members violated the Act by penalizing him for expressing his opinions. Plaintiff presented evidence that could support a finding that board members violated Act when denying his request for recording of disciplinary hearing, and that HOA and board members breached fiduciary duties in failing to disclose to Plaintiff the evidence against him. A plaintiff states a cause of action against HOA for violation of his right to free speech by alleging that association precluded him from expressing his political opinion or that HOA penalized him for expressing his opinions. (PUCINSKI, concurring; MASON, dissenting.)
Illinois Appellate Court
Civil Court
Condominiums