Defendant, owner of a condominium unit, remodeled his unit and during the process removed a beam partially located in the unit. Plaintiff condominium association ("HOA") notified Defendant that this was in violation of condominium declaration, and demanded that he restore the building to its original condition. HOA filed complaint for injunctive relief. Court granted HOA's motion for default judgment, but granted Defendant's motion to vacate default judgment. Court entered agreed order, wherein Defendant agreed to allow "full access" of his unit to HOA's contractors. Court granted HOA's petition for attorney's fees and costs, including construction costs and consultation fees, and entered judgment of $48,993 for HOA. Defendant did not request evidentiary hearing on fee petition, and he did not offer any competent evidence to refute reasonableness and necessity of fees and costs. Court properly denied Defendant's motion to reconsider, as new evidence presented in motion was available prior to court's ruling on petition for fees and costs. (CONNORS and GRIFFIN, concurring.)
Illinois Appellate Court
Civil Court
Condominium Law