Channon v. Westward Management, Inc.

Illinois Appellate Court
Civil Court
Condominiums
Citation
Case Number: 
2021 IL App (1st) 210176
Decision Date: 
Tuesday, December 7, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Certified question answered.
Justice: 
FITZGERALD SMITH

Plaintiffs filed class action complaint against property management agent retained by condominium association (HOA), alleging that when they sold their condominium unit in 2016, Defendant charged excessive and unreasonable fees to provide them with documents and other information Plaintiffs were required to provide to prospective buyers. Section 22.1 of the Condominium Property Act provides an implied cause of action in favor of a condominium unit seller against a property manager, as agent of HOA or HOA Board, based on allegations that property manager charged excessive fees for production of information required to be disclosed to a prospective buyer under the statute.  (LAVIN and COBBS, concurring.)