Goldberg v. Astor Plaza Condominium Association

Illinois Appellate Court
Civil Court
Condominium Law
Citation
Case Number: 
2012 IL App (1st) 110620
Decision Date: 
Friday, March 23, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,6th Div.
Holding: 
Affirmed in part and reversed in part with instructions.
Justice: 
R.E. GORDON
(Modified upon denial of rehearing.) Condominium unit owner sued condominium association and board of directors. Section 19 of Condominium Act is mandatory on subject of attorney's fees. Act is a fee-shifting statute which clearly states that attorney fees shall be awarded if party prevails against condominium board in enforcement action. Court should consider what fees Plaintiff incurred relating to the one count on which she prevailed, requiring association to produce minutes of its meetings for certain time periods. Board members did not breach fiduciary duty to unit owners in concluding, in reliance on legal advice, that Board did not have authority to pay for repairs sought. (GARCIA and PALMER, concurring.)