Seth v. Aqua at Lakeshore East

Plaintiffs' actual knowledge of the unrecorded declaration is "the functional equivalent of recording" meeting requirements of Section 22 of Illinois Condominium Property Act, even if Section 22 requires a recorded declaration. Thus, court improperly ruled that Plaintiffs were entitled to rescind purchase agreements on proposed condo development because developer failed to provide them with a recorded declaration. (SALONE and STERBA, concurring.)