Illinois Appellate Court
Civil Court
Condominiums
Condo association filed forcible entry and detainer action against Defendant, alleging breach of contract, for failure to pay her condominium assessments. Court entered order for possession, and then entered judgment for Plaintiff. Unit was then foreclosed upon by bank. As condo association pursued contract theory of recovery, instead of statutory theory of recovery under Condominium Property Act or Forcible Entry and Detainer Act, it cannot avail itself of any attorney fee remedies permitted under those acts. As Plaintiff failed to identify any written instrument or contract providing for its recovery of attorney fees, court properly denied Plaintiff's petition for attorney's fees. (HOFFMAN and CUNNINGHAM, concurring.)