Siena at Old Orchard Condominium Association v. Siena at Old Orchard, LLC

Illinois Appellate Court
Civil Court
Condominiums
Citation
Case Number: 
2017 IL App (1st) 151846
Decision Date: 
Friday, March 24, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed.
Justice: 
GORDON

(Court opinion corrected 4/6/17.)Dispute over construction defects discovered at a condominium complex. Condo association and its board of directors sued developers and president of Association's initial board of directors. Court erred dismissing suit, andin finding Association had waived its claims against Defendants by failing to follow mandatory dispute resolution procedures set forth in article 12 of declaration. As that article was later amended, Association could properly proceed directly to suit without first seeking mediation or arbitration. Releases are not alternate basis to affirm court's dismissal, as facts as alleged in complaint show that person who signed releases did not have authority to execute them. (LAMPKIN and REYES, concurring.)