V&T Investment Corporation v. West Columbia Condominium Association

Illinois Appellate Court
Civil Court
Condominiums
Citation
Case Number: 
2018 IL App (1st) 170436
Decision Date: 
Friday, May 18, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Reversed and remanded.
Justice: 
CONNORS

Plaintiff, a real estate investment company, was foreclosure sale purchaser of condominium unit. Condo association issued a paid assessment letter, at Plaintiff’s request, stating total amount due. Plaintiff paid that amount under protest. First assessments came due the month after the foreclosure sale. Plaintiff’s payment of 1st assessment was prompt, as it was made shortly after confirmation of sale, and thus their payment extinguished the prior section 9(g)(1) lien on the condo unit. Plaintiff had no obligation to pay any assessments that had accrued before it acquired title.Reversed and remanded for entry of judgment in favor of Plaintiff for a portion of payment it made under protest.  (CUNNINGHAM and DELORT, concurring.)