Dedic v. Board of North Shore Towers Condominium Association

Illinois Appellate Court
Civil Court
Condominiums
Citation
Case Number: 
2018 IL App (1st) 171842
Decision Date: 
Thursday, May 17, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div,
Holding: 
Affirmed.
Justice: 
McBRIDE

Condominium owner sought permanent injunction to prevent Condo Association Board from levying a $1.01 million special assessment to remediate all 90 balconies in her residential condo complex, and from executing a contract to perform the work. Court properly denied request for permanent injunction. Record clearly shows that raisings of 56 of the 90 balconies posed imminent safety risks to the unit owners and constituted an "emergency", and were not compliant with local building code requirement. Record showed that 80-85% of cost of remediation project had to be incurred to address only these 56 most dangerous balconies, with remaining portion of the cost being incurred for preventative maintenance. (BURKE and GORDON, concurring.)