Court erred in entering summary judgment for Defendant corporation on complaint for possession of condominium and for monetary damages, attorney fees and costs for breach of contract.Defendant had purchased condo at a foreclosure sale which was confirmed by circuit court.Defendant paid post-sale assessments for condo for 3 months, starting in the month after the foreclosure sale. This payment confirmed the extinguishment of any lien on condo. When a judicial sale purchaser complies with provisions of section 9(g)(3) of Condominium Act by paying the common expense assessments for the unit beginning in the month after the foreclosure sale, "any lien" created by section 9(g)(1) is extinguished, at which point a condo associations's only right to recover payment for pre-foreclosure expenses from a non-mortgagee purchaser is pursuant to section 9(g)(4) of the Act. Defendant was thus obligated to pay the unpaid common expenses for 6 months prior to filing of foreclosure action, which include the attorney fees "incurred" arising out of homeowners' default in payment of monthly assessments. Costs for repair of condominium were incurred by association after the institution of its foreclosure action and thus are not part of the common expenses for the 6-month period. (ROCHFORD and DELORT, concurring.)
Illinois Appellate Court
Civil Court
Condominiums