Channon v. Westward Management, Inc.

This case raises certified question as to whether section 22-1 of Condominium Property Act provides implied cause of action in favor of condominium unit seller against property manager, as agent of condominium association or board of directors, based on allegations that property manager charged excessive fees for production of information required to be disclosed to prospective buyer under said Act. Appellate Court, in answering certified question in affirmative, found that said implied cause of action exists under said Act. In its petition for leave to appeal, defendant-property manager argues that Appellate Court’s holding conflicts with certain federal court cases and needlessly exposes property manager to class action liability that should more properly be directed to condominium association.