Seth v. Aqua at Lakeshore East

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 120438
Decision Date: 
September 26, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Justice: 
STEELE
Holding: 
Reversed and remanded.
Plaintiffs' actual knowledge of the unrecorded declaration is "the functional equivalent of recording" meeting requirements of Section 22 of Illinois Condominium Property Act, even if Section 22 requires a recorded declaration. Thus, court improperly ruled that Plaintiffs were entitled to rescind purchase agreements on proposed condo development because developer failed to provide them with a recorded declaration. (SALONE and STERBA, concurring.)