Publications

Seth v. Aqua at Lakeshore East

Illinois Appellate Court
Civil Court
Condominium Law
Citation
Case Number: 
2012 IL App (1st) 120438
Decision Date: 
Wednesday, September 26, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Reversed and remanded.
Justice: 
STEELE
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.)