(Correcting summary.) Plaintiffs are homeowners in a residential community. Defendant is a not-for-profit corporation created in part for purpose of maintaining a dam and lake that previously existed in the subdivision. In 2007, the dam failed, and the lake emptied. Plaintiff alleged breach of contract against Defendant and board members for failing to rebuild the dam. Court granted summary judgment for Defendants on declaratory judgment counts and dismissed Plaintiffs' breach of contract claims against company and individual board members with prejudice. Plaintiffs failed to plead facts sufficient to state cause of action against company for breach of contract. Covenants recorded by developer and trustee do not impose a contractual obligation on company to replace dam, or to maintain existence of dam on a permanent basis. Defendant does not meet definition of homeowners association "administering a common interest community." No evidence of breach of fiduciary duty by an individual director.(O'BRIEN and WRIGHT, concurring.)
Illinois Appellate Court
Civil Court
Breach of Contract