HOA filed townhome owner alleging that he owed total of $1263 for his share of expenses of common element plus legal fees, and sought possession under the Forcible Entry and Detainer Act and for breach of contract. After bench trial, court properly entered judgment for Defendant and refused to enter eviction order. Plaintiff failed to provide notice to unit owners through declaration and bylaws or some other notice, and Plaintiff did not prove by a preponderance of the evidence the amount owed. Court properly found Defendant not liable under breach of contract theory. Declaration was ambiguous as to whether it included the water bill, and Plaintiff failed to prove how much Defendant owed for the water bill or how the bill was calculated. (LYTTON and WRIGHT, concurring.)
Illinois Appellate Court
Civil Court
Forcible Entry and Detainer Act