Board of Directors of Winnitt Park Condominium Ass’n v. Bourdage

Illinois Appellate Court
Civil Court
Condominiums
Citation
Case Number: 
2021 IL App (1st) 192536
Decision Date: 
Thursday, May 6, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
GORDON

Condominium Association (HOA) attempted to evict Defendant based on unpaid fines and attorney fees resulting from violations of HOA declarations and bylaws. Trial court properly found that fines were improperly assessed because Defendant had not been given proper notice of the hearing on the alleged violations and did not have the opportunity to defend herself before the HOA Board entered its order. In addition, HOA Board could not seek to evict Defendant based on nonpayment of fines in Board's order because Board did not issue a demand letter as required by Forcible Entry and Detainer Act. (REYES and MARTIN, concurring.)