Illinois Appellate Court
Civil Court
Fee Waivers
Plaintiff condominium association filed a lawsuit against one of its unit owners for several violations of its declarations of condominium ownership and bylaws and the Condominium Property Act. The circuit court granted summary judgment in favor of the plaintiff and awarded it attorney fees and costs. On appeal, defendant argued that the fee award was improper because he was granted a waiver of court fees, costs, and charges by the circuit court under the fee waiver provision of the Code of Civil Procedure. The appellate court affirmed, holding that the fee waiver provision of the Code does not extend to fees that are awarded to an opposing party. (MITCHELL and ODEN JOHNSON, concurring)