Plaintiffs, as individuals and on behalf of similarly situated persons, appealed from a circuit court order dismissing their claims against the defendants homeowners association and board of directors in which they alleged that the defendants’ assessments were unlawful and unconscionable and that defendants breached their fiduciary duty by misappropriating funds. Plaintiffs also appealed from the circuit court’s judgment on the pleadings for defendants on plaintiffs’ claims that defendants’ organizational structure did not comply with law. The appellate court affirmed, finding that the circuit court did not err in dismissed the claims or entering judgment on the pleadings under the facts alleged by the plaintiffs. (ODEN JOHNSON and WILSON, concurring)
Illinois Appellate Court
Civil Court
Condominium Associations