Real Estate Law

Royal Glen Condominium Association v. S.T. Neswold and Associates, Inc.

Royal Glen Condominium Association v. S.T. Neswold and Associates, Inc.
Illinois Appellate Court
Civil Court
Condominiums
Citation
Case Number: 
2014 IL App (2d) 131311
Decision Date: 
Tuesday, September 2, 2014
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Certified question answered; remanded.
Justice: 
BURKE
Section 12 of Condominium Property Act does not impose on an insurance producer a duty giving rise to a statutory cause of action against that insurance producer. Section 12(a)(1) of that Act is intended to regulate insurance obligations of boards of managers of condo associations by specifying types of insurance boards are required to procure and when they must reassess their insurance needs.(ZENOFF and SCHOSTOK, concurring.)

Oviedo v. 1270 S. Blue Island Condominium Association

Oviedo v. 1270 S. Blue Island Condominium Association
Illinois Appellate Court
Civil Court
Condominium Law
Citation
Case Number: 
2014 IL App (1st) 133460
Decision Date: 
Wednesday, August 27, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Reversed in part and vacated in part; remanded.
Justice: 
MASON
Owner of condo in three-unit building alleged breach of fiduciary duty and violations of municipal codes and statutes as to inspection of Condo Association records. Court erred in granting partial summary judgment in two counts, because Plaintiff failed to satisfy proper purpose requirement, and Condo Association made requested records available for inspection within 30 business days as required by Condominium Act. Proper purpose requirement in Condominium Act and Not for Profit Act fills the gap as to requirement in Municipal Code, and Defendant failed to satisfy requirement that his request was made for a proper purpose. (NEVILLE and PUCINSKI, concurring.)

House Bill 4783

Topic: 
Condominium Property Act
(E. Chris Welch, D-Westchester; Steans, D-Chicago) was signed into law yesterday. It makes the following declarations unenforceable if they affect the common elements or more than one unit and require any of the following before the board can take legal action on behalf of the association: (1) consent of a percentage of unit owners; (2) arbitration; (3) mediation before an action may be filed in court; or (4) a restriction or delay in the board's ability to bring an action affecting the common elements or more than one unit. An otherwise unenforceable provision may be enforced after the election of the first-unit owner board of managers if it is approved by a unit-owner percentage vote of not less than 75 percent of the total in the aggregate of the undivided ownership of the common elements. Effective January 1, 2015.
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Public Act 98-1030

Topic: 
The Home Repair and Construction Task Force
(Williams, D-Chicago; Koehler, D-Peoria) creates the the Home Repair and Construction Task Force to study whether Illinois should enact legislation that requires home repair and construction contractors to be licensed by the State before being able to offer home repair and construction services and what are the qualifications that contractors must meet before being licensed. The Task Force must report back to the Illinois General Assembly on or before Nov. 1, 2015.
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Public Act 98-1042

Topic: 
Condominium Property Act
(Burke, D-Evergreen Park; Raoul, D-Chicago) amends the two acts that govern condos and common-interest communities so that communication may include “electronic transmission” for differing purposes under the two Acts. It creates procedures to do this that also require consent of the unit owner. It also prohibits secret ballots in elections for common-interest communities.
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BMO Harris N.A. v. Kautz

BMO Harris N.A. v. Kautz
Illinois Appellate Court
Civil Court
Foreclosure
Citation
Case Number: 
2014 IL App (2d) 140399
Decision Date: 
Friday, August 22, 2014
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed and remanded.
Justice: 
JORGENSEN
Bank did not have presumptive right to possess property or right to possess property or to have receiver appointed, in foreclosure proceedings. As there was one dwelling unit, which was property owner's primary residence, entire property was residential real estate, meaning that mortgagor has presumptive right to possession. (HUTCHINSON and HUDSON, concurring.)

Excalibur Energy Company v. Rochman

Excalibur Energy Company v. Rochman
Illinois Appellate Court
Civil Court
Tax Deeds
Citation
Case Number: 
2014 IL App (5th) 130524
Decision Date: 
Monday, August 18, 2014
District: 
5th Dist.
Division/County: 
Franklin Co.
Holding: 
Reversed and remanded with directions.
Justice: 
SCHWARM
(Court opinion corrected 8/22/14.) Plaintiff energy company filed complaint in ejectment claiming ownership to property and alleging that tax deed from which Defendant claimed ownership of same property was void from lack of notice to energy company's predecessor in title. Section 2-1401 of Code of Civil Procedure is the only vehicle for Plaintiff to vacate a tax deed. Complaint in ejectment is not a valid attack on tax deed, as Section 22-45 of Property Tax Code establishes three very limited ways to set aside a tax deed. (GOLDENHERSH and CATES, concurring.)

The Henderson Square Condominium Association v. Lab Townhouses

The Henderson Square Condominium Association v. Lab Townhouses
Illinois Appellate Court
Civil Court
Condominiums
Citation
Case Number: 
2014 IL App (1st) 130764
Decision Date: 
Friday, July 18, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed and remanded.
Justice: 
GORDON
(Court opinion corrected 8/21/14.) Plaintiff condo association raised question of fact as to whether developers' concealment of insulation led to their failure to reasonably fund the reserves. Plaintiffs adequately pleaded cause of action for breach of fiduciary duty, and alleged that developers knew, at time of transfer, that repair and replacement costs would be high due to substandard construction and materials. Questions of fact should not be decided by court on section 2-615 motion to dismiss. Developers had duty to ensure that assessments paid by owners during time that developers controlled Board allowed for reasonable reserves to be set aside in case of repair or replacement. (TAYLOR, concurring; PALMER, specially concurring.)

Public Act 98-996

Topic: 
Forcible entry and detainers and condos
(Welch, D-Westchester; Steans, D-Chicago) allows the board of managers to lease a unit to a bona fide tenant for a term that may commence at any time within eight months after the month in which the date of expiration of the stay of judgment occurs but may not exceed 13 months from the date of commencement of the lease. It removes language providing that the term of the lease is not to exceed 13 months from the expiration of the stay of judgment unless extended by order of the court. The court may permit or extend a lease for one or more additional terms not to exceed 13 months per term on motion of the board of managers and with notice to the dispossessed unit owner. Effective January 1, 2015.
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People v. Kuhn

People v. Kuhn
Illinois Appellate Court
Criminal Court
Relief from Judgment
Citation
Case Number: 
2014 IL App (3d) 130092
Decision Date: 
Friday, August 15, 2014
District: 
3d Dist.
Division/County: 
LaSalle Co.
Holding: 
Affirmed.
Justice: 
WRIGHT
Court properly dismissed sua sponte Defendant's petition for relief from judgment per Section 2-1401 of Code of Civil Procedure. Defendant objected to his own failure to properly serve the State with notice of his Section 2-1401 petition, and State responded that although Defendant failed to comply with Rule 105, it had actual notice of petition which was sent by regular mail, and was present at two hearings after petition was filed. Defendant lacks standing to raise issue as to State's receipt of service. (LYTTON and SCHMIDT, concurring.)