News & Insights
Ken Michaels Authors Illinois Institute of Continuing Legal Education June Flashpoint, “Appellate Court Affirms Unit Owner’s Liability for Usurping Common Elements.”
The Third District of the Illinois Appellate Court’s recently affirmed entry of summary judgment in favor of a condominium association and against a unit owner who, acting without board approval, broke through the ceiling of her unit and raised the ceiling a little over two feet. Claymoor Condominium Ass’n v. Majewska, 2024 IL App (3d) 230171-U.
In 2020, the condominium association sued the defendant unit owner for breaking through the ceiling of her unit into the common elements above and raising her ceiling approximately 26 inches. 2024 IL App (3d) 230171-U at ¶¶2, 5. The parties filed cross-motions for summary judgment. The unit owner’s motion was denied. 2024 IL App (3d) 230171-U at ¶3. The association was granted injunctive and declaratory relief and on filing a petition was awarded more than $96,000 in legal fees and costs. 2024 IL App (3d) 230171-U at ¶¶3, 6. After losing a motion for partial summary judgment in 2021, the unit owner filed a counterclaim claiming breach of contract by failing to follow procedures required by the condominium declaration to notify her that she violated the declaration and the Illinois Condominium Property Act, 765 ILCS 605/1, et seq. 2024 IL App (3d) 230171-U at ¶7.
In 2020, the condominium association sued the defendant unit owner for breaking through the ceiling of her unit into the common elements above and raising her ceiling approximately 26 inches. 2024 IL App (3d) 230171-U at ¶¶2, 5. The parties filed cross-motions for summary judgment. The unit owner’s motion was denied. 2024 IL App (3d) 230171-U at ¶3. The association was granted injunctive and declaratory relief and on filing a petition was awarded more than $96,000 in legal fees and costs. 2024 IL App (3d) 230171-U at ¶¶3, 6. After losing a motion for partial summary judgment in 2021, the unit owner filed a counterclaim claiming breach of contract by failing to follow procedures required by the condominium declaration to notify her that she violated the declaration and the Illinois Condominium Property Act, 765 ILCS 605/1, et seq. 2024 IL App (3d) 230171-U at ¶7.