News & Insights
Ken Michaels Authors Illinois Institute of Continuing Legal Education February Flashpoint
First District upholds permanent injunction against unit owners who do not maintain architectural continuity.
The Illinois Appellate Court held that a condominium association’s obligation to vote to prosecute or defend specific litigation is satisfied where the board of directors voted at a noticed, open board meeting to hire a lawyer for the purpose of obtaining compliance with rules. Those who were violating the rules were disrupting the meeting. The court held that those in attendance all understood that the new attorney was being hired for this purpose and that litigation could result therefrom. Board of Directors of Edgewood Valley Condominium Community Association, Inc. v. Filipov, 2024 IL App (1st) 230790-U.
The Illinois Appellate Court held that a condominium association’s obligation to vote to prosecute or defend specific litigation is satisfied where the board of directors voted at a noticed, open board meeting to hire a lawyer for the purpose of obtaining compliance with rules. Those who were violating the rules were disrupting the meeting. The court held that those in attendance all understood that the new attorney was being hired for this purpose and that litigation could result therefrom. Board of Directors of Edgewood Valley Condominium Community Association, Inc. v. Filipov, 2024 IL App (1st) 230790-U.