Should the Condominium Property Act Allow Unit Owners to Recover Attorneys’ Fees? (IL)

During the previous Illinois General Assembly legislative session, Representative Drury introduced House Bill 3755, which would have amended the Condominium Property Act (the “Act”) to allow a unit owner to recover attorneys’ fees and costs from his or her association if he or she prevailed in any litigation or arbitration proceeding, regardless of whether that unit owner was the plaintiff or defendant in such proceeding. Despite strong opposition, House Bill 3755 did pass out of the House and into the Senate, but did not go further. The support that bill received, and its relative success in moving out of the House, seems to indicate that we have not heard the last about fee-shifting in favor of unit owners.     Read the article…………….

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