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Association Collections Policies Clarified by Court Decision (IL)

/ Owner - April 4, 2018

In Lake Point Tower Condominium Ass’n v. Waller, 2017 IL App (1st) 162072, decided on June 28, 2017, the Association filed a Forcible Entry and Detainer action against Defendant to obtain possession of Defendant’s condominium. At trial, Defendant filed a motion to dismiss the complaint. In the motion, Defendant acknowledged that she owed past-due assessments but alleged that that the Association lacked authority to initiate litigation because the Board failed to vote at an open meeting to approve filing the action, in violation of Section 18(a)(9)(A) of the Illinois Condominium Property Act.

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