“Business as usual” for Illinois condo boards has now changed. A very big decision by the Illinois appellate court (First District) makes number of Illinois condominium board standard practices illegal. Boucher v. 111 East Chestnut Condominium Association[1] held that a board, in levying fines against a belligerent unit owner who verbally berated and insulted management and association employees, violated his constitutional right to free speech (his behavior included telling an employee that she was not allowed be on the same elevator as him because she was a “f—ing employee”). The court also held that the board breached its fiduciary duty by refusing to provide the unit owner with video footage of the incidents, the written complaints regarding the violations, or the video recording of the violation hearing. Read the article………………
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