Chicago Condominium Association Litigation Attorney
Condominium ownership is intertwined with the relationship to condominium association boards and property management companies. Unfortunately, disputes with condo associations are common. A condo owner must be vigilant in protecting his or her fundamental ownership rights – rights that have been threatened by overreaching condominium association boards and property management companies.
Norman J. Lerum, P.C., represents homeowners within condominium associations whose rights have been compromised due to wrongful conduct on the part of condominium boards. As skillful litigators and trial attorneys, we have protected the interests of clients throughout Chicago, Cook County and surrounding areas for more than 40 years.
Failure to maintain property also adversely impacts individual condo owners and the value of their property. Condo owners often have no choice but to bring legal action against condo associations. As an individual homeowner, this can be a challenging undertaking. It is crucial to retain representation from a lawyer experienced in condominium association law.
Among other notable cases, attorney Norman J. Lerum represented the condominium owner in Spanish Court Two Condominium Association v. Lisa Carlson, 2014 IL 115342 (2014), a landmark Illinois Supreme Court decision. In the companion case, Lisa Carlson v. Spanish Court Two Condominium Association, Circuit Court of Lake County, Illinois, case no. 10 AR 2723, Mr. Lerum achieved a $208,000 judgment in favor of the condominium unit owner against the condominium association and the president of the association, who was found guilty of malicious conduct and breach of fiduciary duty. The case later settled for more than the judgment.
As an appellate lawyer, Mr. Lerum also handled the landmark case of Boucher v. 111 East Chestnut Condominium Association, 2018 IL App. (1st) 1162233, which established that unit owners may pursue causes of action against condominium associations and board members for violating their First Amendment rights and for breach of fiduciary duty.
Mr. Lerum successfully reversed a trial court decision upholding a questionable service by publication in a forcible entry and detainer action brought by a condominium association against a unit owner. Tamerlane Homeowners Association v. Erika Schwelnus, Appellate Court No. 1-19-0708.
Frequently Asked Questions About Condominium Association Litigation Concerns In Illinois
The operation of Chicago condominium or townhome associations often raises questions about Illinois condominium association laws. It is, therefore, normal for property owners to seek clarity on their legal rights and options when disputes arise. Below are straightforward answers to common concerns:
What are some reasons to file a lawsuit against a condominium association?
Below are several valid reasons that can guide you to file a lawsuit against a condominium association:
- Breach of fiduciary duty: Associations have a legal obligation to act in the best interest of their members. Failure to do so, such as mismanaging funds, could lead to litigation.
- Failure to maintain common areas: If the association neglects repairs or maintenance of shared spaces, it may violate its responsibilities under Illinois law and its governing documents.
- Violation of governing documents: Associations must comply with bylaws and covenants. If they enforce rules inconsistently or unfairly, legal action may be warranted.
- Discrimination: Actions that violate the Fair Housing Act, such as discriminatory practices, are grounds for a lawsuit.
Remember, lawsuits against associations or their board members are complex and require careful documentation of the facts and applicable laws to support your claim. That is why working with an experienced attorney is important.
Consult A Condo Association Dispute Attorney
Our condominium dispute attorneys are available for telephone consultation appointments. This appointment is a great opportunity to ask questions and tell us more about your Issue. To find out more about our legal services, contact us by calling 312-487-2154 or sending us a message through our website.