Condominium Association Litigation
Condominium ownership is intertwined with the relationship to condominium association boards and property management companies. 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.
The nature of the property management industry is such that many condominium homeowners face subpar property maintenance. Failure to maintain property adversely influences individual condo owners and the value of their property, and they often have no choice but to bring legal action against condo associations and property management companies. As an individual homeowner, this can be a challenging undertaking. It is crucial to retain representation from a lawyer experienced in condominium association law.
Norman J. Lerum, P.C., represents homeowners within condominium associations whose rights have been compromised due to wrongful conduct on the part of management companies and condominium boards. As skillful litigators and trial attorneys, we have protected the interests of clients throughout the Chicago, Cook County and surrounding areas for more than 40 years.
Among other notable cases, Norman 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.
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.
Mr. Lerum has drafted proposed amendments to the Illinois Condominium Property Act that would have provided additional rights to unit owners and allowed for an award of attorneys’ fees in the event a unit owner prevailed in litigation. See THE LOOP NORTH NEWS article here.
Another recent case of note is Dickens-Hudson Association v. Susan Proffitt, 15 M1 710961, Circuit Court of Cook County, Illinois. Mr. Lerum obtained a jury verdict on behalf of the defendant, a condominium unit owner, in defense of a forcible entry and detainer action brought by a condominium association for certain boiler-related expenses unfairly charged to her.