State high court sees no private right of action in condominium fee dispute

Realty Check

By Erica Minchella

Erica Crohn Minchella, is the head of the boutique real estate firm of Minchella & Associates, Ltd., handling residential and commercial real estate transactions and litigation such as foreclosure defense, quiet title, and partition actions. erica@ecminchellalaw.com

Posted December 15, 2022 11:08 AM

The Illinois Supreme Court recently ruled in Channon v. Westward Management, Inc., 2022 IL 128040 (Ill. 2022), that condominium owners do not have a private right of action to dispute fees charged by management companies when they produce the documentation required for the sale of a unit. The 7th U.S. Circuit Court of Appeals issued a similar ruling in Horist, et al. v. Sudler and Company, et al., 941 F.3d 274 (7th Cir. 2019).While the ruling was a hit for unit sellers, it has not gone unnoticed by the legislature that …

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