Condominium Unit Owners Can Pursue Legal Claims Against Property Managers

Channon v. Westward Management, Inc., 2021 IL App (1st) 210176 (December 7, 2021) Cook Co., 2d Div. (FITZGERALD SMITH) Certified question answered.

Plaintiffs filed class action complaint against property management agent retained by condominium association (HOA), alleging that when they sold their condominium unit in 2016, Defendant charged excessive and unreasonable fees to provide them with documents and other information Plaintiffs were required to provide to prospective buyers. The Court determined that Section 22.1 of the Condominium Property Act provides an implied cause of action in favor of a condominium unit seller against a property manager, as agent of HOA or HOA Board, based on allegations that property manager charged excessive fees for production of information required to be disclosed to a prospective buyer under the statute.