Board of Directors of Winnitt Park Condominium Association v. Bourdage
Chicago · IL · Illinois Appellate Court, First District
Member win · hearings
What happened
The Board of Directors of Winnitt Park Condominium Association sought to evict Bourdage based on unpaid fines and related fees from alleged declaration and bylaw violations after purported hearings. Bourdage defended that she lacked proper notice and an opportunity to be heard before the August 24 fine order, and that later January 31 fines were omitted from the Forcible Entry and Detainer Act demand letter. The trial court refused eviction; the board appealed. The First District affirmed: under 765 ILCS 605/18.4(l), reasonable fines require prior notice and opportunity to be heard, which were not provided before the August 24 order, and the board could not evict on fines omitted from the demand letter.
What the court (or agency) held
Under 765 ILCS 605/18.4(l), a condominium board may levy reasonable fines only after notice and an opportunity to be heard. The appellate court affirmed: Bourdage was not provided notice and an opportunity to be heard before the August 24 fine order, so the trial court properly refused eviction based on nonpayment of that fine. The board also could not evict on January 31 fines omitted from the Forcible Entry and Detainer Act demand letter.
Why this matters for members
Skipping statutory fine notice-and-hearing blocks using those fines as eviction leverage. Demand letters must also list the fines relied upon for forcible entry.
What the member did
Challenged eviction by proving the statutory notice-and-hearing prerequisites for fines were not met and that demand-letter requirements for later fines were unmet.
Questions for the board
- Was written notice and a hearing opportunity completed before each fine order?
- Does our eviction demand letter list every fine and fee claimed?
- What hearing record exists for fines underlying collection or possession actions?
Questions for a lawyer
- Were § 18.4(l) notice-and-hearing prerequisites met for these fines?
- Does the forcible-entry demand properly include the fines at issue?
- What defenses stop eviction predicated on improperly levied fines?
Citation
Board of Directors of Winnitt Park Condominium Association v. Bourdage, No. 1-19-2536 (Ill. App. Ct. 1st Dist. May 6, 2021) (2021-05-06). Illinois Appellate Court, First District. Outcome chip: IL hearings hub — strong, not displacing carousel. Source: https://caselaw.findlaw.com/court/apl-crt-ill-fir-dis-fou-div/1901578.html
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.