Background - Fannie Mae purchased a Chicago condominium unit at a judicial foreclosure sale on July 21, 2015; the Andersonville South Condominium Association (association) sued Fannie Mae in forcible entry and detainer seeking possession and $63,513.33 (later increased) for unpaid assessments, late fees, and unit repair costs. - The trial was set for June 1, 2016; the court had previously ordered Fannie Mae may file appearance/pleadings/discovery by May 25, 2016. - Fannie Mae served discovery May 23 and moved on May 24 for an emergency continuance to obtain association responses; that motion was set for presentment May 31 but Fannie Mae failed to appear for presentment. - On trial day Fannie Mae renewed an oral continuance request, arguing it lacked material discovery responses; the trial court denied the request and held a bench trial. - The association’s treasurer testified and introduced a ledger and the condominium declaration/bylaws; the trial court awarded the association $68,231.45 (assessments, $43,832.65 in late fees, repairs) and possession to Fannie Mae; Fannie Mae appealed. ### Issues | Issue | Plaintiff's Argument | Defendant's Argument | Held | |---|---|---|---| | Whether the trial court abused its discretion by denying Fannie Mae’s continuance request | Association: trial date was properly set; Fannie Mae had notice and the association was ready to proceed | Fannie Mae: needed discovery responses (served May 23) as material evidence and lacked time to prepare after May 25 deadline | Denial affirmed — court found Fannie Mae lacked diligence (failed to appear for presentment, newly-assigned counsel unprepared, association had produced key records earlier) | | Whether late fees (4% monthly) assessed pre-foreclosure were unenforceable penalty | Association: late charges are part of statutory lien under §9(g)(3) and recoverable; calculation was per bylaws | Fannie Mae: cumulative late charges exceeded assessments (over 1.5x) and compounding made them an unenforceable penalty | Affirmed — under 1010 Lake Shore purchaser’s failure to pay post-sale assessments preserves association’s lien; 4% monthly fee not unreasonable here and Hidden Grove distinguished | | Whether $8,973.57 in repair/renovation costs were recoverable | Association: costs were reasonable mitigation to lease the unit; rental income offset delinquencies | Fannie Mae: repairs were not common expenses within statutory lien and association assumed the risk; it would have repaired or sold "as is" | Affirmed — trial court credited ledger and testimony that repairs enabled mitigation and offset was nearly equal to rental recoupment; award not against manifest weight of evidence | ### Key Cases Cited 1010 Lake Shore Ass'n v. Deutsche Bank Nat'l Tr. Co., 43 N.E.3d 1005 (Ill. 2015) (holding buyer at judicial sale who fails to pay post-sale assessments does not extinguish association's lien for pre-sale assessments) Hidden Grove Condominium Ass'n v. Crooks, 744 N.E.2d 305 (Ill. App. Ct. 2001) (compounded, high monthly late fees may be an unenforceable penalty; distinguished on rate and facts) * K & K Iron Works, Inc. v. Marc Realty, LLC, 21 N.E.3d 1190 (Ill. App. Ct. 2014) (trial-court continuance decisions reviewed for abuse of discretion)