Board of Managers of the Inverrary Condominium Association v. Karaganis
80 N.E.3d 48
| Ill. App. Ct. | 2017Background
- Defendant James Karaganis owned a Inverrary condominium unit in Deerfield, IL.
- Plaintiff Board of Managers sought possession and a money judgment for unpaid common expenses totaling about $8,154.75.
- Action filed August 29, 2012 under forcible entry and detainer statute (735 ILCS 5/9-101 et seq.).
- Defendant counterclaims alleged condo management failures to maintain common elements caused damages and overpayment of assessments.
- Carlson decision reversed in March 2014, holding association failures to repair are not a defense in forcible actions; Carlson later reversed by Illinois Supreme Court in 2014.
- Trial court later awarded plaintiff attorney fees ($23,300) and a monetary judgment ($8,159.75) after evaluating discovery issues and sanctions, with stay on possession.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 9-111(a) permits a personal money judgment or only possession | Association may obtain possession and money, including fees | Remedies limited to possession; money judgment not personal | Statute allows both possession and money judgment against owner |
| Whether defendant's defenses were germane to fee determination under 9-111(b) | Affirmative defenses not germane to fee calculation | Defenses should affect fees as part of the nature of the action | Affirmative defenses not germane; fees properly limited by 9-111(b) |
| Whether Carlson should influence fee award despite its reversal | Carlson irrelevant post-reversal; not germane to award | Carlson foreclosed considering certain misconduct | Carlson applies retroactively; cannot consider defenses as to fees |
| Reasonableness of plaintiff’s attorney fees under 9-111(b) | Fees reasonable given work performed | Fees excessive due to alleged misconduct and failures to repair | Trial court’s fee award ($23,300) supported by close scrutiny and below requested amount |
| Sanctions for discovery violations or false affidavit | No sanction warranted; affidavit not proven false | Sanctions appropriate for misleading discovery affidavit and withheld documents | No sanctions imposed; affidavit deemed misleading but not sanctionable |
Key Cases Cited
- Carlson, 2014 IL 115342 (Ill. 2014) (held that failure to repair is not defense in forcible action and not germane to fee awards; retroactive application)
- Weather-Tite, Inc. v. University of St. Francis, 233 Ill. 2d 385 (Ill. 2009) (statutory construction principle; avoid reading into a statute exceptions not intended)
- Knolls Condominium Ass’n v. Harms, 202 Ill. 2d 450 (Ill. 2002) (illustrates leasing as an option for collecting judgments in condo cases)
- Gotham Lofts Condominium Ass’n v. Kaider, 2013 IL App (1st) 120400 (Ill. App. 1st Dist. 2013) (discusses enforcement of condo associations’ remedies in forcible actions)
- State Place Condominium Ass’n v. Magpayo, 2016 IL App (1st) 140426 (Ill. App. 1st Dist. 2016) (discusses statutory interpretation in condo force actions)