Illinois Condominium Act: Supreme Court Refuses To Acknowledge New Private Right Of Action For Sellers

• Published date: 02 December 2022
• Law Firm: Wilson Elser Moskowitz Edelman & Dicker LLP
• Author: Mr Robert F. Merlo

Reversing the decisions of the Circuit and Appellate courts, the Illinois Supreme Court entered an opinion holding that section 22.1 of the Illinois Condominium Act does not imply a private right of action in favor of condominium-unit sellers.

In its Opinion ( Channon v. Westward Management, Inc., 2022 IL 128040), the Supreme Court explained that both lower courts erred when they affirmatively answered the question of whether such private right of action was implied in section 22.1.

Section 22.1 of the Condo Act (765 ILCS 605/22.1) requires condo-unit sellers to obtain specific disclosure documents from the Association or its agent prior to a sale and to provide those documents to potential buyers upon request. The Association, in turn, is...