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· 9/30/2004

Poulet v. H.F.O., L.L.C.

Citations

  • 817 N.E.2d 1054
  • 353 Ill. App. 3d 82
  • 288 Ill. Dec. 404

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that unit owners did not have standing to bring a direct claim but were not barred from bringing a derivative suit to protect Association funds
  • explaining that individual unit owners lacked standing to bring individual claims against their condo association for misuse of association funds
  • nothing barred unit owners from suing in a derivative action, if the association failed to act
  • “ ‘[S]ection 9.1 of the Act does not in any way deny an individual unit owner the right to assert an individual contract right’ ”
  • condo owner “has a fee simple title, from which he enjoys exclusive ownership of his individual unit, and retains as a tenant in common an undivided interest in the common areas”
  • “[O]ur finding in this case does not bar individual unit owners from obtaining relief in the event that the [Board] fails to take action against the third parties.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Burke

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.