Due Process and Violation Hearings in Condominiums

Illinois courts have shown a fondness to expand the board’s duties in ensuring “due process” in violation hearings. 

 

In Board of Directors of Winnitt Park Condominium Association v. Bourdage, the court refused to uphold a fine imposed at a violation hearing that was held at a time when the board knew the accused unit owner was unavailable. When the unit owner failed to pay the fine, the board filed suit under the Eviction Act. However, the court found that scheduling of the hearing at a time when the unit owner could not participate did not provide her with adequate due process. 

 

Because of this case, associations must exercise greater care when issuing violation notices, scheduling violation hearings, conducting violation hearings and imposing fines.

The violation process can be tricky and is full of nuances. Be sure to review your Association’s governing documents regarding this process.

 

Read more here.