The First District Illinois Appellate Court (Cook County) has approved a request that will likely make its recent decision in Palm v. 2800 Lake Shore Drive legally binding on all condominium associations and possibly townhome and homeowner associations as well.
The court’s initial decision was issued as a “Rule 23 Order” which meant that it was only binding on the parties to the original case and could not be used as legal precedent in other cases. The Plaintiff, Gary Palm, subsequently asked the Appellate Court to “publish” their opinion, thereby making it legally binding on all associations. The Appellate Court approved the initial request and the next step will be a formal publishing of the Court’s decision. The Appellate Court’s decision may be reconsidered by the Appellate Court and may be appealed to the Illinois Supreme Court. Even if reconsidered or appealed, it will be quite some time until either the Appellate Court or the Supreme Court would consider the Appellate Court’s decision.
As a result, the Appellate Court’s decision will likely be fully applicable to condominium associations within Cook County. Moreover, it is likely that Appellate Courts in other Illinois jurisdictions will also apply the decision in this case to associations within their jurisdiction.
Practically speaking, the impact is that Cook County condominium associations will likely be required to apply the holdings in Palm v. 2800 North Lakeshore Drive. Condominium associations located in other counties and other community associations located anywhere throughout the state must carefully consider strictly following the dictates of the Palm decision in effort to avoid future legal claims.
Go to www.ksnlaw.com to see our prior summary of the Appellate Court’s Palm decision. As always, if you would like to discuss the impact of this case on your association and board of directors, please contact KSN.