Condominium Owners Can’t Take Common Areas!

A recent case, Picerno v. 1400 Museum Park Condominium Association, 2011 IL App (1st) 103505 (October 28, 2011) Cook Co., 5th Div., caught by interest:  In 2008, related family members purchased neighboring units at the end of the hall in a condominium building.  Their doors faced each other, and they shared a common wall.  They decided that they would like to install a new door in the hallway, separating off their two units from all of the other units.  The association objected. 

Eventually, the association set forth a proposal which delineated the requirements that the unit owners must agree to in order to install the door and separate their portion of the hallway.  Because of the costs involved, the unit owners did not agree, and the matter ended up in court. 

While the trial court agreed with the plaintiff unit owners, the appellate court sided with the condominium association, stating that 1) the hallway that the plaintiffs sought to incorporate into their unit was a common element; 2) the association had sought payment for allowing the plaintiffs to use the space privately, but the plaintiffs appeared unwilling to pay it; 3) the vast majority of the conditions the association imposed were reasonable, especially in light of the fact that the plaintiffs would be receiving additional space for private usage — thereby taking that space away from the association; and 4) the court felt that the plaintiff’s interpretation of the Illinois Condominium Property Act was incorrect. 

The appellate court decided that if the unit owners followed the rules set forth by the association, they could install their new door.  It remains to see what happens!