Wednesday, April 12, 2017

Illinois General Assembly - Bill Status for HB3755 -- Attorney Fees

Illinois General Assembly - Bill Status for HB3755: "CONDOMINIUM ACT-ATTORNEY FEES"



In Illinois, when an association sues an owner and wins, the owner pays the association's attorney fees. But when the owner wins, the association generally does not have to pay the owner's fees. This bill would make the fee-shifting mutual, so that the victorious owner would have his or her attorney fees paid by the association. This is inspired by what happened to Lisa Carlson in the legal disputes that led to the case of Spanish Court Two Condominium Association v. Carlson.  A similar bill was introduced in the Illinois state legislature last year and didn't make it out of committee. Attorney Norman Lerum, who represented Carlson in the case, is heavily involved in designing the legislation, which is being pushed by Rep. Scott Drury (D-Highwood).

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