Condominium Lawsuit: Spiegel v. 1618 Sheridan Road Condominium Association
Under Illinois real estate law, condominium lawsuits tend to be commonplace. Oftentimes, residents take up issues with their building associations, and vice versa.
However, the case of Spiegel v. 1618 Sheridan Rd. Condo Association took a disagreement to another level. From a legal standpoint, the definition of ‘building’ came into question.
Original Condominium Lawsuit Case Details
Marshall Spiegel and 1618 Sheridan Road Condominium Association, Inc. entered a condominium lawsuit over 20 years ago. Initially, the dispute centered around Spiegel, a unit owner and resident of the building in Wilmette, Illinois. With the original pursuit, Spiegel sought justice regarding the building’s maintenance and operations of the common areas.
Beginning in 1998, Spiegel alleged that the 1618 Sheridan Road Condominium Association had not opened the outdoor pool on time during the 1999 season. According to the fundamental complaint, this broke the association’s own rules and regulations.
In December of 2000, Spiegel and the association settled on an agreement in which Spiegel was obligated to “not post any documents relating to the 1618 Sheridan Road building on the windows of his unit, nor to place any such documents immediately adjacent to any windows of his unit which are adjacent to the front entrance of the building with the intent that such documents be readable to passersby.” Essentially, this barred Spiegel from posting anything showing the association in a negative light.
Spiegel Appeals the Decision
In 2020, James L. Waite, Board President of 1618 Sheridan Road Condominium Association, stated that Spiegel violated the agreement. While posting signage on objects placed in front of his windows, Spiegel continued to display negative messages against the association. The records showed signages in 2014, 2018, and again in 2020.
While the association sent Spiegel written violations, Spiegel argued that the written agreement on signposting didn’t cover what he was putting in his windows. Spiegel placed the signage on mannequins, furniture posts, and other objects. From his perspective, these objects didn’t fall under the definition of ‘building’. Furthermore, Spiegel argued that the association expanded the term ‘documents’ erroneously to include the objects in his windows.
Looking at the Condominium Lawsuit Ruling
Fast forward to March 16, 2022, Judge Margaret Ann Brennan ruled that Spiegel and his lawyers brought forth claims with “no basis in law or fact”. In addition, she ruled that these claims had “shown complete disregard for the judicial process through their egregious conduct.” Looking at the condominium lawsuit ruling, Judge Brennan ordered Spiegel to pay the association a $1 million sanction, covering attorney fees and increased insurance costs for the condominium complex.
While condominium suits cover a wide range of legal issues in Illinois, this matter identified unique nuances pertaining to written language and the relationship between residents and their respective associations. For legal guidance regarding Illinois residential and commercial real estate transactions, schedule an appointment with the attorney at Lee Scott Perres, P.C.
