Board Must “Strictly Comply” with Declaration’s Repair and Maintenance Obligations
Facts: A member of a condo association sued the association’s board of directors for breach of fiduciary duty and intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress (NIED) after its delay in repairing common areas damaged her individual unit. The board asked a trial court to dismiss the member’s claims, which it did. The member appealed.
Decision: An Illinois appeals court upheld in part and reversed in part the decision of the trial court.