Background
The Board of Directors of Prairie District Homes sought access to Charles Davis’s condominium unit to locate and repair a leaking toilet that had caused water damage to the unit below. After Davis refused access twice in December 2022 and January 2023, the board filed a lawsuit seeking declaratory relief, injunction, and attorney fees. Davis initially failed to appear but later filed an answer denying the allegations, claiming he was immunocompromised and had inspected his unit without finding damage. He further claimed building staff had accessed his unit multiple times for other repairs without raising the leak issue.
On January 23, 2024, the parties entered into an agreed order requiring Davis to provide access by February 9, 2024. When Davis failed to comply, the court issued an enforcement order on February 13, 2024. The board subsequently petitioned for $11,936 in attorney fees and $877.68 in costs. The circuit court awarded $12,840.68, finding the fees reasonable and authorized under both the condominium declaration and the Illinois Condominium Property Act.
The Court’s Holding
The appellate court affirmed the fee award, holding that the condominium declaration provided a proper contractual basis for recovering attorney fees. Section 7.06 of the declaration explicitly authorized the board to charge reasonable attorney fees incurred “in connection with the enforcement of the provisions of this Declaration,” and the board was entitled to enforce Davis’s obligation to provide unit access under Sections 2.10 and 3.02 of the declaration. The court rejected Davis’s argument that an evidentiary hearing was required, finding that the board’s detailed affidavit describing 29.9 hours of work with billing records was sufficient to establish reasonableness without an evidentiary proceeding.
The court also addressed Davis’s challenge to the necessity of the agreed order itself. The court held that an agreed order constitutes a binding contractual agreement between the parties, not a judicial determination of fact, and remains enforceable regardless of whether all its terms prove ultimately necessary. Once Davis agreed to the January 23, 2024 order and failed to comply, the board had proper basis to seek enforcement and recover the resulting litigation costs.
Key Takeaways
- Condominium declarations can independently authorize attorney fee recovery by boards enforcing their provisions, separate from statutory authority under the Illinois Condominium Property Act.
- Agreed orders between parties are enforceable contractual obligations that bind parties despite later disputes about their necessity or factual predicate.
- Condominium boards can recover the full cost of litigation, including fees incurred after partial compliance, when an owner’s initial non-compliance necessitated judicial enforcement.
- Courts need not hold evidentiary hearings on reasonableness of attorney fees when the petitioner submits detailed billing records and a supporting affidavit from counsel, and the opposing party raises only factual disputes about necessity.
Why It Matters
This decision significantly strengthens condominium boards’ enforcement authority and cost-recovery mechanisms when pursuing maintenance access rights against non-compliant unit owners. By holding that declaration language can independently authorize fee recovery and that boards may recover all litigation costs incurred in enforcement actions, the court removes substantial barriers to boards taking necessary legal action. The ruling clarifies that owners cannot substantially defeat fee liability by providing partial compliance partway through litigation, ensuring boards have incentive and financial ability to pursue necessary repairs.
The decision has practical impact on condominium governance: boards can now pursue access rights with confidence that they will recover reasonable legal costs even in contested cases, making it more economically viable to enforce maintenance obligations in multi-unit residential properties. The court’s deference to detailed billing records without requiring full evidentiary hearings also streamlines the fee award process and encourages documented, professional cost-tracking by condominium counsel.