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12/22/87 Carl Sandburg Village v. Carl Sandburg Village

December 22, 1987

CARL SANDBURG VILLAGE CONDOMINIUM ASSOCIATION NO. 1 ET AL., PLAINTIFFS-APPELLANTS

v.

CARL SANDBURG VILLAGE CONDOMINIUM HOMEOWNERS' ASSOCIATION ET AL., DEFENDANTS-APPELLEES (FAULKNER HOUSE



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION

Condominium Association et al., Defendants-Appellants; First Condominium

Development Company et al.,

Intervening, Defendants-Appellees)

No. 86-3480

530 N.E.2d 40, 175 Ill. App. 3d 1, 125 Ill. Dec. 122 1987.IL.1900

Date Filed: December 22, 1987; Modified on Denial of Rehearing October 18, 1988.

Appeal from the Circuit Court of Cook County; the Hon. Harold A. Siegan, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE SCARIANO delivered the opinion of the court. BILANDIC and EGAN, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE SCARIANO

The dispute in this case is over who has the right and responsibility to control, maintain, and repair certain concrete structures located in Carl Sandburg Village (the Village) in Chicago, Illinois. The Village is governed both by individual condominium associations and a "master" or "umbrella" homeowners' association (hereinafter HOA), the latter consisting of representatives from each of the individual associations. Plaintiffs filed a complaint seeking a declaratory judgment that the individual associations have the right and responsibility referred to above. Several of the defendants filed counterclaims alleging that HOA has such authority and duty and that the plaintiffs were equitably estopped from claiming otherwise. On cross-motions for summary judgment, the circuit court ruled that the HOA had the right and obligation to administer and repair these structures.

Carl Sandburg Village consists of nine condominium buildings, 60 townhouses scattered throughout the Village, shops, and recreational facilities, all of which are connected by a series of unenclosed walks, malls, paths, driveways, and public streets. The malls cover approximately seven acres, and underneath the condominium buildings and the malls there are parking garages. The ceilings of the garages also forms the bottom part of the malls. The garages are attached by entryways to adjoining condominium buildings, but there is no garage for townhouse owners. The condominium unit owners each own a proportionate share of the garage adjoining their building.

The issue here focuses upon the parking garages and related structures, including the concrete slabs above the garages (which also function as garage roofs), the concrete columns supporting the garage roofs, and the perimeter metal slip-type expansion joints (located where the concrete slabs abut the buildings), along with the adjacent driveways and sidewalks. The foregoing items were referred to in the complaint as "concrete structures," and the same expression will be used herein as a neutral, convenient description of the subject items. The appellees object to the creation of a term not in the controlling documents which they assert is self-serving. They suggest the word "malls," but we believe that to use the term "malls" would be just as self-serving as if we were to call them "parking garages," as certainly the appellants would prefer; therefore, in this opinion we shall use the less contentious term "concrete structures."

The nine condominium buildings are governed by six individual associations established pursuant to the Condominium Property Act (Ill. Rev. Stat. 1985, ch. 30, par. 301 et seq.); the townhouse owners have their own association. Each unit owner is a member of one of the seven individual associations and also a member of the HOA. The HOA has a 14-member ...


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