February 19, 2017 – A bill that would help unit owners who successfully sue their condo association has been re-introduced in the Illinois House of Representatives.

HB3755 would amend the Illinois Condominium Property Act to allow unit owners to recover “reasonable attorney’s fees and costs” if they are the “substantially prevailing party” in a lawsuit against their condo association, condo board, or any individual member. The law would also apply to arbitration.

A similar bill was introduced last year but quickly stalled. 58th District Representative Scott Drury (left), sponsor of the bill, says allowing a unit owner to recover attorney’s fees “evens the scales, which will reduce litigation because there will be skin in the game on both sides.”

Chicago attorney Norman Lerum, who wrote preliminary versions of the bill, says it would eliminate “abusive litigation tactics” by condo associations.

“If a board refuses to follow the law…the unit owner is faced with the prospect of spending crushing legal fees to overcome heavy-handed litigation tactics,” says Lerum (right). “Insurance companies pay for the board’s attorney’s fees with the strategy of wearing down the unit owner so the unit owner will never achieve a just result.”

The bill has been referred to the Rules Committee.