The Trusted Adviser August 2009 | Volume 2 - Number 6

ATTORNEYS | Practice Notes




Glickman v Teglia, 388 Ill App 3d 141, 902 NE2d 1256, 327 Ill Dec 870 (1st D 2009).

Facts:Bridgette Glickman resided in the 4600 South Indiana Condominiums. The condominiums were developed by Richard Teglia (the developer) and governed by the 4600 South Indiana Condominium Association (the association). While the association was created in 2003 and performed such acts as purchasing an insurance policy and entering into contracts for various services, its board of directors was not elected until March 2005. In the meantime, as prescribed by Illinois statute at 765 ILCS 605/18.2, the developer performed the duties of the association's board of managers.

Glickman suffered injury in January 2005 when she slipped and fell on ice in a stairwell that is included within the common areas of the condominium. She sued the developer and the association under the theory that the design of the gutters and drain pipes was negligent and that the association was further negligent in failing to maintain the property. The association filed a motion to dismiss under the theory that it had no legal duty to Glickman until its board of managers was elected. The trial court granted this motion and Glickman appealed.

Holding:Reversed and remanded. The statutes provide that the developer assumes the association's duties until a board of managers is elected. While the trial court found the language of the statute to mean that, until that time, only the developer owed Glickman a duty, the appellate court read it differently. The appellate court combined the statutes to ascertain the exact relationship between the association and the developer. It concluded that the association had a duty to maintain the public areas. It further concluded that the board of managers exercises the powers, duties, and authority on behalf of the association. As a result, when the developer assumes the rights, powers, duties and obligations of the board of managers prior to its election, the developer is exercising those, as the board of managers would, on behalf of the association. Therefore, if the developer acted negligently in maintaining the common areas of the condominium, he did so as an agent of the association. Under this formulation, Glickman may sue the association for negligence, thereby requiring the remand of the case for further proceedings.






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[Last update: 7-27-09]