Illinois Appellate Ct Awards Homeowner Punitive Damages for Association’s Breach of Fiduciary Duty

In this case, an elderly homeowner suffered water damage to the interior of her condominium unit from a cause that she contended the association was responsible for. After the association repeatedly ignored her requests to remediate the water infiltration issue along with resulting mold issues and repair the damage, the owner was forced to incur expenses on her own account to remediate the problems and make the repairs. She then sued claiming an HOA breach of fiduciary duty and failure on behalf of the association to provide proper care, upkeep, replacement and improvement and sought damages for the expenses she incurred, interest, costs, attorney fees, and punitive damages.