Hidden Grove Condominium Ass'n v. Crooks

The plaintiff, Hidden Grove Condominium Association (Association), brought an action against the defendant, Katherine Crooks, to recover past-due association fees and late charges. The trial court awarded the Association $1,696.21. On appeal, Crooks claims that the Association’s late charge for failure to make timely assessment-fee payments is an unenforceable penalty. We agree. Accordingly, we reverse and remand.

FACTS

The Association is the governing body of a condominium apartment complex located on 38th Street in Rock Island, Illinois. Under its bylaws, the Association assesses its members…