Channon v. Westward Management, Inc.

Summary

The court held that section 22.1 of the Condominium Property Act does not create an implied private right of action for a condominium unit seller against a property manager that allegedly charged excessive fees for required disclosure documents. Applying the four-factor implied-right-of-action test and construing the statute de novo, the court concluded that section 22.1 was enacted primarily to protect prospective buyers, while any benefit to sellers was incidental. The court therefore answered the certified question in the negative, reversed the appellate court, and remanded to the circuit court.