Board of Directors of Kennelly Square Condominium Ass'n. v. Mob Ventures

In Board of Directors of Kennelly Square Condominium Ass'n. v. Mob Ventures, L.L.C., 359 Ill. App. 3d 991, 836 N.E.2d 115, 296 Ill. Dec. 700 (2005), the board brought suit, and a few unit owners sought to file an intervening complaint. Kennelly, 359 Ill. App. 3d at 992-93. Although the board did not challenge the owners' right to sue, defendants did. Kennelly, 359 Ill. App. 3d at 993. The board sued a commercial tenant alleging nuisance; and four individual owners filed a complaint seeking to intervene in the board's suit. Kennelly, 359 Ill. App. 3d at 992-93. The Court permitted defendants to assert the issue of exclusive authority, even though that authority belonged to the board. Kennelly, 359 Ill. App. 3d at 993-94. This court recognized that defendants had an interest in preventing multiple suits against them. Kennelly, 359 Ill. App. 3d at 995-96. The Court held that "the unit owners had no standing to bring their action where the Board had filed a claim on their behalf." Kennelly, 359 Ill. App. 3d at 995; The issue in Kennelly was whether the unit owners had standing. Kennelly, 359 Ill. App. 3d at 994.