Ebert v. Nassau Terrace Condominium, Inc

In Ebert v. Nassau Terrace Condominium, Inc., 145 Ill. App. 3d 468, 495 N.E.2d 1063, 99 Ill. Dec. 328 (1986), the Court examined the interrelationship between the various bodies indicated in the statute and determined that "a claim against the unit owners, the association, the board of managers, or the developer, if acting in his capacity as their agent, would be a claim against all of them prior to the election of the board." Ebert, 145 Ill. App. 3d at 472, 495 N.E.2d at 1066. The question of agency was at issue in Ebert because it was alleged that the developer entered into a contract as the agent of the unincorporated association. The Court held that its "analysis of all of section 18.2 of the Act discloses that the developer, absent other facts indicating the contrary, acts as an agent or on behalf of the owners of units of an unincorporated association from the date of declaration until the election of the initial board." Ebert, 145 Ill. App. 3d at 472, 495 N.E.2d at 1066.