People Ex Rel. Dept. of Public Aid v. Santos

Plaintiff, Streams Sports Club, Ltd., brought an action against condominium owner Donna Richmond (hereafter referred to as defendant) and others believed to have some interest in the condominium unit owned by defendant. A breach of contract was asserted, as well as a right to foreclose on a lien that plaintiff claimed arose because defendant refused to pay annual dues to the sports club. In the amended complaint, count I sought foreclosure pursuant to the Illinois Mortgage and Foreclosure Act (Ill. Rev. Stat. 1979, ch. 95, par. 23); count II sought for foreclosure pursuant to article 15 of the condominium declaration; and count III alleged a breach of contract. The circuit court of Du Page County granted defendants motion to dismiss, and plaintiff appealed on Page 185 counts II and III. The appellate court reversed the trial courts decision with respect to count II and count III (109 Ill. App.3d 689), and we granted leave to appeal (87 Ill.2d R. 315(a)).