{
  "id": 3242380,
  "name": "BOARD OF MANAGERS, COLONY WEST TOWNHOME OWNERS ASSOCIATION, Plaintiff-Appellee, v. SAM BUCALO, Defendant-Appellant",
  "name_abbreviation": "Board of Managers, Colony West Townhome Owners Ass'n v. Bucalo",
  "decision_date": "1979-03-14",
  "docket_number": "No. 78-329",
  "first_page": "287",
  "last_page": "289",
  "citations": [
    {
      "type": "official",
      "cite": "69 Ill. App. 3d 287"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
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      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "43 Ill. App. 3d 918",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        2722736
      ],
      "opinion_index": 0,
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        "/ill-app-3d/43/0918-01"
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  "last_updated": "2023-07-14T14:51:15.332188+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "BOARD OF MANAGERS, COLONY WEST TOWNHOME OWNERS ASSOCIATION, Plaintiff-Appellee, v. SAM BUCALO, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. PRESIDING JUSTICE ALLOY\ndelivered the opinion of the court:\nThis is an appeal from an order awarding attorney\u2019s fees to the plaintiff and as against defendant Sam Bucalo, in the amount of *598, plus costs. The only question raised on appeal is as to the amount of fees allowed by the trial court.\nThe action in the instant case arose from a small claims complaint in the Circuit Court of Will County to recover *580 in unpaid common area and maintenance assessments from a homeowner of a condominium in the Colony West Townhome Association. The jury had found that defendant owed the association the amount claimed and judgment was entered thereon. No question is raised as to that judgment. Thereafter, counsel for the association filed a petition for legal fees. On July 14,1978, the trial court entered an order allowing the attorney\u2019s fees in the sum of *598, plus costs.\nOn appeal in this court, defendant Bucalo seeks to raise two questions: Whether attorney\u2019s fees may be recovered by the plaintiff in this case and whether the award of attorney\u2019s fees in the case was totally unsupported by any evidence establishing the reasonable and customary basis for the fees allowed. No report of proceedings or agreed statements of facts in lieu thereof was filed in this court pursuant to Supreme Court Rule 323 (b), (e). It was not contested, that the declarations and covenants applicable to the homeowners association authorized payment of \u201creasonable attorney\u2019s fees\u201d in the event that an attorney was required to be employed to effect collection of assessments from a homeowner. Since there was no report of proceedings or statement in lieu thereof, we must assume that the record properly establishes the allowance of the assessments was properly sanctioned by virtue of the declarations and covenants which authorize such allowance, and that, so far as the record on appeal in this cause discloses, that judgment, entered by the trial court, which is not challenged, was proper.\nIt is asserted, however, and is not denied, that the attorney\u2019s fees were allowed without any evidence in support thereof and solely on the basis of the petition for fees filed by the plaintiff\u2019s attorney. It is contended that the allowance of such fees is unreasonable per se and that the allowance of fees was based solely on the petition of plaintiff\u2019s attorney which asserted that the fees, interest and costs in the amount of *605.10 should be allowed on behalf of the plaintiff. The affidavit in support of the petition for attorney\u2019s fees for services rendered, attached to the petition, sets out the provision regarding reasonable attorney\u2019s fees and contends the attorney\u2019s fees amounted to *598. There was no testimony or any indication of hours spent or other justification for the fees requested, other than that petitioners claim that the fees requested were in a reasonable amount.\nIn Larkin Bank v. Ishak (2d Dist. 1976), 43 Ill. App. 3d 918, 357 N.E.2d 840, the court had allowed attorney\u2019s fees of *1,550 in a confession of judgment action on a *25,000 note. The fee in the Larkin case was based on the minimum fee schedule of the Kane County Bar Association. The appellate court reversed in that case and stated (at page 921):\n\u201cAttorney\u2019s fees for legal services rendered should be based upon the circumstances of the case, including the time expended, the complexity of the issues presented, the work involved and the expertise of the lawyer. It is obvious that an attorney experienced in his field of law will require far less time in the preparation of his case or the completion of the legal work involved than an attorney recently admitted to the bar, thus his hourly charge will ordinarily be greater than that of an inexperienced lawyer.\u201d\nIn the instant case, no evidence regarding the attorney\u2019s fees was presented. Although this case involved a jury trial, it apparently involved only one day, May 5, 1978, without any indication of the time consumed in the trial on that day.\nIn view of the facts and circumstances in this case, we conclude that since no specific basis was established for the allowance of the attorney\u2019s fees, other than the claim as asserted, this cause should be remanded to the Circuit Court of Will County for the sole purpose of determining the proper amount of attorney\u2019s fees to be paid on behalf of plaintiff. On remand, no inquiry need or should be made as to whether or not attorney\u2019s fees are in fact payable nor should there be any further inquiry into the basis for the judgment for assessments entered in this case on behalf of plaintiff, but the sole inquiry should be as to the reasonable amount of attorney\u2019s fees to be allowed to plaintiff for services of plaintiff\u2019s attorneys with respect to the action involved in the instant case.\nFor the reasons stated, therefore, the judgment of the Circuit Court of Will County is affirmed as to the 580 assessments, together with interest and court costs, but is vacated as to the judgment in the sum of 598 for attorney\u2019s fees and this cause is remanded for the sole purpose of determining the amount of reasonable attorney\u2019s fees to be allowed to plaintiff as against defendant in this cause.\nAffirmed in part and judgment vacated and cause remanded for purpose of determining reasonable attorney\u2019s fees.\nSTENGEL and BARRY, JJ., concur.",
        "type": "majority",
        "author": "Mr. PRESIDING JUSTICE ALLOY"
      }
    ],
    "attorneys": [
      "Robert M. Gray, of Gray & Kleczek, P. C., of Joliet, for appellant.",
      "William McMenamin, of Kroesch Law Office, Ltd., of Joliet, for appellee."
    ],
    "corrections": "",
    "head_matter": "BOARD OF MANAGERS, COLONY WEST TOWNHOME OWNERS ASSOCIATION, Plaintiff-Appellee, v. SAM BUCALO, Defendant-Appellant.\nThird District\nNo. 78-329\nOpinion filed March 14, 1979.\nRobert M. Gray, of Gray & Kleczek, P. C., of Joliet, for appellant.\nWilliam McMenamin, of Kroesch Law Office, Ltd., of Joliet, for appellee."
  },
  "file_name": "0287-01",
  "first_page_order": 309,
  "last_page_order": 311
}