Recurring sewage backups did not restart the Illinois five-year clock
Recurring sewage backups did not restart the Illinois five-year clock
2026-09-10 · Illinois · Courts
What happened. On April 30, 2025 the Illinois Appellate Court, First District, Third Division, affirmed summary judgment for the association in Narkiewicz-Laine v. Thorndale Beach North Condominium Ass'n, 2025 IL App (1st) 232259-U. It is a Rule 23 order and is not precedential. The Illinois Supreme Court denied leave to appeal on September 24, 2025, No. 131892.1
The owner sued for breach of fiduciary duty and breach of contract over repeated kitchen-waste and sewage backups.
Two holdings on timing
Accrual. The claims accrued when the owner knew or reasonably should have known of the injury — not when he appreciated its full consequences. Recurring later backups did not restart the clock, because the original problem was never resolved. The limitations period is the five-year one at 735 ILCS 5/13-205.
Revival. Section 735 ILCS 5/13-207 — which revives an otherwise time-barred claim asserted as a counterclaim against a party who sues you — did not save the claims, because they were already time-barred when the association filed its earlier fee complaint.
The court did not need to reach the association's alternative argument that a counterclaim in a possession action is improper under 735 ILCS 5/9-106.
The trap, stated plainly
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