An Illinois design committee banned vinyl windows and owed the builder nothing
An Illinois design committee banned vinyl windows and owed the builder nothing
2026-09-10 · Illinois · Courts
What happened. On December 1, 2025 the Illinois Appellate Court, Second District, affirmed dismissal in Silverthorne Development Co. v. Sycamore Creek Homeowners Ass'n, 2025 IL App (2d) 240703-U. It is a Rule 23 order and is not precedential.1
A homebuilder sued the association, a rival builder and its principal after the association's Design Review Committee adopted a rule banning vinyl windows — allegedly destroying the plaintiff's prospects of building in the subdivision.
Why every claim failed at the pleading stage
Dismissal under 735 ILCS 5/2-615 was affirmed on all counts:
Tortious interference with business expectancy — no sufficiently concrete expectancy. The builder's hope of future contracts with unidentified future buyers is not the kind of expectancy Illinois law protects.
Civil conspiracy and concert of action — no facts establishing the rival principal's actual or implied authority, so his conduct could not be imputed to his company. And with no predicate tort, the conspiracy count had nothing to attach to.
The rule for boards
A design committee may change materials standards without incurring tort liability to a builder whose business model depends on the old standard.
Keep reading with the Illinois State Pass
The rest of this analysis — what an association can actually do, the recent bills and rulings, and how Illinois compares nationally — is for subscribers. $49/month for every Illinois topic on HOA Weekly.
$49/month, $449/year, or a $19.99 day pass.
What you unlock
- The important qualification
- The other lesson: concrete expectancy is hard in Illinois real estate
- What a board can do when tightening standards
and 1 more section in detail
Already a subscriber? Sign in
Recurring monthly subscription · Cancel anytime · Need help?
Related Illinois HOA Topics
Stay on top of Illinois HOA law
Every week: new Illinois legislation, court rulings, and regulatory developments affecting condos, planned communities, and property managers. Free.
No spam. Unsubscribe anytime.