Deceptive practices claim was made by MTCA last year

21-Nov-07 – Use of the association meeting room last year by unsuccessful board candidates resulted in a letter from MTCA accusing organizers of the event of deceptive trade practices. The two residents who rented the meeting room were accused of trying to pass off their event as an official MTCA function.

On March 20, 2006, resident Kathleen Gibbons requested reservation of the association meeting room for a social event on April 4. On April 3, resident Mark Ulaszek sent out an email announcing that five board candidates were hosting a “Town Hall Meeting” in the meeting room. “There has not been a town hall meeting in years and [this] will be an opportunity for you to voice your concerns.”

The email mentioned refreshments and snacks, followed by “open discussion on issues affecting our home and Marina City. All residents – owners and renters – are encouraged to attend.”

Later that same day, MTCA attorney Ellis Levin wrote a letter to Gibbons and Ulaszek, saying the email sent by Ulaszek “creates the false impression that the meeting…is an official meeting scheduled by the Marina Towers Condominium Association or its Board of Directors.”

Levin referred to the Illinois Uniform Deceptive Trade Practices Act that prohibits business practices that cause “likelihood of confusion or of misunderstanding” about goods or services.

Levin expressed further concern that if recipients of the email thought the event was an official MTCA meeting, this would conflict with a section of the Condominium Property Act that prohibits associations from showing a preference for any specific board candidates. He wanted Ulaszek to send out another email clarifying that the meeting was not endorsed by the MTCA.

To support his argument, Levin cited a 1973 appellate court case in which the operator of Edgewater Beach Apartments, built in 1928, brought suit against the owners of an apartment complex built next door in 1971. Edgewater Beach Management Company was developing the complex on property once occupied by the original Edgewater Beach Hotel, built in 1916 and demolished in 1967.

The first of the new buildings, built in 1968, was named “Edgewater Plaza” but the real confusion started three years later when the second building was named “Edgewater Beach.” The plaintiff said they were flooded with phone calls meant for the other “Edgewater Beach” apartment building. Furniture movers were confused. Newspaper articles called the new building “The Edgewater Beach Apartments.”

Google Street View shows Edgewater Beach Apartments (left) and the newer buildings to the south (upper right).

They wanted the new building renamed to avoid use of both words, “Edgewater” and “Beach.” The defendant said Edgewater Beach described a geographic location but the court ruled it was in fact a trade name deserving of protection.

Today, these buildings are known as Edgewater Plaza North and Edgewater Plaza South.