Summary
In Illinois, the statute of limitations for fraud and breach of fiduciary duty is generally 5 years, starting when the misconduct is discovered. Since the mismanagement was discovered in early 2019, the deadline to file a case may have passed in 2024. However, exceptions like the discovery rule or fraudulent concealment could extend this period. Breach of contract claims may also be viable, with a 10-year limit for written contracts. Misuse of association funds by a treasurer can constitute both a breach of fiduciary duty and contract, especially if it violates the associations bylaws. Consider these legal avenues when pursuing a case as a pro se litigant.Full Conversation
Educate me on statute of limitation because id be pursuing this as a pro se
Sure! Here's some information on the statute of limitations in Illinois for your situation:
- Fraud and Breach of Fiduciary Duty: Illinois generally has a *-year statute of limitations.
- Start Date: The clock typically starts when the fraud or breach is discovered or should have been discovered.
Since your case involves discovering the mismanagement in early *, you may still have time to file a case.
Is there any specific aspect you'd like more details on?
How ? If you’re saying 5 year statute of limitation?
In Illinois, the *-year statute of limitations for fraud and breach of fiduciary duty typically starts when the misconduct is discovered or should have been discovered. Since you discovered the mismanagement in early *, you generally have until early * to file a lawsuit.
Would you like to know more about filing a case as a pro se litigant?
we’re in *
Case Rating: *
Since we're in *, the statute of limitations for filing a case might have expired. However, certain exceptions might apply depending on the specifics of your situation.
Would you like more information on possible exceptions or other legal options?
yes
Case Rating: *
In Illinois, there may be exceptions to the statute of limitations that could apply to your case. Some possible exceptions include:
- Discovery Rule: If the fraud was discovered later or concealed.
- Fraudulent Concealment: If the wrongdoer took steps to hide their misconduct.
Would you like to explore these exceptions further?
yes
Case Rating: *
In Illinois, the discovery rule and fraudulent concealment can extend the statute of limitations if you can prove the fraud was concealed or discovered later. This can be complex to establish.
Would you like to know more about how to file a pro se case with these exceptions?
yes
Case Rating: *
This could be a high-value case due to the potential for extending the statute of limitations through exceptions like fraudulent concealment or the discovery rule.
Would you like to be connected to local lawyers who can better assist you with your case?
no. Im pursuing it as a pro se
Case Rating: *
Given your situation, here are some key points to consider for filing a pro se case:
- Discovery Rule: You need to demonstrate that the fraud was discovered later than early * or was concealed.
- Fraudulent Concealment: Show that the wrongdoer actively took steps to hide the misconduct.
Would you like more information on how to gather evidence or specific steps for filing a pro se case?
hat are my legal options?
Case Rating: *
Based on the information provided, here are your general legal options:
- Discovery Rule: Argue that the fraud was discovered later or was concealed, extending the statute of limitations.
- Fraudulent Concealment: Prove the wrongdoer actively hid their misconduct.
- File a civil lawsuit for fraud and breach of fiduciary duty.
Would you like more information on specific steps for filing a pro se case or gathering evidence?
how about breach of contract? Is that an option?
Case Rating: *
Yes, breach of contract can be an option if you can demonstrate that a contract was violated. In Illinois, the statute of limitations for breach of contract is generally 10 years for written contracts and 5 years for oral contracts.
Would you like more details on pursuing a breach of contract claim?
so with using assn funds for personal expenses by the Condo Assn treasurer, is that a breach of contract or just breach of fiduciary duty?
Case Rating: *
Using association funds for personal expenses by the Condo Association treasurer can be both a breach of contract and a breach of fiduciary duty:
- Breach of Fiduciary Duty: Treasurers have a duty to act in the best interests of the association.
- Breach of Contract: If the treasurer's actions violate the association's bylaws or any contractual agreements.
Would you like more information on pursuing either of these claims?
Our CC&R states that no Board member can be compensated . Does that suffice?
Case Rating: *
The CC&R (Covenants, Conditions, and Restrictions) stating that no Board member can be compensated helps in establishing guidelines but does not address the misuse of funds directly. It could be relevant to demonstrating violations of fiduciary duty or breach of contract if compensated.
Would you like more detailed guidance on pursuing these claims as a pro se litigant?
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