Siena at Old Orchard, L.L.C., et al. v. Siena at Old Orchard Condominium Association, et al.

Condominium declarations are contracts under Illinois law, but they can be amended by a 2/3 vote of the condo-unit owners—even without consent from anyone else. In this case the parties’ condominium declaration included an arbitration clause that applies to this dispute. But after this dispute arose, Respondents unilaterally deleted the arbitration provision, without Petitioners’ consent. The Illinois appellate courts applied the deletion retroactively and held that it excused Respondents from arbitrating this case. The question presented is whether a state may prohibit retroactive, unilateral expansions of arbitration agreements (as Illinois does) but enforce retroactive, unilateral deletions of arbitration agreements. Consistent with this Court’s approach in other arbitration cases, the Court may wish to consider summary reversal, or alternatively vacate the judgment below and remand in light of its decision in Kindred Nursing Centers, LP v. Clark, which was rendered after the opinion below in this case.