Westward360 Lawsuit: Key Cases and BBB Complaints

Westward360, the Chicago-based property management company that oversees more than 1,000 communities, has been the subject of several lawsuits, the most significant being a class action over condo seller disclosure fees that reached the Illinois Supreme Court in 2022. The company has also been named in a dismissed federal case, a pending breach of contract suit in Cook County, and dozens of Better Business Bureau complaints centered on fees, billing, and unresolved maintenance.

Channon v. Westward Management: The Condo Disclosure Fee Class Action

The largest legal matter involving the company began in 2019, when Harry and Dawn Channon sued Westward Management, Inc., a Westward360 predecessor that managed the Kenmore Club Condominium Association in Chicago. The Channons alleged that a $245 fee the company charged for producing resale disclosure documents exceeded what Illinois law allowed, and they sought to represent a class of similarly charged condo sellers.1Illinois Courts. Channon v. Westward Management, Inc., 2022 IL 128040

The claim turned on Section 22.1 of the Illinois Condominium Property Act. When a condo unit is resold, the seller has to obtain a package of financial and legal disclosures about the association from the association or its management agent. The statute caps the fee for producing that package at $375, with an extra $100 permitted for rush service, and requires the documents within 10 business days of a written request.2Illinois General Assembly. 765 ILCS 605/22.1 The Channons said the $245 they paid was more than the company’s actual costs to produce the paperwork.

How the Lower Courts Ruled

The case was filed in Cook County Circuit Court. Westward Management tried to remove it to federal court, estimating that the proposed class covered hundreds or thousands of sellers and more than $5 million in disputed fees, but the case went back to state court.3Illinois Courts. Channon v. Westward Management, Inc., No. 128040 The circuit court declined to dismiss the claim, and in December 2021 the Illinois Appellate Court agreed with the sellers, holding that Section 22.1 gave condo sellers an implied right to sue property managers who acted as agents for the association and overcharged for disclosures.4ISBA. Channon v. Westward Management, Inc.

The Illinois Supreme Court Reversal

On November 28, 2022, the Illinois Supreme Court reversed. Justice Carter wrote that Section 22.1 does not create an implied private right of action for sellers, because the statute was designed to protect prospective buyers of condo units rather than the sellers producing the disclosures.5ISBA. Channon v. Westward Management, 2022 IL 128040 Since the Channons were sellers, they were outside the class the law was written to protect, and the court held they could not sue under it.6FindLaw. Channon v. Westward Management, Inc.

The court sent the case back to the circuit court with the class action theory foreclosed, and it denied a petition for rehearing in January 2023.1Illinois Courts. Channon v. Westward Management, Inc., 2022 IL 128040 The ruling was expected to end similar pending cases that had been held while the Supreme Court considered the question. For sellers who believe they were overcharged, the practical effect is that Illinois state law no longer supplies a direct route to sue the management company; complaints have to go through the association or other channels.

Wereko v. Westward360: Federal Case Dismissed

In 2023, Vanessa Wereko, a Chicago condo owner, filed a federal lawsuit that named Westward360, the Greenview Gardens Condominium Association, association board members, the association’s attorney, and several Illinois judges and court employees.7Midpage. Wereko v. Westward360

The dispute grew out of an earlier state court collection case that the association, managed by Westward360, filed against Wereko in January 2020 seeking possession of her unit and unpaid assessments. An eviction order was entered in January 2021, a money judgment followed in February 2021, and the Illinois Appellate Court affirmed both rulings in January 2022.7Midpage. Wereko v. Westward360

Representing herself, Wereko then went to federal court with claims under the Fair Debt Collection Practices Act, the Fair Housing Act, Title VII, and various civil rights statutes, along with broader allegations of corruption and due process violations. On May 13, 2024, Judge LaShonda A. Hunt dismissed the case, ruling that the federal court lacked jurisdiction under the Rooker-Feldman doctrine, which bars federal courts from effectively reviewing state court judgments.7Midpage. Wereko v. Westward360 The dismissal was without prejudice, and Wereko was given until June 3, 2024, to file an amended complaint limited to claims that did not challenge the state court proceedings.

Bentham v. Westward 360: Pending Cook County Case

In August 2024, Lyndsey Irena Bentham filed a breach of contract case against Westward 360 and Dante Williams in the Cook County Circuit Court. The case was assigned to Judge Elizabeth A. Walsh, with a case management hearing scheduled for October 2024. Bentham filed without an attorney.8Trellis Law. Lyndsey Bentham vs Westward 360, Dante Williams Etal The public docket does not describe the specific contract claims, and no outcome is reflected in the available record.

BBB Complaints Against Westward360

Outside of court, Westward360 has drawn a steady flow of Better Business Bureau complaints. The BBB profile shows 82 complaints filed in the past three years, 46 of them closed in the most recent 12 months. Of those 82, 73 were marked “Answered,” meaning the company responded but the customer did not confirm resolution. Nine were marked “Resolved.”9BBB. Westward360 BBB Complaints

Service or repair issues accounted for 40 complaints, billing issues for 16, product issues for 11, and order issues for 9. The specific grievances fell into a few recurring patterns:

  • HOA boards accusing the company of failing to file insurance claims, double-paying vendors after contracts ended, and not producing updated budgets for multiple years. One board sought more than $30,000 in refunds tied to unfiled insurance claims and erroneous landscaping payments.
  • Tenants and owners reporting unauthorized autopay withdrawals, charges they described as “illegal fees” for building liability and credit reporting, and difficulty obtaining refunds.
  • Unresponsive property managers, staff lacking authority to resolve problems, and inconsistent information given to attorneys and loan officers at closing.
  • Unresolved ceiling leaks, flooding, fire damage, broken locks, and exterior lighting.10BBB. Westward360 BBB Complaints

One complaint centered on $1,340 in “express fees” charged by a third-party vendor called Homewise for closing documents. The complainant said Westward360 gave conflicting information to their attorney and loan officer. The company replied that the fees were standard for transfer administration and that all documents were delivered on time.10BBB. Westward360 BBB Complaints The pattern of fee disputes runs parallel to the legal question at the heart of Channon, where the underlying allegation was that the company’s document fees ran higher than the statute allowed.