Condo Law Watch

Illinois Supreme Court Rules on Spanish Court Two Condominium Association v. Carlson

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The Illinois Supreme Court has overturned the prior ruling in Spanish Court Two Condominium Association v. Carlson. The Supreme Court rejected a decision from the Second Appellate District.  The Court has disagreed and has held that owners may not assert that an association failed to maintain the common elements as a defense to an assessment collection lawsuit.  This means that unit owners may not claim that they are due any reduction or offset for alleged failures to maintain common elements as defenses in a forcible entry and detainer lawsuit to recover unpaid assessments and possession of a unit

The prior decision held that unit owners could assert a claim for setoff or deduction in a condominium assessment collection forcible entry and detainer lawsuit.  This, effectively, allowed unit owners to claim that their balance due should be reduced if an association failed to maintain the common elements.  This decision today changes that and removes this issue from consideration in a forcible entry and detainer action to collect assessments.

We will have more to come in a law alert with greater discussion of the decision.  As of today, this is very positive news for Illinois Condominium Associations.

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