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.