The Chicago Tribune has an article about a Second District Appellate ruling, Spanish Court Two Condominium Association v. Lisa Carlson, that has remarkably altered the status quo in condominium law regarding a condo association's right, under the Forcible Entry and Detainer Act, to seize an owner's condo for failure to pay association assessments until, through rental of the property, the assessment arrears are satisfied. 2012 Ill. App. LEXIS 544, *7-8 (Ill. App. Ct. 2d Dist. 2012); 735 ILCS 5/9-111 (West 2010).
The novel issue in the case revolved around whether the owner can countersue and claim as an affirmative defense that the association's "failure to maintain the common elements of the property as required in the condominium instrument." Id. at *8.
The novel issue in the case revolved around whether the owner can countersue and claim as an affirmative defense that the association's "failure to maintain the common elements of the property as required in the condominium instrument." Id. at *8.
The Second Appellate District eventually reasoned through analogy to several cases that certain duties to repair common elements were sufficiently plead. Id. at *36-37. Some, like a malfunctioning toilet, were not germane to the common elements and therefore were not sufficient to contest the unpaid assessment issue. They would be valid grounds for a separate lawsuit.
The impacts of this case will certainly be most felt in the jurisdiction of the Second Appellate District which includes DuPage, Kane, Kendall, Lake and McHenry counties. However, the impact will also be felt throughout Illinois as attorneys on both sides of condominium litigation brace for the application of this case to their issues. Condo owners with an axe to grind against their Association may seem more incentive to withhold dues and fight in court over common element defects. Associations will want to prepare themselves and how they enforce their rights under the Forcible Entry and Detainer Act.
Nair Law represents both tenants and condo owners in litigation. We also have experience with the Residential Tenant Landlord Ordinance (RLTO) in Chicago and the local and state laws present in Illinois. From security deposits to denial of services, we can advise either side on their best options regarding all types of property disputes.
This ruling in the news is one of many changes in response to changing ownership structure in the real estate market. Nair Law will monitor these changes and keep you apprised.
The impacts of this case will certainly be most felt in the jurisdiction of the Second Appellate District which includes DuPage, Kane, Kendall, Lake and McHenry counties. However, the impact will also be felt throughout Illinois as attorneys on both sides of condominium litigation brace for the application of this case to their issues. Condo owners with an axe to grind against their Association may seem more incentive to withhold dues and fight in court over common element defects. Associations will want to prepare themselves and how they enforce their rights under the Forcible Entry and Detainer Act.
Nair Law represents both tenants and condo owners in litigation. We also have experience with the Residential Tenant Landlord Ordinance (RLTO) in Chicago and the local and state laws present in Illinois. From security deposits to denial of services, we can advise either side on their best options regarding all types of property disputes.
This ruling in the news is one of many changes in response to changing ownership structure in the real estate market. Nair Law will monitor these changes and keep you apprised.
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