Kovitz Shifrin Nesbit is Successful Before the Illinois Supreme Court

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Kovitz Shifrin Nesbit

February 11, 2015

In Spanish Court Two Condominium Association v. Carlson, argued by KSN litigation principal Diane Silverberg, the Illinois Supreme Court has ruled that a unit owner’s claim that her association failed to repair and maintain the common elements is not a viable or “germane” defense to payment of assessments.  In so holding, the Court observed that the provisions of the Illinois Condominium Property Act “demonstrate that a unit owner’s liability for unpaid assessments is not contingent on the  association’s performance.”

KSN is pleased with the Supreme Court’s ruling and it’s recognition that the necessity of a “quick method” for collection of past-due assessments, as the State’s Forcible Entry and Detainer Act created, is critical to an association’s ability to function.  Ms. Silverberg believes that the Supreme Court Opinion will ensure that the State’s courts can continue to expedite condominium association collection proceedings.

Please visit the KSN website www.ksnlaw.com for a more detailed analysis of the Supreme Court’s decision, currently in the works.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collectionslandlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

This article is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By reading this article you understand that there is no attorney client relationship between you and the article author. This article should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. © 2023 Kovitz Shifrin Nesbit, A Professional Corporation.

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