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.