Thursday, February 28, 2013

State Supreme Court holds key to condo assessment case -

State Supreme Court holds key to condo assessment case -
This is firewalled and requires registration, but it is a good story.  Thanks for the link to Trib reporter Pam McKuen, who really knows her stuff. Illinois treats condo owners as if they were tenants for assessment collection purposes, allowing associations to evict them using the housing court that landlords use. So--isn't turnabout fair play? Shouldn't owners be allowed to use "repair and deduct" just like tenants do?  If you want a copy of the appellate court opinion that is now being appealed to the Illinois Supreme Court, send me a private email at "ecmlaw at gmail dot com".

"When Lisa Carlson stopped paying her condominium assessments nearly four years ago, she never expected that her legal battle over a leaky roof, bulging drywall and cracked ceilings would wind up before the state Supreme Court.
An appeals court paved the way, ruling that Carlson, of Highland Park, could use her condo board's alleged failure to repair the roof as a defense against its efforts to evict her.
"I stopped paying my assessments because the bottom line is that the board refused to fix the water damage," Carlson said. "To me this has become a cause. This is about more than me."
The case has captured the attention of state and national condo association organizations worried that an Illinois Supreme Court decision in Carlson's favor will make it much more difficult to collect fees from recalcitrant residents."

The case is:

SPANISH COURT TWO CONDOMINIUM ASSOCIATION, Plaintiff and Counterdefendant-Appellee and Cross-Appellant, v. LISA CARLSON, Defendant and Counterplaintiff-Appellant and Cross-Appellee.

No. 2-11-0473


2012 IL App (2d) 110473; 979 N.E.2d 891; 2012 Ill. App. LEXIS 924

June 27, 2012, Opinion Filed

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