Wednesday, April 09, 2014
This is final stage of the Spanish Court Two v. Carlson case. Illinois is the only state (to the best of my knowledge) that allows condo associations to collect overdue assessments using forcible entry and detainer actions in Housing Court, the same as the landlords who are doing the same to tenants who haven't paid rent. But renters are sometimes allowed to "deduct and repair," or even refuse to pay rent at all, if the landlord has breached the lease. Can condo owners do likewise? No. Even though the association can treat the owner like a tenant by bringing a forcible action, the unit owner can't assert this tenant-type of defense. Sauce for the goose is not for the gander. Thanks to Fred Pilot for letting me know this decision came down at last.