Spanish Court Condominium Association II vs. Carlson (Illinois)
Spanish Court Two filed a two-count Complaint for Possession of Condominium Unit and Assessments in the Nineteenth Judicial Circuit Court of Illinois against unit owner, Lisa Carlson and all Unknown Occupants. Based on Carlson’s failure to pay her association assessments, the association sought in of its Complaint the possession of Carlson’s condominium unit pursuant to the association’s Declaration of Condominium Ownership and of Easements, Restrictions and Covenants for Spanish Court II Condominium Development. Count II of the Complaint also sought possession, as well as monetary damages for breach of contract, in the amount of unpaid common expenses, late charges, interest and fines and attorneys’ fees. The Court granted the Association’s motion to sever the Counterclaim and to strike the affirmative defenses as not “germane” to the issue of possession.
On appeal, Carlson contended that the trial court had erred by striking her affirmative defenses and severing her identical counterclaim. In largely reversing the circuit court’s treatment of Carlson’s affirmative defenses and counterclaim, the Appellate Court made new law: that, in answer to community associations’ forcible entry and detainer complaints for possession based on unit owners’ unpaid assessments, defendant unit owners could now assert as a “germane” defense to possession their associations’ purported neglect of maintenance and repair obligations. The Appellate Court thereafter made only limited modifications to its Opinion in connection with its denial of the association’s subsequent petition for rehearing.
On March 6, 2013, an amicus brief submission was filed with the Illinois Supreme Court on behalf of CAI’s Illinois Chapter. The brief was filed with the intent to assist the court in its consideration of Spanish Court by placing the appellate court’s decision and ruling, which expanded the definition of “germane” under the Forcible Entry and Detainer Act, in a more complete context, including a discussion of the ramifications of the ruling on Illinois community associations. In late March 2013, leave was granted for CAI Illinois Chapter to file its brief. On September 17, 2013, the Illinois Supreme Court heard oral arguments in the case. In March of 2014, the Court ruled in favor of CAI’s position.
Brief: CAI's Amicus Brief
Prior Ruling: Appellate Court Decision
Status: Ruling for CAI's Position
CAI Amicus Brief Author: Arnstein & Lehr LLP
CAI Amicus Brief Review Committee: Michael Karpoff, Esq; David Ramsey, Esq; Stephen Marcus, Esq; Gary Kessler, Esq; Steven Sugarman, Esq.