Spanish Court Condominium Association v. Carlson
2014 IL 115342
| Ill. | 2014Background
- Spanish Court Two Condominium Association filed a forcible entry and detainer action against unit owner Lisa Carlson for unpaid assessments and sought possession plus money judgment.
- Carlson admitted nonpayment but asserted defenses: association failed to repair/maintain common elements (roof and brickwork above her unit) causing damage, destroyed property, and sought a set-off and counterclaim for damages.
- Spanish Court moved to strike those affirmative defenses as not "germane" to a forcible proceeding; the trial court struck the defenses and severed the counterclaim; the court later awarded possession and a money judgment.
- The appellate court reversed in part, holding a unit owner may assert that failure to repair common elements nullifies the duty to pay assessments (reinstating defenses relating to common elements, not to in-unit toilet repairs) and affirmed severance of the counterclaim.
- The Illinois Supreme Court granted review to decide whether an association’s failure to repair or maintain common elements is a germane defense in a forcible action for unpaid assessments.
Issues
| Issue | Plaintiff's Argument (Spanish Court) | Defendant's Argument (Carlson) | Held |
|---|---|---|---|
| Whether an association’s failure to repair/maintain common elements is germane to a forcible entry and detainer action for unpaid assessments (i.e., can it nullify the unit owner’s duty to pay)? | A unit owner’s duty to pay assessments is statutory and independent of the association’s upkeep duties; the Condominium Act forbids avoiding assessment obligations and requires quick collection procedures, so such a defense is not germane. | The owner’s duty to pay and the association’s duty to maintain are reciprocal contractual obligations; by analogy to landlord-tenant law (rent/habitability), a material breach by the association can excuse payment and is therefore germane. | Held: Not germane. A nullification defense based on failure to repair/maintain common elements is not a legally viable defense to a forcible action for unpaid assessments; trial court judgment affirmed in that respect. |
Key Cases Cited
- Jack Spring, Inc. v. Little, 50 Ill.2d 351 (1972) (tenant may defend forcible action by contesting rent obligation; whether rent is due is germane to possession).
- Rosewood Corp. v. Fisher, 46 Ill.2d 249 (1970) (matters attacking validity/enforceability of contract underlying possession are germane).
- Knolls Condominium Ass’n v. Harms, 202 Ill.2d 450 (2002) (discussing forcible statute application to condominium associations and the temporary nature of association possession).
- Clore v. Fredman, 59 Ill.2d 20 (1974) (landlord’s motive—retaliation—germane where statute/ordinance prohibits retaliatory eviction).
- Peoria Housing Authority v. Sanders, 54 Ill.2d 478 (1973) (issues bearing on whether rent is due are germane to forcible actions).
- Trustees of the Prince Condominium Trust v. Prosser, 592 N.E.2d 1301 (Mass. 1992) (concluding unit owners may not withhold lawful assessments as a set-off for grievances against the association).