Financial Stability of Community Associations Protected in Illinois The Illinois Supreme Court recently overturned an appellate court ruling in the case of the Spanish Court Two Condominium Association vs. Carlson. In this case, the unit owner claimed they were not obligated to pay their assessments citing poor maintenance of the common property of the community. The court upheld the provisions of the Illinois Condominium Property Act. This ruling confirms that a unit owners liability for unpaid assessments is not contingent on the associations perceived performance. This ruling also recognizes the critical importance of the States Forcible Entry and Detainer Act. The act preserves the ability of an association to implement a quick method of collecting on delinquent assessments. This is vital to preserving both financial stability and the power of financial protection for community associations. Several Illinois law firms specializing in community association law played a role in supporting this outcome. The Community Association Institute and their Legal Action Committee were also very involved. This decision reverses an earlier Appellate court decision. It is hoped this will ensure the States courts will continue to expedite community association collection proceedings and that the Illinois Supreme Court ruling will have a national influence on behalf of common interest associations.
Posted on: Mon, 28 Apr 2014 16:06:55 +0000
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