KNOLLS CONDOMINIUM ASS'N v. HARMS

No. 92971.

781 N.E.2d 261 (2002)

202 Ill.2d 450

269 Ill.Dec. 464

KNOLLS CONDOMINIUM ASSOCIATION, Appellant, v. Mary E. HARMS, Appellee.

Supreme Court of Illinois.

November 21, 2002.


Attorney(s) appearing for the Case

Steven P. Bloomberg, David J. Freeman, of Moss & Bloomberg, Ltd., Bolingbrook, for appellant.

William A. Lester, Lombard, for appellee.

Richard W. Hillsberg, of Kovitz, Shifrin & Nesbit, Buffalo Grove, for amicus curiae Association of Condominium & Townhome Associations.


Justice THOMAS delivered the opinion of the court:

The issue in this case is whether a condominium unit owner can assert the homestead exemption contained in section 12-901 of the Code of Civil Procedure (the Code) (735 ILCS 5/12-901 (West 2000)) as an affirmative defense to a condominium association's action in forcible entry and detainer brought because of the unit owner's nonpayment of maintenance assessments. The circuit court of Du Page County answered this question...

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