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SPANISH COURT TWO CONDOMINIUM v. CARLSON

No. 115342.

12 N.E.3d 1 (2014)

2014 IL 115342

382 Ill. Dec. 1

SPANISH COURT TWO CONDOMINIUM ASSOCIATION, Appellant, v. Lisa CARLSON, Appellee.

Supreme Court of Illinois.

Rehearing Denied June 19, 2014.

Attorney(s) appearing for the Case

Diane J. Silverberg and Nicholas R. Mitchell , of Kovitz Shifrin Nesbit, of Buffalo Grove, for appellant.

Norman J. Lerum , of Chicago, for appellee.

Allan Goldberg , Hal R. Morris and Laura L. Marinelli , of Arnstein & Lehr LLP, of Chicago, for amicus curiae Community Associations Institute-Illinois Chapter.

OPINION

Justice THEIS delivered the judgment of the court, with opinion.

¶ 1 This appeal arises out of a forcible entry and detainer action filed by a condominium association against one of its unit owners based on unpaid assessments. At issue is whether an association's purported failure to repair or maintain the common elements is germane to the proceeding, and thus may be raised by the unit owner in defense of the forcible action. We hold that it...

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