Spanish Court Two Condominium Ass’n v. Carlson

This case presents question in Forcible Entry and Detainer Act action seeking possession of defendant’s condominium, as well as award of unpaid assessments, as to whether trial court properly struck defendant’s affirmative defense of justification in withholding said assessments due to plaintiff’s alleged breach of its duty to repair and maintain common areas of condominium building. Appellate Court, in partially reversing trial court, found that defendant could assert as affirmative defense said alleged breach of duty to repair common areas of condominium building and withhold assessments, but could not assert affirmative defense or withhold assessments arising out of any claim that plaintiff damaged defendant's condominium.