(Drury, D-Highwood) amends this Article for actions for possession for unpaid condominium expenses. A unit owner may raise as defenses: (1) a material breach of any duty set forth in the Condominium Property Act, governing condominium instruments, rules and regulations, or any applicable statute or ordinance applicable to the unit owner’s possession of the condominium unit; or (2) an improper motive for bringing the action. It also bars an association from recovering any attorney’s fees and costs against a unit owner if the association is found by a court to have breached an obligation under this Article or the Condominium Property Act; or in the case of any member of the association’s board of managers, he or she is found to have breached a fiduciary duty to the unit owner or the association. Introduced and referred to House Rules Committee.
Topic:
Forcible entry and detainers and condos