100 Roberts Road Business Condominium Association v. Khalaf

Illinois Appellate Court
Civil Court
Condominiums
Citation
Case Number: 
2013 IL App (1st) 120461
Decision Date: 
Thursday, September 19, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Reversed and remanded with directions.
Justice: 
HOWSE
(Court opinion corrected 9/25/13.) Condo association filed forcible entry and detainer suit, claiming that condo owners had failed to pay common assessments due for a business condo for six years. Court entered judgment against Defendants but reduce award based on failure to mitigate damages. Existence of dispute between owners of condo is not a valid defense to forcible entry and detainer action to collect past-due assessments. Improper motive is pertinent only to retaliatory eviction case.(McBRIDE and TAYLOR, concurring.)