Knolls Condominium Ass'n v. Harms

The issue in this appeal is whether an estate of homestead asserted by a condominium unit owner who is in arrears on condominium assessments is a defense to a condominium association’s action in forcible entry and detainer. The circuit court ruled that an estate of homestead is not a defense to a forcible entry and detainer action in such circumstances. We reverse the ruling.

On December 27, 1999, the plaintiff, Knolls Condominium Association, filed a complaint in forcible entry and detainer against the defendant, Mary E. Harms. The complaint alleged that the plaintiff was entitled to…