Knolls Condominium Ass'n v. Harms

Docket No. 92971–Agenda 30–September 2002.

KNOLLS CONDOMINIUM ASSOCIATION, Appellant, v. MARY E. HARMS, Appellee.

Opinion filed November 21, 2002.

The issue in this case is whether a condominium unit owner can assert the homestead exemption contained in section 12–901 of the Code of Civil Procedure (the Code) (735 ILCS 5/12–901 (West 2000)) as an affirmative defense to a condominium association’s action in forcible entry and detainer brought because of the unit owner’s nonpayment of maintenance assessments. The circuit court of Du Page County answered this question in the negative and entered…