Knolls Condominium Ass'n v. Harms

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 judgment for possession in favor of the condominium association. The appellate court reversed, with one justice dissenting. 326 Ill. App. 3d…