In the case of 832 Oakdale Condo. Ass’n v. McBride, 2025 IL App (1st) 240834-U, an Illinois appellate court reaffirmed that during an eviction proceeding, Illinois Courts will consider only those issues relevant to a condominium association’s right to possession based on unpaid assessments. Illinois Courts will not consider other claims alleged by a unit owner as a defense to non-payment of condominium assessments. The 832 Oakdale Condo. Ass’n v. McBride case cannot be cited as binding authority, as it is an unpublished opinion filed under Illinois Supreme Court Rule 23.
In McBride, a condominium association filed a two-count eviction complaint (“Eviction Complaint”) against a unit owner for failure to pay assessments. Through its Eviction Complaint, the condominium association sought possession of the unit and a money judgment against the unit owner. In defense of the Eviction Complaint, the unit owner filed an answer, affirmative defenses, and two counterclaims (breach of fiduciary duty and violation of Section 19(b) of the Illinois Condominium Property Act (765 ILCS 605/19(b)) against the condominium association.
The unit owner’s counterclaims were ultimately stricken by the trial court, and an eviction order (awarding possession of the unit and a money judgment) was entered against the unit owner and in favor of the condominium association. The trial court’s ruling was later affirmed by the appellate court.
Case Background
Bridget McBride (“McBride”) was a unit owner at the 832 Oakdale Condominium Association (“Condominium Association”). The Condominium Association is governed by its Declaration and the Illinois Condominium Property Act (765 ILCS 605/1 et seq.) As a unit owner, McBride was obligated to pay her proportionate share of the Condominium Association’s common expenses. In August 2021, the Condominium Association filed its Eviction Complaint against McBride for failure to pay her assessments.
McBride filed an answer and affirmative defenses denying that she owed any unpaid assessments. In addition, McBride filed two counterclaims against the Condominium Association. In her first counterclaim, McBride alleged that the Condominium Association breached its fiduciary duty when it passed a special assessment. In her second counterclaim, McBride alleged that no assessments are due because the Condominium Association violated Section 19(b) of the Illinois Condominium Property Act when it failed to allow McBride to inspect the Condominium Association’s books and records upon request.
The Condominium Association filed a motion to strike (dismiss) McBride’s counterclaims. After a hearing, the trial court granted the Condominium Association’s motion to strike, and McBride’s counterclaims were dismissed. McBride then filed a motion requesting that the trial court reconsider its earlier ruling and permit her to proceed with her counterclaims. Specifically, McBride argued that her counterclaims “may be germane” (relevant) to the eviction case, and that the trial court could not resolve the eviction case against her without considering the allegations in her counterclaims.
On the day the trial began, the trial court entered an order denying all of McBride’s pending motions and ordering that all questions asked of witnesses at the trial must be “germane to the issue of possession.” After trial, the trial court entered an eviction order against McBride and in favor of the condominium Association, awarding possession of McBride’s unit to the Condominium Association and awarding the Condominium Association the sum of $24,434.75 (consisting of unpaid assessments, attorneys’ fees, and court costs). Following additional post-judgment motions being denied, McBride filed a timely appeal of the trial court’s ruling.
The Appellate Court Rules in Favor of the Condominium Association
One of the substantive issues on appeal was whether the trial court erred by striking McBride’s counterclaims against the Condominium Association. On appeal, McBride argued that her counterclaims were “germane” to the eviction proceedings and should not have been stricken. The Appellate Court affirmed the trial court’s decision to strike McBride’s first counterclaim for breach of fiduciary duty on procedural grounds.
As to McBride’s second counterclaim alleging a violation of Section 19(b) of the Illinois Condominium Property Act, the Appellate Court began its analysis by citing to the case of Spanish Court Two Condominium Ass’n v. Carlson, 2014 IL 115342, where the Illinois Supreme Court addressed whether a condominium association’s failure to maintain common elements was germane to an eviction proceeding based on unpaid assessments. In that case, the Illinois Supreme Court opined as follows:
“a unit owner’s liability for unpaid assessments is not contingent on the association’s performance.” To this end, “[t]he unit owner cannot ‘avoid’ the duty to pay assessments, i.e., the duty cannot be annulled, vacated, defeated, or invalidated…, and the association cannot refrain from enforcing that obligation.” “Accordingly, a unit owner’s claim that its obligation to pay assessments was nullified by the association’s failure to repair and maintain the common elements is contrary to the Act and is not a viable defense.”
In relying on the Illinois Supreme Court’s opinion in the Spanish Court Two Condominium Ass’n case, the Appellate Court found that although McBride’s counterclaim alleging that the Condominium Association violated the Condo Act by failing to abide by its recordkeeping obligations was an issue about whether the Condominium Association performed its obligations in accordance with the law (to keep detailed records and make them available to a unit owner upon request); that issue is not germane to an eviction proceeding based on unpaid common expenses. Therefore, the Appellate Court affirmed the trial court’s decision to strike McBride’s second counterclaim alleging a violation of Section 19(b) of the Illinois Condominium Property Act.
Why This Case Matters for Illinois Condominium Associations
For Illinois condominium associations, assessments are the sole source of income. Without collecting assessments, an association would be unable to operate and maintain its property for the benefit of its members. If an owner fails to pay assessments, all other members of the condominium association suffer. Even if an owner is unhappy with their condominium association or believes it has failed to comply with the Illinois Condominium Property Act, an owner is not permitted to withhold payment of assessments. The above case is a perfect illustration of a situation in which an association successfully obtained an eviction order against a unit owner for failing to pay assessments, despite her allegations that the condominium association was in violation of the Illinois Condominium Property Act. For Illinois condominium boards, the takeaway is that a unit owner’s claim alleging board failure to comply with the Illinois Condominium Property Act or breach of fiduciary duty is not a defense for failure to pay assessments.
At Hirzel Law, PLC, we regularly take legal action on behalf of condominium associations to collect unpaid assessments and defend against unit-owner claims that are not germane to the issue of possession in eviction proceedings. If your condominium association would like assistance with this, please contact our office.
