Condo-ning Eviction: Questioning the Illinois Approach to Forcible Entry and Detainer Actions With Regard to Condominium Unit Owners

Illinois is currently the only state that allows the forcible eviction of a condominium unit owner for failing to pay his monthly association dues. In Spanish Court Two Condominium Association v. Carlson, the Illinois Supreme Court was asked to determine whether the Illinois Condominium Property Act and the Forcible Entry and Detainer Act allow a unit owner to affirmatively defend against a forcible eviction by asserting that the condominium association was negligent in maintaining the condominium common areas. In a 4-3 decision, the Illinois Supreme Court held that such an affirmative defense is not “germane to the distinct purpose of the proceeding” as is required by the Forcible Entry and Detainer Act. This Comment explores and questions the legal and policy justifications for allowing the forcible eviction of a condominium unit owner but not providing him with the same affirmative defenses available to others. Within the context of the Forcible Entry and Detainer Act, the Illinois Condominium Property Act, and the holding in Spanish Court, this Comment analyzes the complex nature of the condominium association-unit owner relationship and the inconsistent application of forcible eviction. The Comment concludes with suggestions on how forcible eviction in Illinois can be applied with more consistency and clarity, thus ensuring the rights of Illinois condominium property owners are not overlooked