What Action Can the Condominium Association Take Against a Defaulting Unit Owner ?
In Knolls Condominium Ass'n v. Harms, 202 Ill. 2d 450, 454, 781 N.E.2d 261, 269 Ill. Dec. 464 (2002), our supreme court rejected the condominium unit owner's argument that the condominium association did not have standing to bring an action under the forcible entry and detainer statute for possession based on nonpayment of maintenance assessments because it was not "a person entitled to possession" under the statute. Knolls Condominium Ass'n, 202 Ill. 2d at 456-58.
Our supreme court stated that section 9.2 of the Property Condominium Act plainly provides that the board of managers of a condominium association is entitled to maintain a cause of action for possession against a defaulting unit owner under the forcible entry and detainer statute. Knolls Condominium Ass'n, 202 Ill. 2d at 456.
The court also noted that section 9-102(a)(7) of the Forcible Entry and Detainer Act intimates that the board of managers is "a person entitled to possession" under the statute "when the property is subject to the Condominium Property Act, the unit owner fails to pay his proportionate share of common expenses, the unit owner is served with a demand, and the unit owner fails to pay within the time prescribed in the demand." Knolls Condominium Ass'n, 202 Ill. 2d at 456-57, citing 735 ILCS 5/9-102(a)(7) (West 2000).
Further, our supreme court opined that additional support for a condominium association's right to maintain a cause of action for possession is found in section 9-111 of the Forcible Entry and Detainer Act.
The court stated, "Other provisions of the statutory scheme allow the board of managers to rent the condominium unit of which it has gained possession under the Code and to collect the rental funds therefrom until the amount owed by the unit owner is satisfied, with possession eventually returning to the unit owner. See 735 ILCS 5/9-111 (a), 9-111.1 (West 2000)." Knolls Condominium Ass'n, 202 Ill. 2d at 457.
The court also noted, "The historical and practice notes for section 9.2 of the Condominium Property Act note that this statutory procedure for collecting assessments has been in force for over 30 years and has provided an efficient collection method." Knolls Condominium Ass'n, 202 Ill. 2d at 457, citing Ill. Ann. Stat., ch. 30, par. 309.2, Historical & Practice Notes, at 179-80 (Smith-Hurd Supp. 1991).