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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110470
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I am a condo owner residing in a large condominium complex,

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I am a condo owner residing in a large condominium complex, where the condo board recently sent owners a letter stating that a special assessment had been passed. There was no meeting with the owners and the board explaining the need for the special assessment, and two of the board members was excluded from the vote for the assessment. These two board members, and several owners wrote a letter to the board, citing the impropietiy of the board's action. In reply, I received a notice from the association attorney, demanding full payment of the special assessment within one week.

Since I was unable to pay the $3,000 charges, the lawyer has filed a suit to evict me, as well as the two board members. How do we proceed to counter this action?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The Board could not just pass a special assessment under the IL Condominium Property Act. Under Illinois law, the board of directors must advise the owners in advance of the directors' vote on a special assessment. Sections 18(a)(8) and 18(b)(6) of the Condominium Property Act require the directors to give the ownership 10 to 30 days' notice of the board meeting to adopt a special assessment.

If this assessment was not properly passed, it is illegal. Now you are being sued for the eviction, you must answer the suit and deny the allegations and as a defense raise that the assessment is illegal according to IL law. You also need to file a countersuit for a declaratory judgment to seek to have the court declare the assessment illegally passed and seek damages including your attorney's fees and costs for having to answer their suit and file the declaratory judgment action.

This is your recourse.

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