How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118238
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Type Your Real Estate Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I am a condo owner residing in a large condominium complex,

This answer was rated:

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.

Thank you so much for using I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO XXXXX CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.


There can also be a delay of an hour or more in between my answers because I may be taking a break.

You can always request me through my profile at or beginning your question with “For PaulMJD…”

Law Educator, Esq. and other Real Estate Law Specialists are ready to help you