Legal Question in Real Estate Law in Illinois

Re: Condo Eviction Assessment Dispute

Of course, it is impossible to assess your case on the limited factual information you have provided. However, from my experience, condo associations frequently make mistakes. You will want to get a copy of the Condo's Declaration, its Bylaws and any Board Resolutions regarding the late assessments and late fees.

If they are not attached to the complaint that has been filed against you -- especially the Declaration -- you would want to consider a motion to strike the complaint. In particular, Section 2-606 of the Illinois Code of Civil Procedure requires that �[i]f a claim . . . is founded upon a written instrument, a copy thereof . . . must be attached to the pleading as an exhibit or recited therein, unless the pleader attaches to his or her pleading an affidavit stating facts showing that the instrument is not accessible to him or her.� 735 ILCS 5/2-606. The failure to comply with this provision �is grounds for dismissal.� Popp v. Cash Station, Inc., 244 Ill.App.3d 87, 100, 613 N.E.2d 1150, 1158 (1st Dist. 1992)(citing Plocar v. Dunkin� Donuts of America, Inc., 103 Ill.App.3d 740, 431 N.E.2d 1175 (1st Dist. 1981)).

Without more information, I cannot help you.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]

Re: Condo Eviction Assessment Dispute

You better hire a lawyer soon, whether it be a private lawyer or a Legal Aid lawyer, or you'll encounter a concept known as res judicata. You also probably have a claim against the association/management company/and their attorney. Get smart. Get a lawyer!

Re: Condo Eviction Assessment Dispute

When you say that you can not "afford" your own attorney, do you mean that it makes better sense economically for you to be evicted and perhaps have a judgment entered against you in court for money that you may not actually owe? If so, then, as a practical matter do not get an attorney. Otherwise, find a way to get good legal advice and soon. Perhaps there is a county bar association in your area that may be able to help you find a private attorney who will work "pro bono" or for a reduced fee. If not, look into applying for "Legal Aid". It would be a mistake in most cases to proceed without an attorney. Good luck.