Knolls Condominium Ass'n v. Harms

759 N.E.2d 985, 326 Ill. App. 3d 18, 259 Ill. Dec. 924, 2001 Ill. App. LEXIS 881
CourtAppellate Court of Illinois
DecidedNovember 26, 2001
Docket2-00-0485 Rel
StatusPublished
Cited by4 cases

This text of 759 N.E.2d 985 (Knolls Condominium Ass'n v. Harms) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knolls Condominium Ass'n v. Harms, 759 N.E.2d 985, 326 Ill. App. 3d 18, 259 Ill. Dec. 924, 2001 Ill. App. LEXIS 881 (Ill. Ct. App. 2001).

Opinions

JUSTICE GEIGER

delivered the opinion of the court:

The issue in this appeal is whether an estate of homestead asserted by a condominium unit owner who is in arrears on condominium assessments is a defense to a condominium association’s action in forcible entry and detainer. The circuit court ruled that an estate of homestead is not a defense to a forcible entry and detainer action in such circumstances. We reverse the ruling.

On December 27, 1999, the plaintiff, Knolls Condominium Association, filed a complaint in forcible entry and detainer against the defendant, Mary E. Harms. The complaint alleged that the plaintiff was entitled to possession of 6161 Knoll Way Drive, No. 105, in Willowbrook (the property), a condominium unit, because the defendant was indebted to the plaintiff for unpaid maintenance assessments related to the property in the amount of $2,326.40 plus costs and attorney fees. The complaint also alleged that the defendant was unlawfully withholding possession of the property from the plaintiff.

In her answer to the complaint, the defendant denied that the plaintiff was entitled to possession of the property or that she was unlawfully withholding possession of the property from the plaintiff. The defendant also asserted, as an affirmative defense, that she was the owner and resident of the property; that she was entitled to an estate of homestead in the property; and that her estate of homestead was a proper defense to the plaintiff’s action in forcible entry and detainer.

At a hearing on the matter, the parties stipulated that the defendant owed the plaintiff past-due maintenance assessments in the amount of $2,326.40. The trial court ruled that an estate of homestead was not a proper defense to the plaintiff’s forcible entry and detainer action. The trial court also found that the plaintiff’s request for attorney fees in the amount of $287.50 was reasonable.

Following the hearing, the trial court issued a written order that denied the defendant’s affirmative defense; found that the plaintiff was entitled to possession of the property; and entered judgment in favor of the plaintiff in the amount of $2,326.40 plus $287.50 in attorney fees. The defendant’s timely notice of appeal followed.

On appeal, the defendant contends that she is entitled to a reversal of the trial court’s order because her claim of homestead was a proper defense to the plaintiffs forcible entry and detainer action. The defendant argues that an estate of homestead is a possessory right that cannot be divested by a forcible entry and detainer action.

The plaintiff acknowledges that, as a general rule, an estate of homestead is a proper defense to a forcible entry and detainer action. However, the plaintiff points to various sections of the Code of Civil Procedure (Code) (735 ILCS 5/1 — 101 et seq. (West 2000)) and argues that these statutes show that a forcible entry and detainer action may be maintained in circumstances such as those in this case regardless of an estate of homestead.

The statute governing the estate of homestead is also a part of the Code (735 ILCS 5/12 — 901 et seq. (West 2000)). Citing various sections of this homestead statute, defendant responds by asserting that her estate of homestead in the property was a proper defense to the plaintiffs forcible entry and detainer action.

The parties agree, and appear to be correct, that their dispute raises an issue of statutory construction that is an issue of first impression. The primary rule of statutory construction is to ascertain and give effect to the intent of the legislature. Phoenix Bond & Indemnity Co. v. Pappas, 194 Ill. 2d 99, 106 (2000). The language of the statute generally provides the best indication of the legislature’s intent. In re Consolidated Objections to Tax Levies of School District No. 205, 193 Ill. 2d 490, 496 (2000). Where the language used leaves uncertainty as to its interpretation in a particular context, a court can consider the purpose behind the statute and the evils that the statute was designed to remedy. Phoenix Bond, 194 Ill. 2d at 106. A court should not construe a statute in a way that would defeat its purpose or yield an absurd or unjust result. Phoenix Bond, 194 Ill. 2d at 107. Because the construction of a statute is a question of law, our review is de novo. Consolidated Objections to Tax Levies, 193 Ill. 2d at 496.

The plaintiff relies on various sections of the part of the Code that governs a forcible entry and detainer action (735 ILCS 5/9 — 101 et seq. (West 2000)). One of these is section 9 — 102(a)(7), which provides, in relevant part, that an action in forcible entry and detainer may be maintained “[w]hen any property is subject to the provisions of the Condominium Property Act [and] the owner of a unit fails or refuses to pay when due his or her proportionate share of the common expenses of such property.” 735 ILCS 5/9 — 102(a)(7) (West 2000). The plaintiff also cites section 9 — 111(a), which provides, in relevant part:

“As to property subject to the provisions of the ‘Condominium Property Act’, *** if the court finds that the expenses or fines are due to the plaintiff, the plaintiff shall be entitled to the possession of the whole of the premises claimed, and judgment in favor of the plaintiff shall be entered for the possession thereof and for the amount found due by the court including interest and late charges, if any, together with reasonable attorney’s fees, if any, and for the plaintiffs costs.” 735 ILCS 5/9 — 111 (West 2000).

The defendant does not dispute the general applicability of sections 9 — 102(a)(7) and 9 — 111(a) to the facts of this case. Rather, the defendant contends that, under the statute that governs the estate of homestead, her estate of homestead is a defense to the plaintiffs forcible entry and detainer action.

Part 9 of article XII of the Code (735 ILCS 5/12 — 901 et seq. (West 2000)) creates and governs estates of homestead. Among the sections of part 9 of article XII that the defendant relies on is section 12 — 901, which provides, in relevant part, that “[e]very individual is entitled to an estate of homestead to the extent in value of $7,500 of his or her interest in *** a condominium *** owned or rightly possessed by lease or otherwise and occupied by him or her as a residence” and that the “homestead and all right in and title to that homestead is exempt from attachment, judgment, levy, or judgment sale for the payment” of the estate holder’s debts “except as provided in this Code” or in a section of the Probate Act of 1975 (755 ILCS 5/20 — 6 (West 2000)) that is not applicable here. 735 ILCS 5/12 — 901 (West 2000). The defendant also cites section 12 — 904, which provides that, generally, only a written release, waiver, or conveyance of the exempted homestead estate is valid. 735 ILCS 5/12 — 904 (West 2000).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Knolls Condominium Ass'n v. Harms
781 N.E.2d 261 (Illinois Supreme Court, 2002)
Fisher v. Burstein
776 N.E.2d 872 (Appellate Court of Illinois, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
759 N.E.2d 985, 326 Ill. App. 3d 18, 259 Ill. Dec. 924, 2001 Ill. App. LEXIS 881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knolls-condominium-assn-v-harms-illappct-2001.