Professor Andrea Boyack's Article Cited by Illinois Supreme Court
Professor Andrea Boyack's article, "Community Collateral Damage: A Question of Priorities" at 43 Loyola University of Chicago Law Review 53 (2011) was cited by the Illinois Supreme Court in its Spanish Court Two Condominium Association v. Carlson opinion on March 20, 2014.
The case before the court arose out of a forcible entry and detainer action filed by a condominium association against one of its unit owners based on unpaid assessments. At issue, raised by the unit owner in defense of the forcible action, was whether an association's purported failure to repair or maintain the common elements was germane to the proceeding.
In holding that it was not germane, the court relied on Professor Boyack's article, noting that assessment delinquencies have a devastating impact in today's housing market and place an unfair financial burden on nondelinquent owners.