Unfortunately, the dispute between a condo owner and the condo association can quickly grow out of control, leading both parties to end up in small claims court. The most common reasons for these disputes to enter small claims court are allegations that a member has not paid his or her dues, assessments, or fees. This is especially true when there are special fees assessed to pay for the upkeep of common areas.
For the most part, condo owners have very little defense regarding the failure to pay these charges assessed by the condo association. These are obligations that the owner is required to pay either through the state law or through the agreement between the condo association and the condo owner.
The amount that the owner usually spelled out in the condo association covenants and bylaws. A condo owner could not claim he or she was not aware of these amounts even if a physical copy of the bylaws was not received.
This is because these condo association agreements are typically referred to as constructive notice, meaning that a condo owner can find this information if he or she looks for it. If your condo dispute has escalated to litigation, contact a Cook County condo association dispute attorney.