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Article posted: 5/26/2013 5:00 AM

Maybe lawmakers should be sued for lack of service

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Recently, the lawsuit Spanish Court Two Condominium Association v. Carlson resulted in a decision that a homeowner could withhold their assessment payments if they were unhappy with the maintenance performed by the association.

Rep. Burke of Oak Lawn attempted to present legislation that would override this court decision, but was defeated. The importance of this case is that any homeowner who feels they are not getting the service they perceive they should be getting can withhold their assessments. This legislation would financially destroy community associations, who rely on those assessments to provide maintenance and other services to members.


If the legislators think that their decision to defeat HB2630, which would have overruled the Spanish court case, is good policy, then why can't this apply to taxpayers? If taxpayers are unhappy with the lack of maintenance performed by the state, then they should be allowed to withhold paying their taxes.

Basically, the stance of the legislature will result in associations having deficits ultimately leading to the demise of the association. Judging from the current situation in this state, it seems that is the philosophy of our legislators. They couldn't a balance a budget if their lives depended upon it.

If boards of directors can be sued for breach of their fiduciary responsibility, I submit that the legislators should be sued for their breach of fiduciary responsibility to taxpayers. What is good for the goose is good for the gander.

Steven R. Heuberger


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