DGAA bLAWg

Remedies for Condominium Unpaid Assessments and Fines

Web Admin - Friday, August 07, 2015

Illinois vacation home fines, real estate attorneyA condominium or townhome association has the ability to assess unit owners with common expenses and fines (collectively, “assessments”). When unit owners fail to pay these assessments when they become due, the association can pursue legal action to enforce payment. These actions can result in significant consequences against unit owners, including the potential for eviction.

Foreclosure and Eviction

One option for an association is to place a lien on the unit, which often occurs automatically when an assessment is not paid. If the past due assessment is still not paid, the lien may be foreclosed on in court. This will result in a court-ordered sale of the owner’s equity in the unit. Further, foreclosure is possible regardless of whether the unit owner is current on all mortgage payments.

Under Illinois law, it is also possible to evict a unit owner or tenant who is delinquent on the payment of any assessments. To initiate this process, the association must serve on the unit owner, through the mail, a 30 Day Notice and Demand for Possession (demand, with return receipt requested. If the demand is properly mailed, effective notice is deemed to have occurred, which means that the demand does not actually have to be received by the unit owner.

The effect of the demand is that a unit owner has 30 days to pay the outstanding amount. If the unit owner fails to make this payment, an association can sue to evict the owner from the unit through a forcible entry and detainer action. Included in the lawsuit will be a claim for all unpaid assessments and reasonable attorney fees and costs.

In some circumstances, partial payment may resolve the issue because an association can agree to withdraw the demand in exchange for partial payment. However, if the association does not agree to withdraw the demand, partial payment does not affect the eviction or demand. If after 30 days the partial payments do not total the entire amount due, the association can proceed with the forcible entry and detainer action.

If successful, the court will enter a judgment evicting the tenant or homeowner. However, by law, any enforcement of the eviction judgment must be stayed for at least 60 days, but not more than 180 days, at the discretion of the court.

After the eviction is complete, the association can lease the unit for a period of up to 13 months (which may be extended by court order) until all unpaid assessments have been paid. After all of these have been paid, the unit owner can regain possession of the unit by filing a motion with the court to vacate the judgment of possession.

Help with Real Estate Legal Issues

If you would like more information about real estate transactions or how disputes related to real estate are resolved, speak with a skilled Illinois real estate attorney today. Our firm provides diligent representation for individuals throughout the northwest suburbs, in communities such as Mount Prospect, Inverness, Palatine, Long Grove, and Riverwoods.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association. 


Recent Posts


Tags

Schaumburg personal injury lawyers Barrington Traffic Lawyer dram shop law blood alcohol content lapse in policy changes to mortgage law caregiver medical malpractice claims Des Plaines drug lawyer Des Plaines real estate attorney Kenilworth estate planning attorneys wrongful death workers compensation benefits criminal employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Illinois personal injury lawyers Crystal Lake accident attorney Rolling Meadows personal injury lawyer texting and driving Illinois traffic accident lawyer Chicago insurance claim attorneys DNR Rolling Meadows litigation lawyer internet insurance claim dispute attorney Crystal Lake tax lawyer Illinois civil litigation lawyer surgical mistakes car accident Illinois personal injury Barrington injury attorney natural gas Rolling Meadows insurance dispute lawyers, insurance dispute car collision college kids digital media accounts, estate planning, Arlington Heights estate planning attorney, Inverness traffic law firm Crystal Lake employment law attorney Deer Park personal injury lawyer defective products lawyer insurance claim dispute Palatine employment attorney Illinois driving without license Crystal Lake medical malpractice attorneys Chicago estate planning lawyer Palatine traffic accidents Class A misdemeanor Palatine Attorney Rolling Meadows criminal lawyer Long Grove real estate attorney Buffalo Grove life insurance attorney license reinstatement LLCs Schaumburg insurance lawyers Illinois insurance dispute lawyers Home Sale Contingencies gift taxes Illinois traffic attorneys Schaumburg medical malpractice lawyer Buffalo Grove insurance claim dispute lawyers Palatine probate lawyer Illinois traffic ticket lawyer living trust vs will car crash accidental death benefits criminal record Thanksgiving Arlington Heights car accident lawyer South Barrington real estate lawyer ken apicella Illinois motorcycle accident lawyer insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys car accident lawyer workers compensation liens probate process power of attorney for healthcare Illinois business lawyer elder law home inspection lawyer medical malpractice drunk driving statistics Jay Andrew Schaumburg criminal law attorney condo association Arlington Heights real estate lawyer POA insurance dispute attorney Illinois pedestrian accident attorney estate planning attorney irrevocable trust underfunded trust Palatine drug lawyer corporate law Illinois construction accident attorney federal regulations for LLCs Illinois collections attorney business litigation Schaumburg elder law lawyer employment law, Illinois employment laws rumble strips Rolling Meadows employment attorney real estate closing Chicago attorney Illinois bicycle safety paid sick leave living wills llinois Real Estate Lawyers Association guardianship attorney Illinois DUI attorney defective products Buffalo Grove injury lawyer Illinois employment law boating DUI Barrington personal injury lawyer Crystal Lake law firm Rolling Meadows marijuana attorney eluding a police officer gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys living trust Illinois insurance claims lawyers Attorney Ken Apicella hiring employees severance agreements Rolling Meadows traffic attorney healthcare Crystal Lake car accident lawyer pet bites Crystal Lake insurance lawyer DUI penalities Illinois Workers’ Compensation Commission drug crimes lawyer Palatine real estate lawyer Chicago will attorney, social media platforms, Illinois estate planning lawyer, attorney fees Des Plaines criminal attorney Illinois workplace lawyer Deer Park motorcycle accident lawyer Chicago insurance law firm drugs traumatic brain injury subcontractor Deer Park accident attorney preventing accidents murder defense Arlington Heights criminal lawyer insurance negligence DUI Long Grove estate planning Arlington Heights wills and trusts attorney Crystal Lake pedestrian accident lawyer Inverness DUI lawyer Palatine employment lawyer pay when paid contract Illinois employment attorneys tax attorney probate fees jet ski accidents unpaid overtime Deer Park traffic lawyer Illinois real estate lawyer Rolling Meadows life insurance claim denial attorney Barrington litigation attorney School Visitation Rights Act Rolling Meadows medical malpractice lawyers IRS Arlington Heights lawyer Illinois jet ski accident lawyer fiduciary rule delay cause-of-death exclusions Rolling Meadows personal injury attorney Retaliatory Discharge owner responsibility Schaumburg estate planning attorney most common reasons for life insurance claim denials marijuana crimes attorney icy parking lots Des Plaines motorcycle accident attorney Illinois employment law attorneys Chicago employment lawyer blended families Illinois Wage Payment and Collection Act nursing home negligence employment lawyer Des Plaines DUI attorney pizza emoji Federal Food Drug and Cosmetic Act medical malpractice compensation construction contracts truck collisions Des Plaines tax law firm Chicago trucking accident attorney insufficient documentation Buffalo Grove traffic lawyers Joliet general practice lawyers Illinois criminal defense attorney Arlington Heights personal injury lawyer employment law denied insurance claim advance healthcare directive medical marijuana workers comp Barrington workers compensation attorney probate claims process Rolling Meadows corporate lawyer commercial real estate unauthorized overtime traffic violations defense Illinois pet lawyer Illinois defective products attorney Kenilworth estate planning attorney Palatine construction attorney forming a corporation in Illinois Arlington Heights Attorney drug crime real estate attorneys trucking accident lawyers Des Plaines collections attorney FSLA federal crimes traffic laws Rolling Meadows car accident lawyers Schaumburg estate attorney whistleblower protections Illinois employee rights attorney. Rolling Meadows DUI lawyer loopholes estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Legal Info employees insurance disputes Illinois workers compensation lawyer mortgage Illinois job attorney Inverness elder law lawyer Illinois attorney Crystal lake insurance dispute attorney Liquor Control Act head on collisions Buffalo Grove probate lawyer uninsured motorist low-ball insurance settlement consent to a search Illinois estate planning Illinois estate planning attorney Inverness civil lawyer no contest clauses DMV Arlington Heights employment law attorneys Illinois personal injury lawyer in terrorem provision Arlington Heights TBI attorney personal injury accidents Mount Prospect elder law attorney pedestrian-automobile accident Deer Park real estate law firm Crystal Lake estate planning lawyer ACA insurance claim denial insurance claims Illinois employment laws Fair Labor Standards Act field sobriety test employment contract rent to own real estate contracts Barrington boating accident attorney Illinois injury lawyer startup company Illinois speeding lawyer golf accidents pregnant women crossover accidents drug crimes distracted driving accident victims motorcycle accident digital information rollover accidents personal injury attorney Illinois boating accident lawyer Illinois Transfer on Death Instrument Illinois will lawyer material misrepresentation Illinois red light cameras foreclosure Buffalo Grove employment lawyer Illinois traffic attorney sexual harassment Inverness estate planning lawyer Rolling Meadows criminal attorney work unions speeding car accidents real estate lawyer Barrington business law firm bad faith insurance claims Barrington real estate lawyer life insurance claims commercial leases Fourth of July Schaumburg traffic lawyer Deer Park workers compensation lawyer Inverness personal injury attorney underinsured motorist insurance denials Barrington employment attorney Des Plaines accident attorney Illinois wills and trusts attorneys ObamaCare Inverness probate lawyer hands free device top life insurance claim denials privacy laws murder Illinois workplace discrimination attorney Des Plaines special needs trust estate planning for college students Arlington Heights car crash attorneys Deer Park traffic accident attorney Buffalo Grove law firm probate lawyer drug possession Riverwoods estate planning lawyer swimming pools medication errors Palatine punch death Illinois lawyer Des Plaines personal injury lawyer Illinois insurance attorney installment contracts Crystal Lake injury attorney Arlington Heights tax lawyer anesthesia errors Barrington estate planning lawyer deadly crashes foreclosed rental property denial of life insurance real estate attorney Palatine injury attorney motorcycle accident lawyer deed transfer Schaumburg personal injury attorney Rolling Meadows Des Plaines personal injury lawyers Schaumburg employment law attorneys Schaumburg real estate lawyer Palatine employment law lawyer civil litigation Forcible Entry Buffalo Grove personal injury attorney Inverness corporate attorney personal injury claim Chicago life insurance attorney Palatine criminal defense lawyer Illinois personal injury attorney employment attorney Illinois mortgages residential real estate small business homestead rights child safety Illinois estate planning law firm Chicago lawyer bike accident Rolling Meadows tax attorney DUI defense Arlington Heights wills and trusts attorneys insurance adjusters Schaumburg estate planning lawyer Barrington medical malpractice lawyers Deer Park DUI lawyer Crystal Lake will lawyer overtime pay Rolling Meadows estate planning attorney modern family estate planning workplace sexual harassment Crystal Lake business law attorneys driving preventable medical errors Illinois small business PTSD insurance claim denials Barrington estate planning attorney expungement Illinois workers compensation attorney suspended license Schaumburg injury lawyer Schaumburg probate attorney estate plan Palatine life insurance lawyer sole proprietorship Illinois LLC creation Employment Discrimination Law Crystal Lake criminal defense attorney IRA benefits Des Plaines injury law firm product liability Rolling Meadows Attorney Rolling Meadows personal injury lawyers Illinois Human Rights Act Arlington Heights Traffic Lawyer unpaid assessment Illinois business law atorneys life insurance lawyer Deer Park criminal attorney Illinois insurance lawyer Family Medical Leave Act spinal cord injury license suspension estate tax insurance agent negligence life insurance claim denial, denial of life insurance claim wrongful termination Crystal Lake medical malpractice lawyer privacy Inverness injury lawyer comp time Kenilworth estate planning lawyer liability trauma after an accident estate planning trusts Barrington civil litigation attorney Rolling Meadows accident lawyer overtime violations Des Plaines drug crimes lawyer Palatine law firm Illinois employment law attorney estate attorney wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace revenge porn Schaumburg corporate attorney denied insurance claims clemency minimum wage Arlington Heights wills and trusts lawyers Barrington life insurance lawyer pedestrian injuries, pedestrian fatality how to avoid common denials of life insurance claims loss of consortium insurance claim real estate controlled substance compensatory time Chicago traffic lawyer right to work unfunded trust Crystal Lake personal injury attorney Mt Prospect Attorney Crystal Lake personal injury lawyer Arlington Heights trucking lawyer Illinois living will new real estate form wage theft Transfer on Death Instrument construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Barrington criminal lawyer meal breaks bicycle dooring accidents Chicago estate planning mass shooting Illinois wrongful termination lawyer Palatine personal injury lawyer Des Plaines claims law firm texting while driving problem employees boating accidents Rolling Meadows traffic law firm Illinois trucking safety DUI attorney Crystal Lake civil litigation lawyer holiday statistics personal injury claims insurance attorney food poisoning Barrington employment law attorney Long Grove real estate lawyer automated cars dog bites Inverness insurance attorney license Schaumburg wrongful death attorney employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Crystal Lake traffic lawyer trucking accidents Barrington criminal defense lawyer criminal defense rest breaks involuntary manslaughter medical research digital evidence Self-Directed IRA Accounts estate planning lawyer Crystal Lake bike accident lawyer BUI slip and fall Inverness real estate lawyer Illinois insurance claim dispute lawyer trusts hit and run accident trustee probate Illinois Smoke Detector Act Long Grove estate planning attorney Deer Park employment law attorney Illinois insurance disputes Rolling Meadows employment law attorney Rolling Meadows boating crash lawyer Rolling Meadows Traffic Lawyer Buffalo Grove personal injury lawyer Rolling Meadows insurance lawyer Illinois corporate lawyer Policy Cancellation Landlord Tenant Ordinance Palatine trusts lawyer TBI traffic offenses boating under the influence Arlington Heights insurance attorney Illinois traffic laws Arlington Heights employment attorney traumatic brain injuries Buffalo Grove medical malpractice lawyers pain and suffering cell phone accidents Rolling Meadows employment law attorneys life insurance policy Crystal Lake employment attorney Inverness accident lawyer agent denial of insurance claim Palatine elder law attorney Des Plaines Traffic Lawyer health insurance dispute condo landlord tenant law institutional trustee Crystal Lake medical malpractice law firm Schaumburg criminal attorney Schaumburg car accident attorney Do Not Resuscitate South Barrington real estate attorney Illinois insurance claim attorney caretaker rights distracted driving accidents appealing an insurance claim coronavirus premises liability drunk driving Illinois car accident attorney beneficiary complications Illinois medical malpractice lawyers cell phone fatal car accidents first degree murder Palatine civil litigation lawyer independent contractor Schaumburg construction accident lawyer employee rights Des Plaines real estate lawyer rollover car crashes Rolling Meadows real estate attorney Arlington Heights wills and trusts lawyer Illinois Sales Representative Act Schaumburg drug defense lawyer jet ski Buffalo Grove car accident lawyer digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Chicago car accident lawyer Illinois wills and trusts life insurance underage DUI fiduciary rule construction accidents Arlington Heights injury attorney Illinois insurance claim dispute lawyers operating agreements elder abuse Rolling Meadows drug defense attorney Illinois Probate Act of 1975 vacation home fines comparative negligence Home Remodeling Repair Act breathalyzer test Illinois Trust Code Illinois rollover accident lawyers Barrington attorney civil litigation attorney Rolling Meadows business lawyer trench injuries brain injury spinal cord injuries Palatine workers compensation lawyer Colin H. Gilbert Buffalo Grove traffic attorney criminal law Inverness real estate attorney Buffalo Grove real estate attorney Palatine corporate attorney digital assets employee misclassification DGAA estate planning Chicago employment attorney back injuries Des Plaines civil attorney pedestrian accident murder charges Illinois elder law attorney breach of contract slip and fall accidents power of attorney Crystal Lake pet attorney insurance denial appeals Barrington employment law firm insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Barrington personal injury attorney creditors Long Grove estate planning attorneys Schaumburg civil litigation attorney Buffalo Grove criminal defense lawyer real estate contract traffic violations Long Grove wills and trusts attorneys Barrington Illinois estate planning lawyer Crystal Lake employment lawyer social media after death Schaumburg personal injury lawyer insurance claim delay Buffalo Grove corporate attorney Mount Prospect real estate lawyer civil rights violation Arlington Heights accident attorney personal injury Schaumburg traffic crimes Colin Gilbert Affordable Care Act wills Illinois medical malpractice claim disability benefits commercial leasing Palatine business attorney insurance dispute trust payments Chicago biking tips car crash injuries landlord products liability Palatine traffic lawyer pedestrian accidents personal injury law firm Schaumburg Attorney Des Plaines medical malpractice attorney Schaumburg life insurance attorney IRA trust transfer personal injury lawyer Crystal Lake car accident attorney vacation home Illinois trusts attorney IRELA real estate zoning Illinois law Rolling Meadows insurance attorney senior citizens employee discrimination Arlington Heights estate planning attorney dealing with problem employees car crashes financial advisors cell phone tower data healthcare claims Arlington Heights personal injury attorney insurance agents Rolling Meadows insurance dispute lawyers auto accidents Barrington drug crime attorney BAIID Super Mario personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Illinois probate lawyer Deer Park medical malpractice attorney Exclusions Rolling Meadows probate lawyer traffic accidents BAC Des Plaines insurance attorney GM ignition switches filing a medical malpractice claim manufacturing income distribution deducation Illinois employment law firm Illinois real estate Illinois employment lawyer Food and Drug Administration's Food Safety Modernization Act estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, fault based insurance traffic deaths Mount Prospect wills and trusts lawyers sexual images medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers CAM Illinois liability claims Arlington Heights medical malpractice lawyer wills and trusts Arlington Heights pedestrian accidents Illinois home inspection dynasty trusts Palatine insurance lawyer license revocation Whistleblower Claims marijuana Schaumburg employment attorney probate claims Palatine civil attorney Palatine corporate law attorneys bicycle accidents Illinois tax attorney Illinois medical malpractice attorney Des Plaines pet law attorney Des Plaines personal injury attorney Palatine estate planning lawyer Arlington Heights traffic attorney contracts Detainer Actions job lawyers FMLA traffic tickets Illinois registered agent investment property natural gas explosion Illinois medical malpractice case Chicago corporate attorney living trust benefits real estate leasing Crystal Lake traffic attorney capital gains tax taxes car accident lawyers reckless homicide pet law Chicago will attorney

Archive