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


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