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


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