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

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

Archive