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

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

Archive