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


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