Condo & HOA Collections

May 1, 2023

Illinois Court Rules HOA Cannot Collect Assessments That Were Improperly Levied Under the Common Interest Community Association Act, 765 ILCS 160

One of the responsibilities of a board of directors or a board of managers in any homeowner’s association is to set the amount of regular assessments for the members.  This is typically done by way of a budget that is decided upon by the board in advance of the upcoming year.  However, each association may have different rules as it…
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August 16, 2022

Withholding Assessments in Illinois Condo Associations

Assessments (or dues) are essential for condominium and common interest community associations to provide necessary services to the unit owners within the association, including the maintenance of common areas such as roads, sidewalks, parking areas, utilities, and elevators. Typically, the only source of funds for condominium associations are payments from the unit owners. Many times, when a unit owner believes…
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July 18, 2022

Illinois Condominium Lien Property: What Encumbrances Does a Condo Lien Have Priority Over Under 765 ILCS 605/9(g)?

The Illinois Condominium Property Act, 765 ILCS 605/1 et seq. outlines the process for a condominium association to record a lien on a condominium unit when a unit owner is not paying its share of common expenses or fines. More specifically, Section 765 ILCS 605/9(g) of the Condominium Property Act provides that a condominium association has an automatic lien for…
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April 15, 2022

A Guide to Collecting Delinquent Illinois Condo and HOA Assessments

Condominium and homeowners associations throughout Illinois are frequently forced to deal with owners have not paid assessments or fines levied for violations of the declaration or the HOA bylaws. In many cases, an owner will be pay delinquent HOA assessments after receiving an initial demand letter. However, there are other situation when the unit owner refuses to pay delinquent HOA…
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