Unit owners within a condominium association are responsible for paying regular assessments in an amount equal to their ownership interest in the common elements. When assessments go unpaid, a condominium association can take legal action to collect them, including filing a lawsuit seeking possession of the unit. In addition, condominium associations are entitled to seek reimbursement of their attorneys’ fees and court costs incurred in taking legal action to collect unpaid assessments. However, before filing a lawsuit seeking possession of a unit, condominium associations must serve the delinquent unit owner with the required statutory 30-day notice stating the amounts due and owing to the condominium association.
In the case of Corinthian Condo. Ass’n v. Rao, 2026 IL App (1st) 250627-U, a condominium association filed an eviction complaint (“Eviction Complaint”) against a unit owner for failure to pay assessments. Through its Eviction Complaint, the condominium association sought possession of the unit and a money judgment against the unit owner. The condominium association also sought reimbursement of its attorneys’ fees and costs incurred in the case. In defense of the Eviction Complaint, the unit owner filed a motion for summary judgment arguing that the condominium association’s statutory 30-day notice was deficient because it failed to accurately state the amount the unit owner owed. The unit owner’s motion was denied by the trial court, and the case proceeded to a jury trial, where the jury ultimately awarded the condominium association possession of the unit and $2,223.69 in unpaid assessments. In addition, the trial court ordered the unit owner to pay the condominium association $30,853.00 in attorneys’ fees plus costs. The trial court’s judgment was later affirmed by the appellate court.
The Corinthian Condo. Ass’n v. Rao case cannot be cited as binding authority because it is an unpublished opinion filed under Illinois Supreme Court Rule 23. However, it reaffirms that if condominium associations properly comply with all statutory requirements in taking collection action against a delinquent unit owner, they have a high likelihood of success at trial.
Case Background
The Corinthian Condominium Association (“Condominium Association”) filed an Eviction Complaint against a unit owner, Padma Rao (“Owner”), who was delinquent on her condominium assessments. Through its Eviction Complaint, the Condominium Association sought possession of the unit and a money judgment for unpaid assessments, attorneys’ fees, and costs. Before filing the Eviction Complaint, the Condominium Association served the Owner with a statutory 30-day notice, as required under Illinois law. The 30-day notice demanded payment of all unpaid assessments to avoid further legal action. Specifically, the 30-day notice demanded payment of $3,066.65 in unpaid assessments and $458.70 in legal fees and costs incurred in attempting to collect the amounts owed.
In defense of the Eviction Complaint, the Owner argued that the Condominium Association was not entitled to a judgment against her because the amount listed in the 30-day notice was inaccurate. The Owner claimed that she owed $445.00 less in assessments than what was stated in the 30-day notice. Therefore, the Owner argued that judgment should be entered in her favor and the Eviction Complaint should be dismissed.
The trial court disagreed, and, as stated above, a judgment was ultimately entered in favor of the Condominium Association and against the Owner in the amount of assessments owed (as proved at trial), attorneys’ fees, and court costs. Subsequently, the Owner filed her appeal with the Appellate Court.
The Appellate Court’s Decision
The Appellate Court affirmed the judgment of the trial court. The court acknowledged that Illinois law (735 ILCS 5/2-104.1(a)) required the Condominium Association to serve the Owner with a 30-day notice and demand setting forth the amounts claimed to be due by the Owner and which must be paid. However, the court explained that Illinois law does not provide that “an inaccurate amount” listed in the 30-day notice “automatically invalidates the notice.” Specifically, the court stated that “this court has held that a notice that demands more than the plaintiff is entitled to receive does not render the notice invalid.”
The Appellate Court pointed out that in this case, the Owner “tendered no money” to the Condominium Association “in response to the notice.” As such, the Owner made no effort to pay any sums that were due and owing. Therefore, the Appellate Court found that the Owner was unable to show any prejudice from the incorrect amount listed in the 30-day notice, as the jury only awarded the Condominium Association the sum of $2,223.69 in unpaid assessments (not $3,066.65 as listed in the 30-day notice).
Can an Illinois Condominium Association Recover Attorneys’ Fees in an Eviction Case?
Yes. Illinois condominium associations are entitled to seek reimbursement of the attorneys’ fees and court costs they incur in taking legal action to collect unpaid assessments. In Corinthian, the Appellate Court further upheld the trial court’s award of $30,853.00 in attorneys’ fees to the condominium assocation. The court emphasized that trial courts have broad discretion in awarding attorneys’ fees and that the Owner’s arguments on appeal seeking a reduction in the attorneys’ fee award were lacking any legal support.
Key Takeaways for Condominium Associations
- Keep detailed and accurate records of all assessments due from unit owners and all payments made.
- Ensure that any statutory 30-day notice and demand is as accurate as possible to avoid having to address any claims of inaccuracy during the litigation process.
- Litigation can be timely and costly. Remember that trial courts have broad discretion in awarding attorneys’ fees to condominium associations. Therefore, keep adequate records of all attorneys’ fees and court costs incurred in the collection of unpaid assessments.
Conclusion
The Illinois Appellate Court’s decision makes clear that a small mistake in a condominium association’s statutory 30-day notice and demand does not automatically invalidate the notice. Instead, courts will look at whether the unit owner was harmed by the mistake and whether the condominium association can prove the amount that is truly owed. In the above case, the Owner was unable to show that she was harmed by the incorrect amount listed in the statutory 30-day notice and demand, and the Condominium Association proved at trial the correct amount of assessments due. However, condominium associations should always aim to be as accurate as possible when issuing a statutory 30-day notice and demand to avoid having to address this issue during litigation. Careful recordkeeping is key.
At Hirzel Law, PLC, we regularly take legal action on behalf of condominium associations to collect unpaid assessments and defend against unit-owner claims in eviction proceedings. If your condominium association would like assistance with this, please contact our office.
