Condo & HOA Collections

June 18, 2026

Illinois Court Holds Seller Liable for Condo Assessments Despite Unrecorded Deed

Does selling a condominium unit end the seller’s obligation to pay assessments in Illinois? Not always. When the deed is never recorded and the association is never notified of the sale, a former owner can remain on the hook. In Cambridge Apartments Condominium Ass’n v. Williams, 2014 IL App (1st) 133226-U, the Illinois Appellate Court affirmed a judgment for unpaid…
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March 23, 2026

Bankruptcy Discharge Bars Illinois Condo Eviction for Unpaid Assessments

Illinois condominium associations cannot take collection action against a unit owner who is discharged in bankruptcy with respect to unpaid condominium assessments that predate the bankruptcy filing. Doing so may result in sanctions being entered against the condominium association. This was the central issue in In re Terrell, 614 B.R. 300 (Bankr. N.D. Ill. 2020). In that case, a delinquent…
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February 5, 2026

The Cost of Collecting Delinquent Assessments in Illinois Condos

What does it cost an Illinois condominium association to collect unpaid assessments? The answer depends on several factors, including the declaration, the bylaws, the unit owner’s willingness to cooperate, whether the case goes to court, and how far it proceeds in court. Fortunately, many Illinois condominium declarations and bylaws allow associations to recoup collection costs, including attorney’s fees, and costs…
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October 23, 2025

Can HOAs in Illinois Still Recover Attorney Fees if Delinquent Owners Make Payment?

Can Illinois Condo Associations’ Recover Attorney’s Fees After Delinquent Owners Make Payment? When condominium unit owners fall behind on assessments, most board members understand that the association has the legal authority to initiate collection efforts and, in some cases, litigation. However, if a unit owner eventually pays all outstanding assessments, should the homeowners association still be entitled to recover its…
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July 2, 2025

Court Upholds Rights of Illinois Condo Associations to Charge Use and Occupancy Fees During Litigation

When unit owners fall behind on their assessments, condominium associations are often left holding the financial bag, forced to maintain common elements without the contributions they’re contractually entitled to receive. The Illinois Appellate Court’s decision in Bd. of Directors of Warren Blvd. Condo. Ass’n v. Milton, 399 Ill. App. 3d 922, 927 N.E.2d 176 (1st Dist. 2010), affirms a necessary…
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