Condo Law Watch

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Assessment Collections

Helping Your Association Maximize Recovery of Assessments When a Unit Is Subject to Mortgage Foreclosure Proceedings!

The housing market has fluctuated and changed drastically over the past few years. This is why it is important for an association board to be proactive when a unit owner is facing mortgage foreclosure proceedings.  Being proactive includes initiating a… Continue Reading →

Collection of Assessments from Third-Party Purchaser in Foreclosure Sales – Where Did 2018 Leave Us?

There have been a number of cases that came down in 2018 that further clarified (and muddied) the amounts that can be collected from a third-party purchaser at a judicial foreclosure sale. Section 9(g)(1) of the Illinois Condominium Property Act… Continue Reading →

Management and Administrative Fees: Are They Collectable?

Oftentimes, management companies will include their own management fees (such as a collection turnover fee or trial witness fee) on the ledger of a delinquent owner’s account when collecting unpaid assessments. As courts are reviewing account ledgers with increasing scrutiny,… Continue Reading →

Amendments to the Condominium and Common Interest Community Ombudsperson Act

Pursuant to Public Act 99-00776, amendments were made to the Condominium and Common Interest Community Ombudsperson Act (Ombudsperson Act) on August 12, 2016. The Ombudsperson Act will now take effect on January 1, 2017. The Ombudsperson Act establishes the Office… Continue Reading →

Condo Associations Entitled to Recover Post-Judgment Attorneys’ Fees, Lease Unit Despite Payment by Owner

The Forcible Entry and Detainer Act provides associations with the right to take possession of a unit when an owner fails to pay assessments and other common expenses to the association. If the association received a judgment and an order… Continue Reading →

Tressler LLP Re-Launches Condo Law Blog

Tressler LLP is pleased to announce the re-launch of Tressler’s condo law blog with a new name, Condo Law Watch. To keep up with the changing digital landscape, Condo Law Watch will replace the firm’s traditional e-newsletter Condominium & Common… Continue Reading →

What should associations do about unpaid assessments?

Condominium and homeowners associations have obligations to enforce the uniform collection of assessments from all owners. If owners fall behind and do not make regular payments towards their money assessment or annual assessment balance, which ever method the association uses… Continue Reading →

What if an association wants to publish a list of which owners have not paid their assessments, may they do this?

Generally, it is not a best practice for associations to publish lists of owners’ names who may be delinquent in the payment of their assessments. The attorneys working for associations certainly cannot do so because of protections in place by… Continue Reading →

May a condominium association evict owners who do not pay assessments?

Yes. The Illinois Condominium Property Act as well as the Illinois Forcible Entry and Detainer provisions of the Code of Civil Procedure allow and authorize a condominium association, after issuance of a proper notice, filing of a lawsuit and entry… Continue Reading →

Associations Entitled to Judgment Against Owners of Record for Assessment Collections Lawsuits

In Cambridge Apartments Condominium Association v. Williams, No. 1-13-3226 (Ill. App. Ct. Aug. 15, 2014), an Illinois appeals court affirmed a ruling that an association was entitled to judgment against a former unit owner for unpaid assessments that became due… Continue Reading →

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