Assessment Collections

Complying with Fair Debt Collections Practices Act Hits Closer to Home Than Before

This past summer, the U.S. Court of Appeals for the Seventh Circuit held that filing a collection case in a Cook County district court other than the one where the debtor lives or the contract was signed violates the Fair… Continue Reading →

2015/02/06

Roundup of New Law Changes for Community Association Acts

The acts applicable to Condominium and Common Interest Community Associations have been amended starting January 1, 2015 (or later). These changes are summarized briefly below. Many of these changes will be discussed in greater detail. Condominiums and E-mail (HB 4784/PA… Continue Reading →

2015/02/06

Pitfalls of Accepting Partial Payments From Owners in Collection

Being served with notice of a filed court collection action from an association’s attorney usually motivates a delinquent unit owner to pay past due assessments. It is often at this point that the owner realizes that he/she not only owes… Continue Reading →

2014/12/13

Records Requests Must Comply With Section 19; Vexatious Owner Requests Foiled By First District

The First District Court of Appeals (Cook County) has issued an opinion that deals a blow to unit owners seeking to ensnare boards in records request disputes during pending assessment collections. In Oviedo and VMO Properties, LLC v. 12709 S…. Continue Reading →

2014/12/12

Boards Must Move Quickly to Rent Units Pursuant to Collection Forcible Orders in 2015

The relevant provisions of the Illinois Forcible Entry and Detainer code provisions governing collection actions for unpaid assessments will change in the new year. Specifically, the Forcible Entry and Detainer Statute has been amended to create an eight month cut-off… Continue Reading →

2014/12/11

Evictions Are (Still) a Great Method for Collecting Unpaid Assessments

We often hear from owners and their counsel who claim that Illinois associations cannot evict an owner for failing to pay condominium or common interest community assessments. This is simply incorrect, and it has been well-settled in Illinois that associations… Continue Reading →

2014/08/25

Weighing Options in Bankruptcy: Some Practical Considerations for Associations

There are some best practices that associations should follow when dealing with a bankruptcy. First, and most importantly, make sure that no collection activity continues against an individual who has filed bankruptcy. As soon as an association receives any notice,… Continue Reading →

2014/03/05

Chapter 11 and “Chapter 20″ Bankruptcies: Understanding the Unusual Case for Associations and Assessment Collections

There are two types of bankruptcies that are a bit different from the standard consumer Chapter 7 and Chapter 13 bankruptcies. These are Chapter 11 bankruptcy for corporations and so-called “Chapter 20” bankruptcy, which is a Chapter 13 bankruptcy that is… Continue Reading →

2014/03/01

Bankruptcy Basics for Associations: Chapter 7 and Chapter 13 Consumer Bankruptcies

Although the financial crisis is believed to be improving, one thing remains the same — some condo owners may face tough financial times during the course of their ownership. A common way to manage these financial troubles is to file… Continue Reading →

2014/02/18