The Use of Evictions in Condominium Assessment Collection
Illinois condominium associations have an extremely effective tool for collecting assessments from delinquent condominium unit owners. In Illinois, a condominium association can actually evict a unit owner from his or her unit and then lease the unit out and collect the rents from the unit to pay for past due assessments, the legal expenses of pursuing the eviction as well as currently accruing assessments. The association does not have to pay the mortgage payments or real estate taxes which accrue while the rents are being applied against assessments and expenses of collection.
The condominium eviction process takes four months or more, so associations need to be diligent in asserting their rights. This is especially true in that unit owners who are delinquent in paying their assessments often are also delinquent in making their mortgage payments, eventually resulting in mortgage foreclosure.
To move forward with a condominium eviction, the association must first prepare and serve a 30 day notice and demand for possession. This notice must be mailed to the unit owner by certified mail. When thirty days have passed without the assessments having been paid, the eviction suit may then be filed. The suit is filed as what is called a “joint action”, which seeks a personal judgment against the unit owner as well as an order of possession (eviction order). When the matter reaches trial, the eviction statute requires the court to stay the enforcement of the eviction order for at least sixty days. Only then may the association employ the Sheriff to secure possession of the unit.
Feel free to contact a Logan Law, LLC condominium attorney, if you have any questions regarding the rights and responsibilities of delinquent Illinois condominium association unit owners, regarding collection of delinquent condominium assessments or if you need assistance or advice regarding other areas of condominium law.