What to Do About Delinquent Condominium Owners’ Fees?

 Posted on November 25, 2024 in Real Estate

Illinois condominium owners typically must pay assessments to their condominium association. Condominium associations rely on this fee to pay for operating costs that cover everything from amenities to funding for future projects. In fact, if a condominium association does not collect assessments, it may face a lawsuit for failing to do so.

Condominium associations should have a strong collection policy for delinquent assessments in place and enforce that policy. An Illinois attorney with experience representing condominium associations can advise condo management and board members on the steps to take when facing delinquent condominium owners.

Keep Track of Delinquencies

Condominium associations should first ensure that they monitor all assessment payments. A good practice is to send all unit owners monthly ledgers showing amounts due. This promotes timely payment. Condominium associations should also keep monthly ledgers that are a record of delinquencies in the event legal action must be taken.

Impose Late Fees

Having a late fee policy in place and strictly enforcing that policy can also help incentivize timely assessment payments. The condominium associations’ rules and regulations should lay out the fee amount. Any late fees should be added to the monthly ledger of overdue payments.

Send a 30-Day Notice

By law, Illinois condominium associations must give unit owners at least 30 days to pay for delinquent assessments before they can file a legal action against the delinquent owner. A board may wait to take legal action, but it is not advisable to wait too long because association board members have a fiduciary duty to manage the association properly. The 30-day notice should contain the following:

• The current amount owed

• The date the amount was due

• The deadline for payment

File a Lien

If the condominium association owner does not pay the delinquent assessment, the association may receive a lien against the unit. The lien allows the association to eventually force the sale of the unit and use the proceeds to pay the delinquent assessment. 

Initiate an Eviction Action

The association can also choose to evict the owner by filing an eviction action in court. In this type of eviction, the association will take possession of the property, but the owner will still own the unit.

Contact Our Arlington Heights, IL Condominium Association Lawyer

Condominium associations depend on owners’ assessment payments in order to operate the condominium. Additionally, condominium association legal issues are complex and bound both by Illinois laws and condominium association documents. That is why it is important to speak to experienced Cook County, IL condominium association attorneys who can advise on what to do if you have delinquent condominium owners. Our attorneys at Dickler, Kahn, Slowikowski & Zavell, Ltd. have experience representing condominium associations. Contact us at 847-593-5595 for a confidential consultation.