At the law firm of Dickler, Kahn, Slowikowski & Zavell, Ltd., our lawyers represent condominium and homeowner associations in eviction and collection actions throughout northern Illinois.
Under Illinois law, owners who don’t pay assessments can be evicted and have the possession of their unit turned over to the condominium or homeowner association. It allows associations to collect rent from existing tenants or rent the unit and apply the rent against assessments and other charges. It also allows associations to obtain a judgment for assessments, attorneys’ fees, and other costs in the eviction suit. The association does not pay the unit owner’s mortgage or other unit owner obligations once it obtains possession of that unit.
There are other procedures that can be used by associations to try and collect assessments. Associations can file a lien foreclosure action or can start a collection action. Both are slower, more expensive, and generally less effective than evictions.
When an account is turned over to the law offices of Dickler, Kahn, Slowikowski & Zavell, Ltd., our lawyers will review the account breakdown to be sure that all of the necessary information is recorded and check for possible inaccuracies or other problems. If all the information is given, we order a tract search from the title company to confirm that action is being taken against the record owner. Our lawyers will carefully review the search and investigate any unusual circumstances. We then send a “Notice and Demand” letter to the record owner using the owner’s name as it appears on record and mail the notice to the last known mailing address of the owner.
The delinquent owner has 35 days from the date that the demand letter is mailed to pay the full amount requested. The amount of the demand letter includes the cost of the tract search and our initial attorneys’ fees.
Many times the owner contacts us to discuss the debt, request clarification, or investigate any problems or questions. Most times we are able to convince the owner that the association has a valid debt and that the owner must pay. In that case, the collection action ends when we receive full payment from the homeowner.
If the owner has failed to make payment after 35 days, our lawyers will file a forcible entry and detainer (eviction) action. After the order for possession has been entered, the owner will have time to pay the judgment amount. If the total is not paid within the time granted by the Court, the association will have the right to place the order with the Sheriff to have the owner evicted.
We invite you to browse the Newsletters page, which contains valuable information about collections policies and evictions.
For More Information
If you have legal needs related to evictions, the eviction attorneys at the law firm Dickler, Kahn, Slowikowski & Zavell, Ltd. can assist you. Call 847-593-5595 (Arlington Heights) or 312-924-1352 (Chicago), or fill out the form to the right of this content, to discuss your situation with one of our attorneys.