Condo association disputes in Cook County are quite common and can occur for a multitude of reasons. A more common type of condo dispute arises in circumstances where condo owners get behind on their monthly dues and/or special assessments related to the repair and maintenance of common areas. Once a condo owner defaults on these assessments, Illinois condominium law permits a condo association to attach an automatic lien to that owner’s unit. These types of condo association disputes in Cook County often result in litigation, requiring the expertise of a condo disputes attorney.
The Illinois Condominium Property Act (765 Ill. Comp. Stat. 605/1 through 605/32) regulates the functioning of these types of condo units and their boards and associations. Both Illinois law, as well as the condo association bylaws will govern the type of charges that may be included in the lien. In Illinois, a condo association may attach a lien on a unit owner’s property for:
- past due assessments
- late charges
- reasonable attorney’s fees
- costs of collection
In instances where a condo owner defaults on owed assessments, condo associations are permitted to foreclose on the lien or evict the unit owner. A condo foreclosure transfers ownership of the property to the condo association. An eviction only transfers the right of possession so that the condo association can then rent out the unit in order to recover the past due assessments, as well as cover current assessments. An experienced attorney can assist you in handling your condo foreclosure or eviction action.