Can a Condo Association Evict an Owner?

Jan 30 2020

FCondominium and HOA Lawyersor condo associations, assessments are the fuel that keeps the lights on. Without collecting the income owed by individual condo owners, an association will be unable to fulfill its duties. This raises an important question: What action can a condo association take against a delinquent member to collect the unpaid assessments?

Illinois Law: Condo Owner Evictions 

Under Illinois law (765 ILCS 605/9.2), condo owners can be evicted for failing to abide by their financial obligations. If a condo owner does not pay his assessment, the association’s board of directors may elect to bring an action against such owner known as an “eviction action.”

You may be wondering, how can you evict a condo owner from a unit that they own? The answer is that non-payment of assessments is sufficient cause for the association to obtain an order of possession for the unit from an Illinois court. Through this type of legal action, the association can ‘evict’ the owner and temporarily take control of the unit. Then, the association can rent out the specific unit in order to recover the financial assessment that is owed. Because condo owner evictions can be complicated, it is best to seek help from an experienced Chicago condo law attorney.

Speak to Our Illinois Condo Lawyers Today

At Keough & Moody, P.C., we have deep experience representing condo associations. If you have questions about evicting an individual owner, contact us for a confidential consultation. From our office locations in Naperville, Chicago and Tinley Park, we serve communities throughout the region.

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