What is HOA/Condo Law?
Homeowners’ association law and condominium law are both unique areas of law that govern the relationship between individual owners (HOA member or condo unit owners) and the non-profit organization that protects the common interest of the community as a whole.
What is an HOA & Condo Law Attorney?
Also known as a community association lawyer, an HOA & condo law attorney is a legal professional who is qualified to handle HOA, condo, and townhome issues. In practice, an HOA/condo lawyer can assist you with a wide range of different issues—from drafting, reviewing, and interpreting an association’s governing documents to helping the association collect unpaid assessments or handling disputes.
Do Condo Members Have Rights Under State Law?
Yes. HOA and condo members have very important legal rights. As an example, under Illinois law, condo owners have the right to:
- Access the association’s governing documents;
- Receive reasonable notice for board meetings;
- Attend most, but not all, board meetings; and
- Be free from unlawful forms of discrimination.
To be clear, a condo owner’s rights also come with legal obligations. Most importantly, condo owners have a legal responsibility to pay monthly fees and special assessments on time. Additionally, individual members must abide by any applicable restrictive covenants.
How Can HOAs & Condos Collect Assessments from Delinquent Owners?
Homeowners’ associations and condo associations have a number of different options available to collect past due assessments from individual members and unit owners. Among other things, this includes sending a late notice, obtaining liens, filing for eviction, and moving for foreclosure.
Can a Condo Association Evict a Member?
Yes. In Illinois, a condo association can evict an individual unit owner in order to collect on a delinquent assessment (765 ILCS 605/9.2). By evicting a condo owner, an association essentially obtains an ‘Order of Possession’ that will allow them to take control of and rent out the property. The property can then be rented out until all past due assessments are satisfied. It should be noted that there are very strict rules and regulations governing condo/HOA evictions. If your association is considering evicting a member, it is imperative that you seek professional guidance.
Can an HOA Foreclose on a Homeowner?
Yes. When a homeowners’ association member fails to keep up with their financial obligations, the association may be able to collect on the delinquency by obtaining a lien. Should it prove to be necessary, the association has the authority to foreclose on this lien in order to collect the amount that is owed.
Get Help From Our Illinois Homeowners’ Association and Condo Law Attorneys Today
At Keough & Moody, P.C., our Chicago community association lawyers provide comprehensive, reliable representation and guidance to HOAs, condos, and townhomes. To request a fully confidential, no obligation consultation, please contact our legal team for immediate assistance. With law offices in Naperville, Tinley Park and Chicago, we serve clients throughout all of Northern Illinois.