Barnett Law Firm, Ltd.

 

40 DuPage Court, Suite 306
Elgin, Illinois 60120             
Telephone: (847) 931-2436 
(312) 441-9026 
Facsimile:   (847) 468-0408 

 

INJUNCTIVE RELIEF:

obtaining relief requires:

recognizable right to be protected
violation of that right
inadequate remedy at law
irreparable injury

preliminary injunction (maintain status quo until ultimate determination):

likelihood of success on merits

temporary restraining order: (without notice; expires within 10 days)-immediate and irreparable injury before notice can be served

general procedure:

allegation of violation of rules
notice of hearing to unit owner
hearing held
violation found to occur
notice of determination of violation issued
time period required in declaration and listed in determination for remediation expires
board brings action for injunction to compel owner to remediate

[especially in cases where health/safety/welfare issues are implicated and time is critical, board may decide to proceed immediately for TRO or preliminary injunction without going through referenced steps]

FORCED SALE (not through lien foreclosure):

COURTS REALLY FROWN ON FORCED SALES

Forced sales are generally subject to the association following criterion established in the governing documents

general procedure:

allegation of violation of rules
notice of hearing to unit owner
hearing held
violation found to occur
notice of determination of violation issued
time period required in declaration and listed in determination for remediation expires
notice of termination of unit owner's rights issued
time period in declaration and listed in termination notice expires
board brings action to enforce termination of rights and force sale

LIEN FORECLOSURE RESULTING IN FORCED SALE

association seeks to recover monies owed it and obtain title to unit by recording lien, seeking adjudication of lien and ultimately forcing sale of unit through foreclosure process.


 

 


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