The most effective way to ensure collection of assessments is to adopt and strictly follow a clear, uniform, and business-like collection policy. All unit owners should be made aware of the policy. The Association should rarely deviate from it, if ever.

The collection policy should be fair but firm. Delinquent accounts should be turned over to an attorney for collection after a limited and definite number of days, without fail (we often recommend 60 days, but each association must make its own decision on the timeframe). The system should operate like clockwork. This proves to be effective in most cases because no delinquency is permitted to go on too long or get too large. In general, the longer a debt remains unpaid, the less likely it becomes that it will be paid. Knowing this, the Association must act without delay to try to collect delinquent assessments as soon as possible.

The method of collection also should be the most effective and least expensive. For this reason, forcible entry and detainer (eviction) cases are preferred. Illinois has a Forcible Entry and Detainer Act that contains provisions specifically addressing condominium and common interest ownership associations. The common interest ownership associations have to meet certain requirements to utilize the Forcible Entry and Detainer Act; it is generally not difficult, and we are ready to assist associations in doing so.

The first step of an eviction case is for the attorney to mail a 30-day notice and demand letter to the unit owner. In the event the delinquency is not paid within the 30 day period, the next step is to file a lawsuit. After approximately 3 weeks (longer when the Sheriff is unable to locate the unit owner for service), the case goes to trial. In most cases, the court enters an order for possession and judgment for damages for the entire amount due plus attorneys' fees and court costs. The eviction is stayed between 60 and 180 days; we find that most judges will stay the eviction the minimum number of days (60). In the event the judgment is not paid after 60 days, the matter is placed with the Sheriff to come to the unit and physically remove the unit owner and his/her possessions from the unit. This may seem to be a drastic remedy. We find that very few unit owners are physically evicted, since most will make sure to pay the amount due to avoid actual eviction. The litigation/potential eviction procedure is very effective because the vast majority of unit owners pay the full amounts due at one stage of the proceeding or another rather than lose possession of their homes.

Eviction cases are usually less expensive and more rapid than other methods of collection. We have found that filing of and foreclosing on a notice of lien is less effective and more expensive.