| One of the most important functions of the board is to collect
assessments from unit owners. Fairness dictates that all unit owners
pay their proportionate share of the common expenses. There is
nobody who can or will pay the bills except the unit owners who
benefit thereby. When your neighbor fails to pay his or her assessments,
the balance of the budget has to be made up somehow, and ultimately
it may mean a decrease in service or increase in fees that must
be suffered by those unit owners who do pay.
The boards have no authority whatsoever to forgive or waive
payment of assessments, and they have a duty to make reasonable
efforts to recover unpaid delinquent assessments. Fortunately,
in Illinois, condominiums have the right to pursue eviction
cases against unit owners who fail to pay assessments. It is
similar to a landlord-tenant eviction except the owner can
regain possession at any time by paying all charges in full.
This procedure is very technical, and requires certain notice
forms. The association should not try to take collection action
without retaining a qualified attorney to assist the board.
In addition to the eviction procedure, the board has a lien
against the unit for all delinquent common expenses, unpaid
fines when due, any interest and late charges, reasonable attorney
fees incurred enforcing the covenants, rules and regulations
or applicable law, and costs of collection. The board may record
and foreclose a lien.
If a unit owner files bankruptcy, the board may not proceed
with collection action against the unit owner except with permission
of the bankruptcy court. This includes withholding of association
privileges or any other action intended to obtain payment.
The lien of the association survives bankruptcy. In addition,
the debtor is required to pay assessments that come due from
and after the date he or she files the bankruptcy. |
