Force delinquent condominium owners to pay their assessments!
By law each condominium owner owes Assessments. This is your Association’s only source of revenue, and how you pay your bills and establish your reserves for future building wide and system projects. The collection of assessments is crucial for the operation and maintenance of your Association. When an owner fails to pay assessments, that owner is ignoring his or her legal obligation to your Association. The paying owners end up having to carry the delinquent owner. This is not fair or right. Furthermore, if the Board of Directors for the Association fails to collect assessments, the Board could be in violation of their fiduciary duties. The Law Office of Howard D. Weisman is here to protect you and force the delinquent owner to PAY UP!
Collecting from a delinquent condominium owner
In Illinois, an association can use Forcible Entry and Detainer (an eviction) against an owner for the non-payment of assessments and other common expenses. Remarkably, your Association can evict an owner from their residence and rent the property out to pay-off the debt to the your Association. The Association is not responsible for the mortgage or the taxes. The Law Office of Howard D. Weisman can procure a court order for your Association to order the Sheriff to put the owner to the curb! This is harsh, extreme, but necessary. As your attorney, I would make every effort to negotiate a court-enforced settlement first. There should be no reason why a property owner is not paying their share of the Association expenses. Nevertheless, the Association’s bills will not wait. The Sheriff may become a reality.
Once the unit owner or his or her tenant is out, your Association has the authority to lease the unit to another tenant or negotiate with the current tenant. THE RENT CHECK COMES TO YOU! This will pay off the debt. Furthermore, all attorney’s fees, unit improvements, fines, late fees, interest, court costs and rental fees are added on to the owner’s bill. In some circumstances, you can lease the unit for over two years!
Time frame
Once you retain the Law Office of Howard D. Weisman, I will help you produce and serve the 30-Day Notice. There are very particular procedures for this Notice that are scrutinized by the Judge if the case goes to court. I know how to effectively engage the 30-Day Notice for your Association. Many times, the owner realizes that you are serious. They will enter into a payment plan. If they do not, WE GO TO COURT! Upon successful service of the 30-Day Notice, The Law Office of Howard Weisman can file a complaint in the circuit court in your county. The Sheriff in your county must serve that complaint. If the unit owner hides or is in another location, we have excellent private investigators that are licensed to serve the complaint. After service of the complaint, I can procure a court date for you in as little as 10 business days! Depending upon how hard the owner fights, I can get you an enforceable judgment in less than 30 days.
Do not let delinquent unit owners lie and deceive you. You will be surprised how other delinquent unit owners start to pay when they see their fellow deadbeat’s furniture on the curb.
Call the Law Office of Howard D. Weisman for a consultation today. Collect those much-needed assessments now!