Illinois Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees

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Description

A condominium is a combination of co-ownership and individual ownership. Those who own an apartment house or buy a condominium are co-owners of the land and of the halls, lobby, and other common areas, but each apartment in the building is individually owned by its occupant. Either in the bylaws of the condominium association, the declaration of condominium filed in the land records of the county where the condominium is located, or in some other document, there will be an agreement among the unit owners regulating the administration and maintenance of the property, including payment of assessments by the owners.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In Illinois, Section 22.1(a) of the Illinois Condominium Property Act describes the information that the owner must obtain from the board for inspection by a prospective purchaser, upon demand, in the event of any resale of a condominium unit by a unit owner other than the developer.

The Act at Section 2 (e) defines common elements. It states: "2 (e) "Common Elements" means all portions of the property except the units, including limited common elements unless otherwise specified."

Sec. 33. Limitations on the use of smoking cannabis. The condominium instruments of an association may prohibit or limit the smoking of cannabis, as the term ?smoking? is defined in the Cannabis Regulation and Tax Act, within a unit owner's unit.

In Illinois, condo owners may be forced to sell as part of a deconversion sale, even if they strongly object to the deal.

Sec. 18.4. Powers and duties of board of managers. The board of managers shall exercise for the association all powers, duties and authority vested in the association by law or the condominium instruments except for such powers, duties and authority reserved by law to the members of the association.

HB 5246 ? Document request, deadlines, and fees Starting January 1, 2023, House Bill 5246 will reduce the timeframe for condominium associations in Illinois to provide certain disclosures under Section 22.1 of the Illinois Condominium Property Act (unit resales) from 30 to 10 business days.

If you refuse to pay a special assessment and do not formally challenge it, there are additional consequences as well. Your HOA can charge you late fees, take you to court, bar you from using community resources and common areas, and even put a lien on your property if you continue to neglect to pay.

The largest disputes arise from assessments (payments made to your HOA or COA). If you don't pay your HOA or COA assessments, you can face severe legal consequences, including eviction or foreclosure. A condo declaration states that assessments are liens against the property and the owner's personal obligation.

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Illinois Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees