I received a call from a frantic man stating that he received a notice from his homeowner’s association stating that if he does not come current on his HOA dues including interest, penalties and attorney fees the homeowner’s association will take possession of his unit on May 6, 2011. The gentleman was distraught explaining that he had tried to make payment arrangements with HOA and the HOA would not cooperate. The man is a construction worker who has been laid off for months and has struggled to make payments on his mortgage as well. We have been hearing more and more stories regarding condo owners not being aware that if they fall behind on their assessments the condo association can take possession of their unit per The Forcible Entry and Detainer Act.
Illinois is one of the few states where the HOA is granted the power to evict a non paying association member. The association does this to obtain use of the property, so they can rent it and or collect rents to cure the homeowner’s dues default. The homeowner still owns the property but cannot occupy it until the payments are made up. They believe the threat of eviction to the homeowner is usually sufficient to motivate them to pay the owed amount. Many homeowners are so far behind at this point and unaware they can be evicted that they ignore the HOA hoping it will go away without knowing they have other legal remedies. Do not let this happen to you!!!!!!
For the full copy of the Forcible Entry and Detainer Act, please click on the link at the bottom of our page.