Legal Question in Credit and Debt Law in Illinois

I am the president of a very small condominium association. We are one, two story building, with 8 units, and two, garage buildings. We are a not for profit organization with one non interest paying checking account. We do not file income taxes.

We have one unit owner that is delinquent in payment for a special assessment to replace our two garage building roofs. Also she is late every month paying her association fees.

We are sympathetic enough, because of her money situation, that we have been waiving late charges every month that she is late. This late charge is documented in our By-Laws.

My question is:

Do we need to file a lean against her in case she forecloses or sells to make sure the association is paid?

We are trying to do this as inexpensive as possible. If she can�t afford to pay her bills, she certainly can not afford to pay legal fees, which she will be responsible for.

FYI: We tried to implement a management team, but we are too small and no one really wants us. Or it was be expensive.

Regards,

LuAnn Gonsoulin, President

Willowcrest Homeowners Association

Crest Hill, IL. Will County.

Email: [email protected]


Asked on 10/14/09, 9:07 am

1 Answer from Attorneys
John Lee John D. Lee and Associates, LLC

If the association files/records a lien, and if the mortgage holder/bank forecloses on her mortgage, then your lien could be wiped out by the foreclosure and you get nothing. Or, if the condo unit sells for more than the mortgage due amount, you could get some or all of the past due amounts, including any recording fees and attorney fees. Want do you want to do?

John D. Lee

Attorney

1821 Walden Office Square, Suite 400

Schaumburg, IL 60173

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Answered on 10/19/09, 10:39 am


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