Legal Question in Real Estate Law in Illinois

An attorney has sued me for condo fees without my knowledge, while I was in communication with their finance dept to inform them that I had filed and discharged my bankruptcy, and provided pertient information. Question is, does the attorney have the right to sue me?


Asked on 12/07/10, 9:07 am

1 Answer from Attorneys

Condo Associations hire attorneys to handle the Association's affairs. When a unit owner needs the condo association to deal with a unit owner issue, the Association can charge the unit owner its out of pocket costs and expenses. So, for example, if a unit owner needs the association to complete paperwork for a unit owner's refinance, there is usually a fee associated with that request. At least in larger associations.... So if the Association's attorneys have to become involved, the Association usually will pass the attorney fees back to the unit owner that "caused" the issue. The right to do so is part of Illinois law and properly worded condominium declarations and/or rules.

Assuming you as unit owner were dealing with the Association's attorneys because of an issue you had with the Association or vice versa, then 99:1 yes they can charge you. And if you didn't pay the fees, yes they can sue you and now not only claim the unpaid fees as damages against you, but on top of that the fees and costs of suing you to collect them.

What does not necessarily make sense is the timing with your bankruptcy.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 12/13/10, 11:25 am


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