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8 THE CHICAGOLAND COOPERATOR   —FALL 2019  CHICAGOCOOPERATOR.COM  CONT...  nation, Illinois law does in fact provide   for the eviction of condominium owners.  action can be brought to foreclose the lien  moving a rental tenant from an investor  going to court. “The association can seek   “In Illinois, we have a unique remedy for  that is similar to a mortgage foreclosure  unit is no easy feat either. Schechter ex-  eviction and collection of unpaid mon-  etary obligations,” he says. “It is primar-  ily for uncollected monthly assessments,  ply the proceeds to payment of the debt.  tenants, regardless of how offensive their  to themselves, others or the property, you   but could also include fines and charges  It is important to note that in the event  behavior may be. Even if the tenant were  can get a civil commitment, which would   of other kinds that the owner has failed to  there is a first mortgage on the unit, the  to be in constant violation of a provision  get the resident out.”  pay. In most jurisdictions, you cannot get  bank’s lien is superior to the condomin-  someone out with an eviction case. You  ium’s lien. There  may be one other step  regulations, the condominium is still un-  have to go through a lien foreclosure. In  that can be taken to encourage the unit  able  to  remove the  tenant  because  the   Illinois, we do have that remedy as well,  owner to pay the money due. Depending  condominium is not in privity with that   but we use it sparingly.”  Kim goes on to explain that the evic-  tion does not transfer title for the prop-  erty; it merely transfers possession. The   statute was challenged in court many   years ago, but was upheld and found to be   constitutional.  It’s  similar  to  a  landlord-  tenant eviction remedy, but has distinct   procedures. When an owner is evicted   under the statute, there is a 60-day stay   issued during which the owner can cure   the offense by bringing his or her ac-  counts current. If the owner is willing and   able to do that, then the eviction order is   vacated. If not, the owner is evicted from  and regulations, it may be possible to sus-  the premises. This procedure can be used  pend certain non-essential services that  such as blood, lease, or service. -  to collect unpaid fines as well. Once the  the unit owner receives.”  condominium association has taken the   unit, the association can lease the unit  “While a unit owner in a condominium  take action to evict the tenant.”   out and collect rent from it. If the unit is  cannot be removed for non-payment of   already leased out and the tenant is desir-  able, the association can choose to let the  can be utilized by condo boards to ac-  tenant remain and take an assignment of  complish the same result. For example,  buy a unit – so presumably, they’ve read   the rent it is paying.  Julie Schechter, a partner at the New  minium can request the court appoint a  never so much as glanced at those docu-  York City law office of Armstrong Teas-  dale, explains that a condominium asso-  ciation has recourse against a unit owner  and refuses to pay the rent ordered by  that they and/or their tenants will comply   only  for  monetary defaults  issues – and  the receiver, the condominium board can  with those rules and regulations. Despite   that  means non-payment  of  common  bring an action to remove the unit owner  that, if the tenant violates the rules and   charges, almost exclusively. Unlike co-op  for failure to comply with the receiver’s  regulations, the unit owner has an obliga-  shareholders, condo owners cannot be  order. If the action is successful, the unit  tion to begin proceedings to remove the   removed for bad behavior. She describes  owner can be removed.”  the process as follows:  “When a condominium is owed com-  mon  charges,  the  board  can  file  a  lien  ciates in Wyckoff, New Jersey, says that  “The best leverage under most governing   against the unit. Once the lien has been  getting an owner out of their unit “is not  documents is when an association stands   filed, the board has two options: it can  like a landlord-tenant situation. The only  in the shoes of the owner. The owner has   bring an action to recover the money due,  way to remove an owner is if he or she  a renter, the renter is a problem, but the   or it can foreclose on the lien. Neither  defaults and you can get a lien, foreclose  owner doesn’t take action. Many times,   is very fast, but a lawsuit to recover the  the lien, get a sheriff’s sale, and dispose of  an association’s governing documents say   money due is less expensive and faster  the unit.” In other words, a removal has  the  association  may  step into the  own-  than a lawsuit to foreclose the lien. If the  to be for monetary default. “If it’s non-  board is successful in a lawsuit to recover  monetary, you can get sanctions and fees,  That’s the best leverage over a renter.”  the money due, it will obtain a money  and maybe some monetary relief, but it’s   judgment that can be enforced against  virtually impossible to remove someone  to  the  resolution  process  in  condomini-  bank accounts or other assets of the unit  if they own the unit.”  owner. The assistance of an enforcement   official like a city marshal or sheriff is re-  quired to enforce the judgment.”   Alternatively, Schechter continues: “An  unit may be nearly impossible – but re-  action. If the action is successful, the re-  sult is a judgment to sell the unit and ap-  on the bylaws, and the community’s rules  tenant. (Privity is a relationship between   She also outlines a possible scenario:  privity with his or her tenant, and can   common charges, there are tactics that  and regulations set forth in their commu-  during a foreclosure action, a condo-  receiver to collect rent from the unit. If  ments, they can’t claim they didn’t know.   the unit owner is still living in the unit  Regardless,  a reasonable expectation is   Scott Piekarsky, Managing Member  board.  with the law firm of Piekarsky & Asso-  Removing an Association    Member’s Tenant  Removing  an  owner  from  his  or  her  iums be offered ADR in the form of pro-  plains: “Condominium  boards  lack the  never seen anyone forced out through in-  legal standing to remove unit owners’  junctive relief though. If they are a danger   of the condominium’s bylaws or rules and   two parties that is recognized by law,   Ed  ) The   condominium unit owner, however, is in   Unit owners are locked into the rules   nity’s governing documents when they   and agreed to them. But even if they’ve   tenant – not the condo association or its   In New Jersey, explains Piekarsky:   er’s shoes and take the necessary action.   New Jersey law also adds another layer   um disputes, which is an alternative dis-  pute resolution (ADR). New Jersey state   law requires that all owners in condomin-  fessional mediation or arbitration before   injunctive relief,” Piekarsky says. “I’ve    Bad Behavior  For Chicagoans, Kim describes anoth-  er method of removal unique to Illinois.   It  is  called  involuntary  sale  and  can  be   used when a unit owner’s behavior is tru-  ly beyond the pale. “In the Illinois Con-  dominium Declaration, there is an action   called involuntary sale wherein if an own-  er commits serious material default – not   necessarily monetary, but rather a breach   of covenants – an association can notify   the owner and give notice of 10 to 30 days   to terminate their right to possession and   ownership. If the owner doesn’t sell their   unit in that period, the association can   institute an involuntary sale proceeding.   They can ask for a judicial sale with a re-  straining order to prevent the offending   owner from redeeming the unit or buy-  ing it back himself at the sale.” Of course,   all outstanding lien holders are protected   under such a sale, should it occur.  Overall, the power of a condominium   association  is  sharply  limited  in  most   states when it comes to removing trouble-  some or non-paying owners and/or their   tenants.  When  problem situations arise,   associations should act quickly and turn   to  their  attorney  for  help  with  a  resolu-  tion. Dawdling will only cause unpaid   charges or offensive incidents to pile up.   Ownership comes with rights and re-  sponsibilities, as does the stewardship of   board members. Both should be taken se-  riously and acted on with alacrity.           n  A J Sidransky is a staff writer/reporter   with The Chicagoland Cooperator, and a   published novelist.  REMOVING A ...  continued from page 1   “In Illinois, we have a unique remedy for eviction   and collection of unpaid monetary obligations. It is   primarily for uncollected monthly assessments, but   could also include fines and charges of other kinds   that the owner has failed to pay.”       — Michael Kim


































































































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