Q I am the property manager for a medium sized condo association. There is an
owner who is several months behind on their assessment. We have followed the
standard protocol of the association of sending out notices and it is reached
the point where we should have to put them in collection. The owner lost her
job a couple months ago and is in a tight financial situation anyway, so we
have tried to remain sensitive to the situation but the delinquent payments
keep accumulating. What should we do next? Do we place a lien on the property?
Is there anything in the IL Condo Act that specifies a course of action for
such situations?
—Being Proactive
A “Everyone’s declaration and the Act, in particular, Sections 9, 9.2 18 and 18.4, covers
assessments and their collection,” says attorney Sima Kirsch of The Law Office of Sima Kirsch, P.C. in Chicago. “No board may forgo collection; to do so is a breach of its duty to the other
owners. Therefore, a board is best served to establish a policy for assessment
collection being sure it is in procedural compliance with the law and keeping
in mind that every owner must be treated similarly and similar issues must be
handled similarly. Each declaration provides the board immediate options, if
policies are in place, and a board is empowered to select among the methods
depending on the problem. If there is a tenant there are other rules that
apply. The sections of the act and those of your declaration must be read and
interpreted in junction with other federal and state laws and statutes that can
be complicated in their proper application such as the Civil Practice Act, the
Fair Debt Collection Practices Act and the Fair Housing Act. A board to be
proactive should hire an attorney to understand its primary functions and
assistance with creating a best practices board.”
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