How to Effectively Resolve a Condo Association Complaint

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Written by Alexa Jackson

Category: What We're Thinking About Lately...

Published: 26 March 2019

If you have a complaint that you would like your community association to resolve, here are some tips on how to handle the situation effectively. Your temper may be flaring, but try to keep these things in mind before speaking to the board or management. 

1. Remember what you signed up for. You are living in a community, which means there will be a prescribed set of rules that must be followed and everyone must compromise.
2. Educate yourself. Before approaching the board, make sure to review your association’s governing documents that list the board’s responsibilities. Knowing what the board handles will help you determine who to speak to about your complaint.
3. Keep your cool. Instead of yelling or sending angry emails, approach the board or management in an understanding and friendly way. Treating them with kindness will make the entire process more efficient.
4. Propose a solution. If you have a problem to bring up, also try to bring a possible solution to the table. You can even volunteer to help in implementing that solution. Show that you have a vested interest in the change.

To learn more, click here.

When is the Bank or a Third Party Responsible for Assessments After a Condo Forecloses?

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Written by Lauren Peddinghaus

Category: What We're Thinking About Lately...

Published: 21 March 2019

Handling a foreclosure in your condominium association can be confusing, and the process can drag on. If you are not collecting assessments from the condo owner while the foreclosure plays out, you should first understand what you need to do to protect any delinquent amounts and when you can expect to be paid post-foreclosure.

A foreclosure concludes with the judicial sale, when the property is auctioned. At this point, the property may be purchased by a third party or revert to the bank. Whichever entity takes ownership, they will be responsible for paying assessments as of the 1st of the month following the judicial sale date.

The lien on the unit is not extinguished until the bank or third party begins paying assessments. If the assessments are not paid promptly following the confirmation of the judicial sale (usually 1-2 months after the judicial sale date), the association may have a right to collect all of the assessments unpaid by the prior owner.

The association will recover delinquent amounts from the prior owner per statute from the third party or from the purchaser of the unit when the bank re-sells the property.

Legal Action Required to Collect Delinquent Assessments from Foreclosed Units

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Written by Lauren Peddinghaus

Category: What We're Thinking About Lately...

Published: 13 March 2019

When a condo owner goes into foreclosure, it is imperative that board review the owner's account for delinquencies and take the proper action to preserve any unpaid balances owed to the association.

If an owner has not been paying assessments throughout the foreclosure and the association does not take any legal action during that time, the lien against the unit for unpaid amounts will be extinguished by the foreclosure action and the association will not have any recourse to collect against the owner. 

Thanks to Section 9(g)(4) of the Illinois Condominium Property Act, however, an association has the right to collect 6 months of assessments unpaid by the owner if they have taken legal collection action. In June 2018, in Sylvia, LLC v. Baldwin Court Condominium Association, the Court clarified that filing a lien against the unit is sufficient to satisfy the legal action required by Section 9(g)(4) and preserve the right of the association to collect 6 months of unpaid assessments.

The unpaid assessments are paid either by a third party who purchases the unit at the judicial sale or by the purchaser who purchases the unit from the bank following the foreclosure.

There are other collection options that allow the association to collect all of the amounts due from the delinquent owner even if the unit is foreclosed. The route your association should take depends on a number of factors. If you need help with collection issues, contact Haus Financial Services for more information.

Property Tax Appeal Workshop TONIGHT (3/6) with Joe Moore

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Written by Alexa Jackson

Category: What We're Thinking About Lately...

Published: 06 March 2019

Joe Moore has teamed up with Cook County Commissioner Larry Suffredin to offer a convenient opportunity to learn how to appeal your property tax assessment and possibly lower your tax bill.