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Is the association responsible for the mortgage on a unit under possession? PDF Print E-mail
Saturday, 21 January 2012 17:37

Q. If an association takes over a condo because of the tenant not paying association, is the association responsible for the tenant's mortgage payments?  Does an association need a lawyer to write a 14 days letter of intent to enforce take over of their condo?

A. When a unit owner is delinquent in paying their assessments, the IL Condo Act grants condominiums associations organized under the Act the specific remedy of pursuing possession of the unit. This means that the association is granted the right to occupy the unit, and further, to rent the unit to a third party in order to recover the delinquent amounts.  Obtaining possession does not transfer ownership of the unit to the association.  The association does not assume the owner's mortgage payments and the owner is still liable to any bank holding a mortgage on the property.  

There are very specific steps that must be followed in order to obtain legal possession of a delinquent unit.  The process begins with a 30-day notice to the owner.  If the delinquencies are not remedied within the 30-day time frame, the next step is a Forcible Entry and Detainer lawsuit.  An association, which is regarded as a not-for-profit corporation, must retain an attorney for filing of this lawsuit (a corporation cannot represent itself in court).  Because of the very specific legal requirements in the process, the 30-day notice should be prepared by a knowledgeable condominium law attorney to ensure that proper procedures are followed from the initial step.  This will help to ensure a favorable result for the association.  

Lauren Peddinghaus, CMCA
Haus Financial Services, LLC

 

 

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