The Short Answer
Yes. In Illinois, a condominium association can foreclose on your unit over unpaid assessments, and it can also evict you from your own condo while you still own it. Boards and their collection attorneys use both tools regularly.
But here is the part the collection letters tend to leave out: the association cannot take your home on its own. It has to go through the courts, and the law puts real requirements on every step of that process. When a board cuts corners, and they often do, a unit owner who pushes back has genuine defenses.
Every case is different, and this article is not legal advice. It explains how the process works under the Illinois Condominium Property Act (765 ILCS 605) and where the pressure points are. If you have received a demand letter or court papers, the deadlines are short, so do not wait to get advice on your specific situation.
How an Unpaid Assessment Becomes a Lien on Your Unit
Under Section 9(g)(1) of the Condominium Property Act, when a unit owner fails to pay assessments or fines when due, the unpaid amount becomes a lien on the unit. The lien is not just the missed assessments. It also includes interest, late charges, reasonable attorney fees incurred enforcing the governing documents, and costs of collection.
That last part matters. A $2,000 assessment dispute can grow into a five-figure lien once the association's attorneys get involved. This is one reason acting early is almost always cheaper than waiting.
The lien takes priority over most other claims on the unit, with limited exceptions such as property taxes and a first mortgage recorded before the default.
The Two Ways an Association Can Come After Your Unit
Once there is a lien, the association has two main paths, and both run through a courtroom.
Path one: foreclosure. The association can foreclose its lien in the same manner as a mortgage foreclosure. That means a full lawsuit in the circuit court, with a complaint, service of process, and the chance to appear and defend. If the association wins, the unit can eventually be sold to satisfy the lien.
Path two: eviction. Under Section 9.2 of the Act, the association can instead file an eviction action to take possession of your unit while you keep the title. This surprises many owners. If the association wins, the sheriff can remove you, and under 735 ILCS 5/9-111.1 the board can then rent your unit to a tenant. The rent goes first to the amounts you owe, including attorney fees and court costs, and the initial lease term cannot exceed 13 months, though a court can extend it. Any surplus rent must be returned to you. Once the debt is paid, you can get your unit back.
The eviction path is faster and cheaper for associations, so it is the one we see most often in Cook County.
The 30-Day Demand: Where the Clock Starts
Before an association can file an eviction action over unpaid assessments, it must serve you with a written demand under 735 ILCS 5/9-104.1. The demand must give you at least 30 days to pay, and it must state the amount claimed and the time periods when those amounts originally came due.
Read that demand carefully, because the statute holds the association to it:
- Full payment of the demanded amount defeats the case. If you pay everything demanded within the 30 days, the demand is invalidated and the eviction cannot proceed on it.
- Partial payment usually does not. The demand must warn you, in prominent language, that only full payment invalidates it unless the association agrees in writing to accept less.
- The attorney fees in the demand are not automatic. Fees claimed by the association remain subject to review by the court in the eviction proceeding. Inflated or unreasonable fees can and should be challenged.
- Service rules apply. The demand can be served personally, by certified or registered mail to your last known address, or by posting. Defects in how the demand was prepared or served can be a defense.
Defenses That Actually Work
Not every defense that feels fair is one a court will accept. Here are the ones with real teeth.
The assessment was never validly adopted. An assessment is only collectible if the board followed the process the Act requires. Unit owners must receive a copy of the proposed annual budget at least 25 days before the board adopts it, and owners are entitled to advance notice of any board meeting where the budget or a special assessment will be adopted. Certain large increases give owners a right to petition for a vote, and certain projects require owner approval. If the charge underneath the lien was adopted in violation of the Act, the lien built on top of it is vulnerable. We covered several of these owner protections in our earlier guide, Do You Have a Claim Against Your HOA?
The math is wrong. Association ledgers are frequently a mess. Payments applied to the wrong charges, late fees stacked on disputed amounts, fines that were never imposed after a proper hearing, and charges that the governing documents do not authorize. You are entitled to demand an accounting and to challenge each line item.
The demand or the lawsuit is procedurally defective. A demand that omits required content, misstates the amounts, or was not properly served can defeat the action, as can defects in the eviction or foreclosure filings themselves.
The fees are unreasonable. Even when some debt is owed, courts review the association's claimed attorney fees for reasonableness. Cutting the fee component down can transform a case from impossible to resolvable.
The Defense That Does Not Work: Withholding Payment Over Repairs
Many owners stop paying assessments because the board refuses to fix something, often damage to their own unit caused by a leaking roof or failing common elements. The instinct is understandable. Legally, it is dangerous.
In Spanish Court Two Condominium Association v. Carlson, 2014 IL 115342, the Illinois Supreme Court held that an association's failure to maintain or repair the common elements is not a defense to an eviction action for unpaid assessments. The duty to pay assessments and the duty to maintain the property are separate obligations. You may well have a valid claim against the association for the repairs, but you have to bring it as its own lawsuit. You cannot use it as a shield in the collection case.
The practical takeaway: keep paying, formally under protest if appropriate, and pursue the board's failures through a records request, a demand, or an affirmative claim. Do not hand the association an easy eviction by self-help.
What to Do If You Have Received a Demand or Been Served
- Do not ignore it. The 30-day demand period and court deadlines are unforgiving, and a default judgment gives the association everything it asked for.
- Request the records. Under Section 19 of the Act, you can demand the association's books and records in writing, and the board has 10 business days to respond. Get the full ledger for your account and the documents showing how the underlying assessment was adopted.
- Check every number. Compare the demand against your payment history and the governing documents. Identify what is actually owed versus what is padding.
- Get advice before the deadline, not after. The earlier a lawyer is involved, the more options exist: negotiating a payment plan, challenging the defective portions of the demand, or defending the case outright.
We Represent Unit Owners, Not Boards
Our practice represents homeowners and condo owners in disputes with their associations, including foreclosure and eviction defense. If your board is threatening your home, contact The Law Office of Krista Krepp at contact@krepplaw.com or schedule a consultation online.
Frequently Asked Questions
Can my condo association take my unit without going to court? No. To enforce its lien, the association must either foreclose through the courts, the same way a bank forecloses a mortgage, or file an eviction action for possession. In both cases you have the right to appear, challenge the amounts, and raise defenses.
How long do I have once I receive a demand for unpaid assessments? The statutory demand must give you at least 30 days to pay before an eviction action can be filed. Paying the full demanded amount within that window invalidates the demand. Partial payment does not, unless the association agrees in writing.
Can I stop paying assessments because the board will not make repairs? No, and this is one of the most costly mistakes an owner can make. The Illinois Supreme Court held in Spanish Court v. Carlson that the board's failure to repair is not a defense to an assessment collection case. Keep paying and pursue the repair issue as a separate claim.
What happens to my condo if the association wins an eviction case? You still own the unit, but the association takes possession and can rent it out. The rent is applied to the judgment, the accruing assessments, and the association's fees and costs, with any surplus returned to you. Once the debt is satisfied, possession returns to you.
Can I fight the attorney fees the association added to my balance? Yes. Attorney fees claimed in a collection demand are subject to court review for reasonableness. Courts do reduce fee claims that are inflated or unsupported, which often changes the settlement picture significantly.
Does this apply to my townhome or single-family HOA? Not exactly. This article covers condominiums under the Condominium Property Act. Many townhome and single-family associations are governed by the Common Interest Community Association Act (765 ILCS 160), which has similar but not identical rules. The right starting point is identifying which statute governs your community.