Legal Question in Credit and Debt Law in Illinois

Collection of Condo Association Dues

I came across your name while searching for legal advice on the internet. We are currently seeking council to collect on our association dues from one owner in our small condo association.

We are a 4 unit association, 2 of us being newer owners. We are having difficulty collecting dues from one owner who currently owes approximately $2000.00, plus a small percentage in penalties allowed by our association rules. She acknowledges the debt but has not paid any money in 2 years. Note: The former owners also had trouble collecting dues on a new roof. Our understanding is they financed her share, she did not pay the association back, a lien was filed on her unit, and she filed bankruptcy.

We realize this is not a great deal of money, but repairs are needed, services and insurance have been paid, and it's only right that all owners pay their share. We are seeking advice on how to procede. Is this an issue for a lawyer or not? And if not where should we turn to for information? I appreciate any help you can give.


Asked on 1/25/03, 11:48 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Collection of Condo Association Dues

First of all, the amount of money involved makes this an appropriate matter for small claims court in which you do not need an attorney. If you hired legal counsel and paid a reasonable attorney's fee, you may not come out very far ahead if you do collect everything that is owed to you. Of course, this presumes that the condo associations articles do not provide for atorney's fees. If they do, and if you are actually able to obtain a judgment and collect the money, you may be able to recover your attorney's fees as well. However, you mention that the delinquent condo owner has filed Bankruptcy. If she listed condo association fees or assessments and she obtained a discharge in Bankruptcy then you may not be able to sue her or collect for those fees or assessments up to that point. I would certainly review the Bankruptcy documents(available at the Bankruptcy Court) before taking any action. Then you may elect to consult with an attorney regarding your optimal course of action. Good luck.

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Answered on 1/25/03, 12:24 pm


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