Legal Question in Real Estate Law in Illinois
HOA took possesion of house over unpaid dues. Lien has now been cleared. How do I get possesion back? they also have been renting property. Am i entitled to any money they collected in rent above what was owed?
2 Answers from Attorneys
You should be entitled to possession at the end of the lease. You should also be entitled to rents over and above the amounts owed to the HOA (dues, attorney fees, leasing costs.....). They should be accounting to you for this. A full review of the situation may reveal other issues..
I agree with Attorney Messutta and would usually expect possession to be returned without any issue. I do note, however, that after non-payment, there is a provision in the statute allowing the association to demand prepayment. While I have not run into this, perhaps they are connecting the right to possession with the right to prepayment.
I would start by calling the manager or, if none, one of the officers to inquire. If that does not get you results, there are several good law firms concentrating in condominium and other association matters. Search this site or do a more general search to find and interview a good firm to help you with this matter.