Legal Question in Real Estate Law in Illinois

My home is going through foreclosure. The HOA sends me a bill for "Review of Foreclosure". They said their attorney is charging them that amount, so they felt that they could pass the bill to me. I'm current in my monthly assessments. Are they allowed to do that by law?


Asked on 12/02/10, 5:11 pm

1 Answer from Attorneys

Yes. Your legal issues now involve the Association; it is a separate entity and unless your condominium's declaration and bylaws provide something else, are entitled to charge their attorney fees and costs to you when you involve them in what is effectively your own private legal matter because they are a necessary party to the foreclosure. Now the fees still have to be "reasonable" but today fees of $275 an hour and more are not unheard of.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 12/08/10, 1:17 pm


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