When an owner stops paying assessments, every other owner covers the gap. That's why Illinois gives condo associations some of the strongest collection tools in the country. Understanding them helps boards act decisively — and helps owners understand what's at stake.
This guide covers the lien, foreclosure, eviction, and what happens when a lender forecloses on a unit. It also walks through how boards choose between remedies, special situations like bankruptcy and vacant units, and what owners who fall behind can do. Remember that, starting January 1, 2027, an association can't take legal action to collect assessments unless it has adopted, and follows, a written collection policy.
Why unpaid assessments affect everyone
A condo association's budget assumes every owner pays their share. When one doesn't, the bills still come due. In the short term, the association covers the gap from operating funds or reserves. In the long term, other owners pay through higher assessments, delayed projects or special assessments.
A high delinquency rate can also make it harder for buyers to get mortgages in the building, since lenders review a project's financial health. Effective collections protect property values as well as the budget.
The association's lien
Under Section 9(g) of the Illinois Condominium Property Act, when an owner fails to pay common expenses or a fine, the unpaid amount — plus interest, late charges, reasonable attorney fees and collection costs — becomes a lien on the owner's unit.
That lien has priority over all other liens and encumbrances, recorded or unrecorded, with two main exceptions:
1. Taxes and special assessments levied by government bodies; and
2. Encumbrances recorded before the delinquency — typically the owner's first mortgage.
The board may record notice of the lien with the county, and once it does, the lien can be foreclosed in the name of the board, the same way a mortgage is foreclosed (Section 9(h)). The board may also bid on the unit at the foreclosure sale and then hold, lease or sell it, unless the declaration says otherwise (Section 9(i)).
Why recording the lien matters
Recording a notice of lien puts the world on notice that the association is owed money. It generally must be addressed before the owner can sell or refinance with clear title, which gives the association a strong chance of being paid at closing. It's also a prerequisite for lien foreclosure.
Eviction: the faster remedy
Lien foreclosure is slow and expensive. Most Illinois associations instead use the remedy in Section 9.2: an eviction action against the defaulting owner (or their tenant) under Article IX of the Code of Civil Procedure — the same law landlords use.
If the association wins, it can obtain possession of the unit. The owner still owns the unit, but can't live in it or collect rent from it until the debt is resolved; in many cases the association may lease the unit and apply the rent to the balance. For most owners, the prospect of losing possession is a powerful incentive to pay or agree to a payment plan.
Eviction cases have specific notice requirements and procedures, and courts expect them to be followed exactly. This is work for the association's attorney.
How an eviction case typically unfolds
The details vary, and your attorney will handle each step, but the general stages look like this:
1. Written demand. The attorney serves the owner with a formal demand for the amount owed, giving the owner the period required by law to pay.
2. Filing. If the balance isn't paid, the attorney files an eviction complaint in court.
3. Service and court date. The owner is served and given a date to appear.
4. Hearing. The owner can contest the amount or raise defenses. Many cases settle at this stage with a payment agreement.
5. Judgment. If the association prevails, the court enters a judgment for possession, often with a stay giving the owner a period to pay before possession is enforced.
6. Enforcement. If the owner still doesn't pay, the sheriff enforces the order and the association takes possession.
Most cases never reach the final step. The process itself usually prompts payment or a settlement.
Choosing the right remedy
Every delinquency is different. Boards, working with counsel, usually consider:
Balance and trend. Is the balance growing each month, or is the owner making partial payments?
Occupancy. Is the owner living in the unit, renting it out, or has it been abandoned? Eviction is especially useful when the unit is rented or vacant, because the association may be able to lease it.
Mortgage status. Is the lender foreclosing? If so, the six-month rule and timing of the association's own action become important.
Equity. Is there enough value in the unit for a recorded lien to be paid at a future sale?
Cost. Will the likely recovery justify the legal fees? (Fees are added to the owner's account, but that only helps if they're collectible.)
The collection policy. Whatever the board chooses must be consistent with its adopted written policy.
Attorney fees and collection costs
Attorney fees the association incurs because of an owner's default are added to that owner's share of common expenses (Section 9.2(b)). Other collection fees, such as a management company's collection charges, can only be added if they relate to collecting common expenses, are in the management contract, and are specifically authorized by the declaration or bylaws.
When a lender forecloses
Often a delinquent owner is also behind on their mortgage, and the lender forecloses. How does the association get paid?
The buyer at a foreclosure sale owes assessments going forward. Whoever buys the unit at a judicial foreclosure sale — or the lender, if it takes title — must pay assessments starting the first day of the month after the sale, deed in lieu or court order. Once the new owner pays, the association's lien for the prior owner's unpaid assessments is extinguished (Section 9(g)(3)).
The six-month recovery. Under Section 9(g)(4), a buyer at a foreclosure sale other than the lender — or someone who later buys the unit from the lender — must pay up to six months of regular assessments that were unpaid by the prior owner in the six months before the association filed its collection action, plus attorney fees. This is sometimes called the Illinois condo "super lien." Because the six-month window is measured from when the association files its own collection action, timing matters — ask your attorney about acting early when a unit is heading toward foreclosure.
Foreclosure sale notices must state that non-lender buyers owe these amounts, and the association's account statements and resale disclosures must show them.
Stalled foreclosures and vacant units
Sometimes a lender starts foreclosure and then lets the case sit, while the owner has moved out and nobody is paying assessments. These units can drain an association for months or years. An eviction action can let the association take possession and lease the unit, turning a vacant, non-paying unit into rental income applied to the balance. Talk with your attorney about this option early.
Special situations
Bankruptcy. When an owner files for bankruptcy, federal law generally imposes an automatic stay that pauses most collection actions. The association should stop collection activity and have its attorney file the appropriate claim and monitor the case. Assessments that come due after the bankruptcy filing are often treated differently from the prior balance — your attorney can explain how.
Deceased owners. If an owner dies, assessments continue to accrue. The association should identify the estate's representative or heirs and pursue the balance through the estate, with counsel's guidance.
Disputed balances. If an owner disputes the amount, provide a detailed account statement and review it carefully. Correct any errors promptly. A clear, accurate ledger is the association's best evidence.
Other tools and requirements
Lender inquiries. A mortgage lender can request a written statement of unpaid assessments on a unit. If the association doesn't respond within 20 days, unpaid assessments that came due before the request become subordinate to the lender's lien (Section 9(j)). Respond promptly.
Account statements. On 10 days' notice and a reasonable fee, any owner is entitled to a statement of their account (Section 18(i)).
No forgiveness. The association has no authority to forbear the payment of assessments (Section 18(o)). Payment plans are fine; waiving the debt isn't.
A sensible collection timeline
Your written collection policy will set your own timeline. A common structure:
1. Day 1 after due date: Account is past due.
2. Day 15–30: Late fee applied per policy; reminder notice.
3. Day 30–60: Second notice offering a payment plan.
4. Day 60–90: Final demand; referral to attorney per policy.
5. After referral: Eviction demand and, if unresolved, an eviction action; record the lien if appropriate.
(For more on writing the policy that governs this timeline, see Illinois Condo Associations Need a Written Collection Policy by January 1, 2027.)
Board best practices
Act early. Small balances are much easier to resolve than large ones.
Follow the policy every time. Consistency is both fair and legally required from 2027.
Review the delinquency report at every board meeting, in closed session when discussing individual accounts.
Keep individual account details confidential. Discuss specific owners only in closed session, and vote in open session without unnecessary detail.
Monitor foreclosure filings on units in the building so the association can protect its six-month recovery.
Respond to lender inquiries within 20 days.
Use experienced counsel for every legal step.
For owners: if you're behind on assessments
Talk to the manager right away. Payment plans are easiest to arrange before legal action begins.
Ask for your account statement so you know exactly what you owe.
Keep paying current assessments if at all possible, so the balance doesn't grow.
Understand the stakes. Attorney fees are added to your account once the matter is referred, and the association can seek possession of your unit through eviction.
Get agreements in writing.
If you're selling, expect the balance to be paid at closing.
If you're facing hardship, ask whether the association's collection policy offers longer payment plans in qualifying cases.
Frequently asked questions
Can the association really evict me from a unit I own?
Yes. Section 9.2 allows the association to bring an eviction action for unpaid assessments. You keep ownership, but the association can obtain possession until the debt is resolved.
Does the association's lien come before my mortgage?
Generally not, if the mortgage was recorded before the delinquency. The association's lien has priority over most other liens, but not taxes or previously recorded encumbrances.
I bought a unit at a foreclosure sale. Do I owe the prior owner's assessments?
If you're not the foreclosing lender, you may owe up to six months of the prior owner's unpaid regular assessments, plus attorney fees, under Section 9(g)(4).
Can the board forgive my balance?
No. The Act says the association has no authority to forgive or forbear assessments. A payment plan is the usual solution.
The bottom line
Illinois condo associations aren't powerless against delinquencies. A priority lien, eviction, fee recovery and the six-month rule give boards real leverage. What makes those tools work is acting early, following a written policy, choosing the right remedy for each situation and letting experienced counsel handle the legal steps.
Related reading:
Illinois Condo Associations Need a Written Collection Policy by January 1, 2027
How to Read Your Condo Association's Financial Statements (Without a Finance Background)
Selling a Condo in Illinois: The Association Disclosure Package, Deadlines and Fees
Fining Owners in an Illinois Condo: Notice, Hearings and Fair Enforcement
Pimmit Run Management tracks every delinquent account against your association's collection policy and coordinates with counsel on liens and eviction. Contact us to learn more.
This article is general information, not legal advice. Collection actions have strict procedural requirements; consult your association's attorney.
This article is general information, not legal advice. Consult your association's attorney about your specific situation.