To deal with a unit owner of a condominium who is not paying an assessment, the rights and obligations of the condominium association and the owner will be set forth in the Declaration for that Association and/or in the Illinois Condominium Property Act. Before you can place a lien on the property itself, you must have have a proper judgment. Prior to that time, though, there are documents that can be recorded (under certain circumstances) to advise the public that there is an issue affecting the property. For example, where there is a lawsuit filed affecting property, a lis pendens can be recorded to advise the public of the existence of that lawsuit. Before recording anything against someone else's property you should consult with an attorney.
Both myself and other lawyers at my firm handle these types of issues. I would be happy to discuss this with you further if you would like to email me at dswayne@arnstein.com. - Fri Jun 27 2008, 11:45
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