hoa legal question illinois

Asked by Jeff Mcdermott, Oxnard, CA Tue Apr 29, 2008

I have a home in chicago, has equity but the hoa is so expensive and goes up every year I cant keep up. 630 a month and the mortgage is only 1500. the hoa filed a summons to appear and says that they now have possession of my unit and are evicting the tenants. I dont think they can do this but I need any advice that can be offered. I have found nothing in the bi-laws, cc&r's, condo rider or anywhere else that states that they can take possession of my house for non payment of dues.

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Ken Dooley, Agent, Chicago, IL
Thu May 1, 2008

The Decs and By-Laws may not have addressed this particular event and how to deal with it but the HOA appears to have taken the appropriate steps to take possession of your unit by going through the courts. Likely not much you can do after the fact but do seek legal advice to explain to you what you can do moving forward to either get current with outstanding assessments or sell the unit, pay the balance owed and move on.

Web Reference:  http://www.KDRchicago.com
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Vassi Saviano, Agent, Elk Grove Village, IL
Wed Apr 30, 2008
I am familiar with one homeowner's association that rented a unit to their own tennant and collected the rent as payment of the past due HOA dues.
Web Reference:  http://www.VassiSaviano.com
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CMLHoldings, Other Pro, Streamwood, IL
Wed Apr 30, 2008
Get a good Realestate lawyer! I have heard of this happening a couple times here in Illinois and the Assoc. has won in court.
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Jim Roth, , Chicago, IL
Wed Apr 30, 2008
Jeff, i recommend the same find an attorney to figure this out..- I do know you would not be able to transfer title without a paid in full hoa statement from you association. Here a lawyer who might be able to help - Larry Lusk 312-327-3409.
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