Chicago Past Association Dues - Do I have to pay the $9200

Asked by Graham Evans, Outside U.S. Sun May 29, 2011

I bought a condo in Chicago last may 2010. I was told by the attorney that deals with the association that i have to pay the past association dues/lien, if this is not paid they could take possession of my unit. This worried me so i have been paying the past fees off and now owe $3600 of the $9200. I have been speaking with an agent in chicago about this' he seems to think that this may have been against the law for the association to make me pay all of the past dues. So i just want a second opionion please. Is this the case? Have i paid something i might not have had to pay?

I bought the property from a foreclosure company.

Any advice would be highly appreciated.

Thanks
Graham

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15
Joe Schiller, Agent, Chicago, IL
Sun May 29, 2011
BEST ANSWER
Graham is another example of someone who is not hiring a professional when its a good investment. Your ?- sound like "a" attorney told you something- His job is to defuse and remove all liability headed your way or at the very least prepare you for the battle. You are not alone and your case will require an attorney that will cost $700-$1000 to sort this out. DO IT!!! I can give you a good person who will be fair be YOUR legal advocate. I have an opinion about your situation but I am confident the selling attorney dumped liability your direction and I want you to have the best possible circumstances to move forward. The association is not to be crossed as it will bite you later..they -other owner -take it personally when things like this get ugly. Please contact me through my website and mark this helpful if it is. Look forward to you joining our city..the best one in America!
Web Reference:  http://www.joeschiller.net
1 vote
Marki Lemons…, , Chicago, IL
Tue May 31, 2011
Graham,

The real question is how you bought the unit. You state that you bought the unit through a foreclosure company, but the question is did they provide you with a quit claim deed? If so then you may be responsible for all outstanding assessments. However if you purchased the unit at a judicial foreclosure sale, or you received title to the unit via deed in lieu of foreclosure or took possession pursuant to a court order under Illinois Mortgage Foreclosure Law, you shall have the duty to pay the unit's proportionate share of the common expenses for the unit assessed from and after the first day of the month after the date of the judicial foreclosure sale. Also what did your contract to purchase state? We have a phenomenal Condo Training Program at the Chicago Association of REALTORS in conjunction with Lakeside Community Development Corporation. Any condo owner and REALTOR should attend as condos have their own rules and regulations.
1 vote
Ranj Mohip, Other Pro, Chicago, IL
Sun May 29, 2011
Hey Graham. You had certain rights that you could have exercised before the closing. Since you did not hire an attorney, you didn't know this. If these fees were disclosed at the time of the closing (in a paid assessment letter from the association), and you did not object, you are liable. The right to pay only 6 months of back assessments (which covers you even if you closed in May 2010) is waived if you didn't enforce this right at the closing. Contact an attorney and have him or her look over all of your documents including the contract and closing documents.


Attorney Ranj Mohip is a Chicago real estate attorney. The information in this answer is general information and is not intended as legal advice. Further, answering this question or otherwise contributing as a member of Trulia.com does not create an attorney-client relationship. Remember, consult the best real estate attorney in Chicago or in your respective area.
1 vote
Matt Laricy, Agent, Chicago, IL
Sun May 29, 2011
Should only be liable for 6 months back dues. Call an attorney, and have him represent you in this. I can provide one if need be.

Matt Laricy
Americorp Real Estate
Brokers Associate, e-PRO
mlaricy@americorpre.com
708-250-2696
Web Reference:  http://americorpre.com
1 vote
Tori Browning, Agent, Libertyville, IL
Sun May 29, 2011
Have your attorney look into this, this is not meant as legal advice but according to the Illinois Condo Act you would be only be responsible for 6 months of past association dues. Heres a link to the handbook, the information is on page 3.
http://legalnews.arnstein.com/illinois-condominium-property-act/

Tori Browning
Realtor
1 vote
Manoj Jakhar, Agent, DES PLAINES, IL
Fri Nov 14, 2014
Under Illinois state law you are only required to pay up to and no more than 6/months of back due assessments. Your attorney or agent should help you to fix the matter.
0 votes
Gerard Carney, Agent, Spring Hill, FL
Mon Jun 6, 2011
You should have had an agent that wrote the contract which held the seller to the past HOA fees and that would have been removed at the closing. Your agent did bad for you on this. Someone has to pay the fees and the association can and will put the lien on the unit as outlined in the articles and bylaws of the association. Yes if outlined that way they can take your unit, and have probably done so in the past with others. You need a copy of the documents that rule that Condo, you need an attorney as well, go after the seller for the monies already spent on their behalf and also get the remainder and always have an attorney close at hand as long as you own this Condo.
0 votes
Anthony Cava…, Agent, Joliet, IL
Sun May 29, 2011
The entity (company/individual/etc) that took the property in the sheriff's sale (and subsequent owners) is only responsible for the association dues for 6 months of before the date of foreclosure and any time after that. But the people that sold you this property really should have taken care of all the liens before you took title. An attorney costing $400-$500 might have saved you a good chunk of this money (if not 100% of it). What is your recourse now? Unknown since you already closed and have paid off 2/3 of the balance. I doubt you will get any of this money back even if you do get the rest canceled. Definitely consult with an attorney to find out if you have options at this point.
0 votes
Evelyn S. Fr…, Agent, Chicago, IL
Sun May 29, 2011
Hi Graham,

Under Illinois state law you are only required to pay up to and no more than 6/months of back due assessments. Your attorney should have advised & advocated for you.

Get your attorney involved, it's not too late.l
0 votes
Graham Evans, Home Buyer, Outside U.S.
Sun May 29, 2011
Hi Tori' thanks for the info' the act you linked to says that its only effective as of July 2010, i bought the unit May 2010' so im not sure if it would apply to my situation.
0 votes
Graham Evans, Home Buyer, Outside U.S.
Sun May 29, 2011
Hi David' I thought that myself that i would have to pay the association liens due to the condo being a foreclosure. But i was then told by an agent who is very experienced in chicago, that it was against the law in chicago for an association to charge me more than 6 months of association fees' this is the reason I am trying to seek some advice before having to go to an attorney and maybe pay out attorney fees for nothing.
0 votes
David Burnham, , Washington, DC
Sun May 29, 2011
If you bought it out of foreclosure, you stand the risk of picking up other liens, like the condo association. Chances are you are responsible for this, however I would suggest you meet with the board. The board is composed of owners like yourself and they may very well be willing to reduce what you owe, especially if some of the past due amount was fines incurred by the previous owner.

I sit on a board foe a condo in DC and if something like this came up to us, I am pretty sure we would waive some, but jot all of the fees.
0 votes
Bill Eckler, Agent, Venice, FL
Sun May 29, 2011
Graham,

One would hope that your attorney provided you with accurate information....your second opinion should likely come from another attorney familiar with Chicago real estate law.

Bill
0 votes
Graham Evans, Home Buyer, Outside U.S.
Sun May 29, 2011
Hi Beverly' thanks for your reply. The foreclosure company closed the deal in house' i only realised i needed an attorney once the deal had gone through. I hired an attorney to get title insurance for me' i now have this' but the lien was still there as i thought I had to pay this, due to the association attorney saying they will take possesion of my unit. So now im really unsure what to do' hire an attorney that would cost me more money and still have to pay the $3600 thats outstanding. Im really unsure what to do.
0 votes
Beverly Gora…, Agent, Plymouth, MA
Sun May 29, 2011
Hi Graham
Did you have an attorney that handled the closing of your condo? Hopefully you still have all of the paperwork. Certainly laws are different in every state, but I strongly reccommend you speak to an attorney..the past due fees should have been paid by the bank that forclosed prior to selling the condo to you.
Best Wishes

Beverly Goranson
0 votes
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