Saturday, February 9, 2013

All HOA and Eviction Lawyers Should Read This Case

One of the more powerful and least understood provisions of the Forcible Entry and Detainer statute allows condo associations and certain other community interest associations to evict homeowners from their units for the non-payment of assessments.  The association can then place a tenant into the unit and can apply the rental proceeds to the homeowner's delinquent assessment balance.  

There are a ton of practical considerations if you ever find yourself (or your client) on either side of this equation.  When can the homeowner get back into his house?  What happens to the tenant with a one-year lease if the homeowner pays off his balance with a lump sum?  What fees can be added onto the homeowner's balance after he is evicted?  Lots of questions that would take a lot of research to answer.

Fortunately, the 1st District Appellate Court just issued one of the most thorough opinions that I have read on the subject.  There are dozens of great nuggets in this case for lawyers to use when representing the association or the homeowner.  The Court even spends the last four pages of the opinion answering procedural questions that weren't even addressed on appeal, but that the Court thought needed to be explained anyway.  

The case is a must read for condo/eviction lawyers.  Here is the link:

Gotham Lofts Condominium Association v. Kaider, 2013 IL App (1st) 120400.

3 comments:

notsameasever said...

We are seeking an attorney that is familiar with Illinois Condo Law. After reviewing the Gotham Lofts Condo Assoc vs Kaider decision, I think there are many similarities to what our HOA is putting us through. It has been over 2 years since our eviction and the court awarded amount at possession has long ago been cured. Now they are asking for the unreasonable fees that they claim we owed pre-bankruptcy. We are attempting to regain possession of our home.
Nora Babula

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