Basis for Fines/Liens

Started by ReneeD • 7 replies • 2125 views

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ReneeD (Illinois)
Posts: 201

Posted:

Another homeowner recently commented to me that fines are DIFFERENT and can't be used as a basis for liens nor foreclosures in MOST states. Anyone know (off the top of their head)if this holds true in the state of Illinois? Our BOD and PM will not respond with an answer to this question for me as it is privileged information.

Also, it appears that this PM maybe lumping all fines, late fees, in a delinquent report. Is this correct?

ReneeD

JulieS (Georgia)
Posts: 412

Posted:

We have have liened property for non-payment of fines due to ACC violations, etc. There needs to be a detailed record of assessments, fines, late fees, ACC fines, etc., so that if you ended up in court over this the amount due would stand.

ReneeD (Illinois)
Posts: 201

Posted:

ACC violations? what is that? are you in Illinois, Julie? Thanks. ReneeD

JulieS (Georgia)
Posts: 412

Posted:

No, Georgia....violations other than non-payment of annual assessments (i.e., putting a fence up with prior approval, parking a commercial vehicle or trailer in the driveway after numberous letters being sent).

ReneeD (Illinois)
Posts: 201

Posted:

Ok, got it. Sounds like in state of Georgia you can. Now I need to find out for Illinois... Thanks again for your response, Julie. -r

LisaS (Illinois)
Posts: 341

Posted:

As I recall, you are a condo or townhouse community, so you are covered by the Illinois Condo law.

Consequently, yes you may file a lien for fines, including reasonable and appropriate expenses (attorney fees, filing fees,etc)

You can find the exact chapter in the Illinois Condo Act at 605/9 (g).

Good luck,
Lisa

ReneeD (Illinois)
Posts: 201

Posted:

Thanks, Lisa. Hopefully one last question on this subject...

shouldn't fines and late fees be kept separate from each other or, does it even matter? -ReneeD

ReneeD (Illinois)
Posts: 201

Posted:

Thanks, Lisa. Hopefully one last question on this subject...

shouldn't fines and late fees be kept separate from each other or, does it even matter? -ReneeD

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