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This question came from one of our users:
Hello, we are trying to make payments on our annual HOA dues on a piece of property in Illinois. We made one payment and were told we are delinquent and demanded payment. They provided no schedule for the payment, nor an intent to file a lien, just hit us with the lien. How do we resolve this?
In Illinois, an HOA generally must follow specific procedures before placing a lien on a property for unpaid assessments—but you may still be responsible if payments are delinquent under the association’s governing documents.
What you should know:
Illinois Condominium Property Act and Common Interest Community Association Act:
If your property is part of a condominium or HOA governed by these Acts, the association typically must:
- Provide notice of delinquency before recording a lien.
- Offer a reasonable opportunity to cure the default.
- Disclose the basis of the assessments, including any late fees or interest.
Governing Documents Control:
Your HOA’s Declaration, Bylaws, or Rules & Regulations likely spell out the payment schedule and the process for handling late payments and liens. If the documents are silent or ambiguous, Illinois law generally favors fair notice and due process before punitive action, like a lien being taken.
Liens Can Be Filed Without Court Approval:
HOAs in Illinois are allowed to file a lien for unpaid assessments without a court order. However, they must comply with statutory notice requirements and follow the process outlined in their own documents.
Resolution Steps You Can Take:
- Request documentation: Ask the HOA in writing for the payment schedule, accounting of what you owe, a copy of the lien, and a breakdown of charges.
- Review governing documents: Determine if the lien was filed in accordance with the rules.
- Negotiate or dispute: If there’s an error or lack of notice, you may have grounds to dispute the lien or negotiate a settlement.
- Consult an attorney: Illinois law allows property owners to challenge improperly filed liens and potentially recover attorney’s fees if successful.
In summary, while HOAs in Illinois can place liens for unpaid dues, they must follow proper notice and process, often outlined in their governing documents. If you weren’t given notice or a payment schedule, you may have a valid dispute—but timing is critical.
Need help disputing or resolving an HOA lien in Illinois?
Contact O’Flaherty Law to review your HOA documents and help you resolve the issue quickly and effectively.
Designed for general information use only. The content above does not constitute legal advice or the formation of an attorney/client relationship.
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