how to EVICT A NON-PAYING CONDO UNIT OWNER? (Chicago: foreclosure, rent)

[kimberlyland]

i know by law you can evict a condo unit owner and take over the rents his tenant pays...

I live in a 6-unit condo building and one owner has not paid in YEARS. He has a tenant in the building who is generally not a problem. Our issue is with the owner, not the tenant. He sporadically makes $300 and $400 payments here and there when we call and harrass him. Recently I called about a payment and he threatened me, told me I had amnesia because has been paying, and then said he would take this to court. I told him I wish he WOULD take it to court because then we would finally get our money. He promptly hung up on me.

How do we evict this person? Because of him we have VERY LITTLE money for an attorney; we can barely pay our bills. Does anyone know any (preferably pro-bono or lower-priced) attorneys or agencies that help associations like ours? I've searched for this kind of help but perhaps I'm not looking in the right places. There's PLENTY of info on defending yourself if your landlord is evicting you but what about those who need help evicting?

All we want is what is owed us...

Someone please help...

[Lookout Kid]

You need to place a lien on the property. There is no "eviction" of condo unit owners, but you may be able to force him into foreclosure with a crafty lawyer. And with a lien on the title, he will not be able to sell the unit until he pays up.

[IllNoize]

Doesn't the "big bank" lender do all this stuff if someone defaults on mortage payments? Why are you left with this burden? Are you the lender?

[tully]

^ I think she's referring to monthly association fees, nothing mortgage related.

Non-payment of monthlies is a tough spot, for associations. Their only choice other than lien (years/decades of waiting..), is to sue. I don't think they can cover the shortfall with reserves, as it may violate accounting laws (essentially taking from peter to pay for paul..)

I'd assume this is a widespread problem in this crisis environment. Any condo-buyer should really pore over the reserves and whatever other association records they can glean. This is ostensibly "confidential" info, but the listing agent will usually "volunteer" it sans offer (at least the reserves and upcoming "special assessments"), lest they be seen as hiding something awful..

[jwaiter]

My association is in a similar situation. I contacted an attorney I found through Craigslist and his prices were very reasonable. Here is his ad...

Chicago Condominium Association Assessment Collection Attorneys (http://chicago.craigslist.org/chc/lgs/1260924957.html - broken link)

[jwaiter]

Bottom line is you need an attorney. It's not as expensive as you probably think it is.

[kimberlyland]

Lookout Kid—Yes, you CAN evict a condo owner for non-payment. It explicitly says so in Illinois Condo and Tenant/Landlord Law and I’ve spoken with various attorneys about this. This law was enacted to protect the other owners in a building from situations like what I’m experiencing. If there were no such law, what would prevent anarchy? What would prevent owners who rent their units from not paying association fees? Those who live in the building pay because we recognize and reap the benefits. You can evict an owner and put them on the street. I even know someone who nearly had this happen to her until her boyfriend bailed her out and paid her association for her...

Tully—thank you for clarifying what I did not. Yes, I do mean the monthly association fee. My foul-mouthed neighbor just refuses to pay and doesn’t even remember that he has not paid faithfully. What he owes is in the thousands…

Jwaiter—THANK YOU!!!! I will call this attorney and move from there. I had called a few other attorney’s before this posting and they kept saying it would cost so much just to pay them. It doesn’t make sense to me that there is no immediate relief/help/defense for associations and owners like there is for tenants...

THANKS TO EVERYONE FOR REPLYING SO QUICKLY!!!!

[snoylekim]

Not always 'years' .. Mortgage lenders sometimes take a very keen interest in this type of lien .. a lot of mortgage paperwork has language that says, in effect, the lender has the right to eliminate the lien (pay the outstanding assessment fees) and force the mortgageholder to repay via adding to monthly schedule or through forced escrow .. They wouldn't lend in a condo environment without some sort of protection
The attorney will need to look at the association by-laws, research other liens ( e.g. First and Second Mortgages ), etc.... It won't be overnight relief, but it's amazing someimes how the arrival of an attorney immediately proceeds the arrival of a check

[Lookout Kid]

It's a forced sale, not an "eviction". It's similar to a foreclosure.

[kimberlyland]

Lookout Kid, it IS an eviction. It's called 'Forcible Entry & Detainer' which means eviction AND collection judgement. It's clearly stated in the Condo Act and Landlord/Tenant law. It means the sheriff comes and puts them out just like a foreclosure or just as if they were a tenant--stuff on the street, no excuses. You can accomplish this eviction by serving a 30-day notice or by placing a lien or both. The 30-day notice is just more effective. I know this because I had this talk with an attorney a looong time ago and I know a young lady to whom this happened. If you want to call it foreclosure, eviction, forcible entry & detainer, get the hell out & pay up, I don't care. The point is I needed options that were affordable because this owner needs to pay so we can collect the rent from his tenant. It's because of his irresponsibility that I'm using precious time searching for an affordable attorney.

The craigslist ad and the personal message I received are both so very helpful. I'm on my way to call these attorney's now! Thanks again guys!