Is it legal for my condo association to seek an order of possession for a past due special assessment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal for my condo association to seek an order of possession for a past due special assessment?
I received a collections notice for $325 + a $227 fee. I am a hardship case; I have not worked for 11 months.However I have never missed a mortgage payment or monthly assessment. I have sent a couple extra dollars every month to pay down my debt and even contacted the management office in good faith in advance. I received the 1st collections notice in my life. What can I do to protect myself?
Asked on July 5, 2011 under Real Estate Law, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You are asking a question based upon a feeling I think that what they are doing is wrong because if your situation. And I can really understand that. If, however, they are only following the guidelines and the rules and not targeting you directly then what they are doing is probably not illegal. I would strongly suggest that you seek help here from someone who can read your documents for the property. The special assessment is probably for work that was done to the condo units as a whole, correct? Was it properly authorized? If it was then you may have to pay it. I would contact the management office again and let them know that you have special circumstances and that yo can not pay it off all at once. Try and come up with a payment plan. And answer the court summons. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.