Is it legal for my condo association to seek an order of possession for a past due special assessment?

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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 10 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. 


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