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Can a forcible entry & detainer lawsuit in Illinois be used by HOA a to get possession for condo fees discharged in bankruptcy?

Chicago, IL |
Filed under: Litigation

A demand for payment from unit owners for those condominium fees that were already discharged was not made prior to filing of complaint. Isn't that a condition precedent to any forcible action?

Attorney Answers 3

  1. If they are for the collection of fees due after your discharge, and you remain on title to the property, then yes. However, the HOA cannot collect fees that accrued pre-discharge. So if the action is for pre-discharge fees, then it is invalid.

    The information in this answer is not intended as legal advice nor do I intend to create an attorney-client relationship with any reader simply by answering this question or contributing as a member of AVVO.

  2. They should not be trying to collect prepetition HOA fees. Any fees since you filed bankruptcy, they can sue you for.

  3. A homeowners association can collect post petition dues, fees and fines. I would recommend that you contact an attorney to represent you in court.

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