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Can HOA evict unit owner based upon unpaid attorney fees?

Chicago, IL |

My association took me to court for not paying assessments. The judge granted possession and attorney fees in favor of the HOA separately. I paid the judgment amount for the possession, but did not pay the attorney fees. HOA wants to evict unless I pay the attorney fees in full. One attorney told me that HOA could not do that, but another said yes they could. Please help. Thanks.

Attorney Answers 4

  1. Best answer

    Whether the HOA can collect their attorney's fees depends upon IL law and the contract you have with the HOA. Keep in mind if they are attempting to collect these fees without the legal right to do so, this would have exposed the HOA to liability under the FDCPA. For such a violation, you would be able to sue the HOA for unfair debt collection practices

  2. I don't know the answer in IL, but under Washington law the association is entitled to collect all costs of collection, including attorneys' fees, etc. Under certain circumstances, the association would be able to get a court order evicting the owner for non-payment of all amounts due.

    Hope you get a local attorney to answer your question there.

    Avvo answers are intended to provide general information only; not legal advice.

  3. The laws of each state are usually different, so you should focus on conferring with an IL attorney, whether here on Avvo or in person.

    I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.

  4. I believe the association is entitle to recover the full judgment amount. Therefore, if the association got awarded attorney’s fee and court costs, yes they are entitle to recover it. Good Luck

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