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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 |

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?

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Attorney answers 3

Posted

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.

Posted

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

Posted

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