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
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.
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.
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