When a condo owner goes into foreclosure, it is imperative that board review the owner's account for delinquencies and take the proper action to preserve any unpaid balances owed to the association.

If an owner has not been paying assessments throughout the foreclosure and the association does not take any legal action during that time, the lien against the unit for unpaid amounts will be extinguished by the foreclosure action and the association will not have any recourse to collect against the owner. 

Thanks to Section 9(g)(4) of the Illinois Condominium Property Act, however, an association has the right to collect 6 months of assessments unpaid by the owner if they have taken legal collection action. In June 2018, in Sylvia, LLC v. Baldwin Court Condominium Association, the Court clarified that filing a lien against the unit is sufficient to satisfy the legal action required by Section 9(g)(4) and preserve the right of the association to collect 6 months of unpaid assessments.

The unpaid assessments are paid either by a third party who purchases the unit at the judicial sale or by the purchaser who purchases the unit from the bank following the foreclosure.

There are other collection options that allow the association to collect all of the amounts due from the delinquent owner even if the unit is foreclosed. The route your association should take depends on a number of factors. If you need help with collection issues, contact Haus Financial Services for more information.