While eviction is usually associated with renters, condo associations in Illinois may also find themselves needing to remove one of their own owners in rare but serious circumstances. Whether due to chronic rule violations, disruptive behavior, or serious delinquency, evicting a fellow owner is a legal and financial challenge—and one that must be handled with care.
Yes, Condo Owners Can Be Evicted
In Illinois, condominium associations have the legal authority to evict an owner under certain conditions—most commonly for nonpayment of assessments. According to state law, if an owner fails to pay common expenses for more than 60 days, the board can initiate legal action that may ultimately result in eviction and leasing of the unit to recover unpaid fees.
Other situations, such as repeated rule violations or dangerous conduct, may also lead to an eviction attempt, though these cases are more complex and often face higher legal hurdles. Boards must demonstrate that an owner’s behavior violates the governing documents and materially affects other residents’ right to peaceful enjoyment of their homes.
Steps to Take—Before It Gets to Court
Eviction should always be a last resort. Most situations can be resolved through communication, documentation, and clear enforcement of rules. Here’s what your association should do first:
- Document everything: From missed payments to written warnings about behavior, documentation is key.
- Follow your governing documents: Ensure all notices, warnings, and fines are issued in accordance with your declaration and bylaws.
- Consult your legal team: Before moving forward with legal action, get professional advice to make sure your association is protected.
- Talk to your financial experts: If the issue is related to nonpayment, Haus Financial Services can help boards assess the situation, determine recovery options, and navigate financial planning during delinquency.
What Happens After Eviction?
If an eviction is granted by the court, the board may lease the unit to recover the debt owed—but ownership of the unit remains with the delinquent owner until foreclosure or sale. This creates ongoing management challenges that require professional oversight. That’s why it’s essential to have the right systems and support in place. Haus Financial Services can help your board stay on top of budgets, delinquency trends, and reserve planning—so you’re not caught off guard when issues arise. And with Condoly.io, you can find, hire, and manage a team of professionals for all of your HOA needs.
Eviction Is a Last Resort—But It’s Sometimes Necessary
No board wants to pursue eviction. But when an owner’s actions threaten the well-being of the community—whether financially or through repeated violations—boards have a responsibility to act.
By staying informed, seeking professional guidance, and leveraging digital tools that keep your operations organized and transparent, you can navigate these difficult situations with greater clarity and less risk.
For more information, check out the article from CooperatorNews Chicago: Evicting an Owner or Shareholder
