Yes, owners can be evicted from units

Q. I recently moved to Illinois and, because of my prior experience on an association board, was persuaded to fill a vacancy on our condominium board. We had a discussion at our last board meeting about collection of unpaid assessments. Board members kept referring to "eviction proceedings." The association in the state I moved from had to do breach of contract suits, or lien foreclosures, to collect unpaid assessments. What were the board members referring to when they referred to "eviction proceedings?"

A. Illinois is unique in that it allows condominium and common interest community associations to use the forcible entry and detainer (eviction) lawsuit to collect unpaid assessments from unit owners. This is similar to the legal action that a landlord takes against a tenant who is not paying rent. This legal remedy allows an association to obtain an order of possession of the owner's unit.

If the owner does not satisfy the judgment within a time set forth in the court's order, the sheriff will evict the owner from the unit and the owner's possessions will be removed from the unit, and award possession of the unit to the association. But let me underscore that the association takes temporary possession of the owner's unit; the association does not take ownership of the unit.

Once the association takes possession of the unit, the association leases the unit to a third party. The rent received pays the judgment. Once the owner's account is brought current, possession of the unit can be restored to the unit owner. The forcible entry and detainer action is very effective and the potential for eviction can persuade owners to satisfy a judgment so avoid being evicted.

Q. What is the difference between the "call" of a meeting and the "notice of a meeting" in an association?

A. The "call" of a meeting refers to the person or persons who have the authority to set a meeting of the board or of the owners, as the case may be. For example, in an Illinois condominium, special meetings of the board can be called by the president or 25% of the members of the board. Special meetings of the unit owners can be called by the president, a majority of the board of managers, or by 20% of unit owners.

"Notice of a meeting" refers to the communication that advises the board and/or owners, as the case may be, as to the time, date, location, and purpose of the meeting that has been called. The notice of a meeting needs to be delivered within a time frame set out in the governing statutes. Notice of a meeting is typically issued by the Secretary of the board, at the direction of the person or persons who are authorized to "call" a meeting.

Q. Our condominium association was recently turned over to the owners by the developer. We have an owner who comes home late from work several nights a week, and he plays his stereo at full volume with enough bass to rattle glasses in neighboring units. This has resulted in numerous complaints from several of his neighboring unit owners. The recently elected board will be establishing rules for the association, and the rules will address noise issues. Is there anything the board can do about this situation until rules are established?

A. The use and occupancy provisions of the typical association declaration of condominium prohibit conduct that is an annoyance or nuisance to the other residents. The conduct you describe can constitute a violation of such a provision. Relying on this language, if in your association's declaration, and based on the complaints by multiple owners, the board can levy a fine after providing this owner with written notice of a violation and an opportunity for a hearing.

Hopefully, the imposition of fines will persuade this resident to change his conduct. If not, there are more formal remedies that can be pursued against this owner by the association through the courts.

• David M. Bendoff is an attorney with Kovitz Shifrin Nesbit in the Chicago suburbs. Send questions for the column to him at CondoTalk@ksnlaw.com. The firm provides legal service to condominium, townhouse, homeowner associations and housing cooperatives. This column is not a substitute for consultation with legal counsel.